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THE     CODE 


OF   THE 


STATE  OF  GEORGIA 


PRKPABKD  BY 


R.  H.  CLARK,  T.  R.  R.  COBB  and  D.  IRWIN. 


ATLANTA,   GEORGIA: 
PUBLISHED  BY  JOHN  H.  SEALS. 

CRUSADER  BOOK  AND  JOB  OFFICE. 
1861. 


i 


PREFACE. 


By  an  Act  of  the  General  Assembly,  assented  to  9th  December,  1858,  pro- 
vision was  made  for  the  election  of  three  Commissioners,  "to  prepare  for 
the  people  of  Georgia  a  Code,  which  should  as  near  as  practicable,  embrace  in 
a  condensed  form,  the  Laws  of  Georgia,  whether  derived  from  the  common 
Law,  the  Constitutions,  the  Statues  of  the  State,  the  decisionsof  the  Supreme 
Court,  or  the  Statutes  of  England,  of  force  in  this  State." 

David  Irwin,  Hon.  Herschell  V.  Johnson,  and  Tverson  L.  Harris,  were  elec- 
ted Commissioners,  under  the  provisions  of  this  Act.  The  last  two  named, 
declining  the  position,  Ilis  P^xcellcncy,  Governor  Brown,  supplied  the  vacan- 
cies by  the  appointment  of  Thomas  R.  R.  Cobb,  and  Richard  11.  Clark,  who 
were  also  elected  by  the  Legislature  at  its  session  next  after  they  were  a))- 
pointed. 

Thus  organized,  the  Commissioners  commenced  the  work  assigned  them. 

Looking  alone  to  the  words  of  the  Act,  the  object  contemplated  by  the  Leg- 
islature swelled  into  a  project,  the  magnitude  of  which  would  have  deterred 
the  boldest  adventurer,  if  its  accomplishment  did  not  strike  his  mind  as  being 
utterly  impossible.  The  commissioners,  however,  did  not  believe,  that  such  a 
construction  of  the  Act  was  a  proper  interpretation  of  the  Legislative  will,  but 
construed  it  as  requiring  a  Code,  which  should  embody  the  great  fundamen- 
tal principles  of  our  jurisprudence  from  whatsoever  source  derived,  together 
with  such  Legislative  enactments  of  the  State,  as  the  wants  and  circumstan- 
ces of  our  people  had  from  time  to  time,  shown  to  be  necessary  and  proper. 

Such  a  Code  will  furnish  all  the  information,  on  the  subject  of  Law.  required 
either  by  the  citizen,  or  the  subordinate  Magistrate. 

Thus  interpreting  the  Act  of  the  Legislature  prescribing  their  duties,  the 
Commissioners  entered  upon  the  discharge  of  those  duties,  seeking  not  only  to 
condense,  and  arrange,  the  verbose,  and  somewhat  chaotic  mass  of  the  Statutes 
of  Georgia,  but  also  to  interweave  therewith,  those  great  leading  principles  of 
jurisprudence,  necessary  to  HU  out  and  make  perfect  the  body  of  our  laws,  of 
which  the  Statutes  constituted  but  disjointed  parts. 

In  such  an  undertaking,  the  Commissioners  could  not  hope  for  complete 
success,  but  to  attain  it  as  near  as  possible,  they  have  spared  neither  painsta- 
king or  labor.  How  far  they  have  succeeded  in  their  efforts  is  submitted  to 
the  judgment  of  a  generous  profession,  and  a  generous  public, 

The  Code  is  divided  into  four  parts  as  follows ; 


iv  PREFACE. 


PART  I. — TnB  Political  axd  Public  Oeganization  of  the  State; 
Which  treats  of  the  Boundary,  Divisions,  Subdivisions  of  the  State,  and  the 
municipal  organization,  and  regulations  thereof. 

PART  II. — The  Civil  Code;  Which  treats  of  rights,  wrongs,  and  remedies. 

PART  III. — The  Code  opPBAcncE;  Which  treats  of  the  various  methods 
of  enforcing  rights,  and  redressing  wrongs,  together  with  the  law  of  Pleading 
and  Evidence,  and  the  practice  of  the  Courts. 

PART  IV. — Pexal  Laws;  Which  treats  of  Crimes  and  Misdemeanors, 
Trial  and  Punishment,  and  it  is  subdivided  into :  First. — Penal  Code  for  the 
Trial  and  Punishment  of  white  persons,  to  which  is  added  a  XVI  Division, 
containing  the  Proceedings  in  Preliminary  Courts.  Second. — Laws  for  the  gov- 
ernment of  the  Penitentiary.  Third. — Penal  Code  for  Slaves,  and  Free  jjersons 
of  color. 

In  the  preparation  of  this  work,  the  Commissioners  have  endeavored  to  ar- 
range the  various  subjects,  under  oppropriate  Titles,  Chapters,  Articles,  and 
Sections,  except  tlie  Penal  Code,  in  Avhich  for  the  j)urpose  of  convenient}  refer- 
eiiee,  the  original  Divisions  have  been  retained. 

The  paragraphs  are  numbered  from  the  beginning  to  the  end  of  the  book. 

Thus  prepared,  the  Code,  after  a  thorough  and  laborious  examination  by  ai 
Legislative  committee,  Avas  submitted  to  the  Legislature,  and  on  the  19th  of 
December,  1860,  was  "adopted  as  the  Code  of  Georgia,  to  be  of  force,  and 
take  eflect  on  the  1st  day  of  January,  1802." 

The  adopting  statute  further  provided  :  That  all  laws  and  resolutions  of  a 
public  and  general  character,  passed  at  the  session  of  the  Legislature,  in  the 
year  1800,  and  also  the  Laws  of  Georgia,  having  reference  to  the  City  of  Sa- 
vannah, should  be  incorporated  in,  and  made  part  of  the  Code,  and  that  the 
duties  and  powers  of  the  Commissioners  should  be  continued  to  that  end,  with 
authority  to  place  the  same  in  the  Code,  in  proper  form  and  connection,  and 
to  correct  any  conflicts  that  might  be  created  thereby,  with  existing  provis- 
ions. 

f)n  the  18th  of  March,  18G1,  a  convention  of  the  jteople,  then  in  session  : 

Jiesolved,  That  in  the  publication  of  the  Code,  it  should  be  made  to  con- 
form to  the  Government  of  the  Confederate  States,  instead  of  the  Govern- 
ment of  the  United  States,  from  which  Georgia  had  then  but  recently  seceded, 
and  also  that  the  Constitution  of  the  Confederate  States,  should  be  publislied 
as  part  of  the  Code. 

A  compliance  with  tliese  provisions,  required  an  almost  entire  revision  of 
the  Code,  and  added  greatly  to  the  labor,  as  well  as  to  the  difficulties  in  the 
way  of  perfect  success. 

It  is  but  an  act  of  justice  to  the  Publislier  to  state,  that  the  typographical 
errors  which  appear  in  the  book,  are  mainly  attributable  to  the  frequent  change 
of  Printers  during  the  ])rogress  of  its  publication,  resulting  from  the  excited 


PREFACE. 


and  unsettled  state  of  our  national  affaire.  No  less  than  eleven  Printers,  who 
were  at  one  time  or  another,  engaged  in  printing  this  Code,  are  now  in  tlie 
service  of  the  Confederate  States. 

The  errors  alluded  to,  have  been  corrected  in  an  Errata,,  which  will  he 
found  at  the  end  of  the  Index,  and  to  which  the  special  attention  of  the  read- 
er is  invited. 

Many  of  the  Rules  of  the  Supreme  and  Su])erior  Courts,  having  been  su. 
perceded  hy  Legislative  enactments,  and  decisions  of  the  Courts,  and  others 
being  embodied  in  this  code  under  appropriate  lieads,  it  is  believed  that  the 
rules  of  both  courts  should  \mdergo  a  revision  by  the  proper  authorities,  and 
therefore  they  are  omitted  in  tliis  book. 

As  constant  reference  will  be  made  to  the  Code,  not  only  by  the  Bench  and 
Bar  of  the  State,  but  also  by  the  various  public  officers,  and  citizens  who  are 
not  Lawyers,  the  commissioners  have  endeavored  to  make  the  Index  coj^ious 
and  full,  and  to  distribute  the  matter  under  as  many  heads  as  it  could  be  ap- 
propriately placed,  in  order  that  what  is  sought  for,  may  be  readily  found. 

The  commissioners  submit  to  the  people  of  Georgia  the  result  of  their  la- 
bors, and  ask  for  it  a  patient  examinaiion,  sufficient  at  least  to  understand  the 
plan,  arrangement  and  execution  of  the  work,  and  if  after  that,  it  be  not  ap- 
proved by  the  public,  they  can  but  regret  it. 


REPORT  OF  THE  COMMITTEE. 

To  the  General  Asscinhly  of  tlm  State  of  Georgia. 

The  committee  appointed  under  the  resolution  of  the  last  session  of  this  Gen- 
eral Assembly,  (assented  to  16th  Dec.  18S9,)  to  meet  the  Commissioners  ap- 
pointed under  an  Act  to  provide  for  the  Codification  of  the  Laws  of  Georgia, 
(approved  19th  of  Dec.  1S5S,)  at  the  capital  in  Milledgeville,  at  least  twenty 
days  before  the  meeting  of  this  present  session  of  the  General  Assembly,  for 
the  purpose  of  revising  and  fully  examining  said  Code,  respectfully  report ; 

That  they  have  discharged  the  duty  devolved  upon  them  by  said  resolution 
and  the  following  is  the  result  of  their  investigations. 

Referring  to  said  Act,  of  9th  of  December  1858,  your  Committee  find  that 
it  was  made  the  duty  of  the  Commissioners,  thereby  appointed  to  prejsare  for 
the  people  of  Georgia  a  Code  which  shall,  as  near  as  possible  embrace  in  a  con- 
densed form,  the  Laws  of  Georgia,  whether  derived  from  the  Common  Law, 
the  Constitution  of  the  State,  the  Statutes  of  the  State,  the  decisions  of  the 
Supreme  Court,  or  the  Statutes  of  England,  of  force  in  this  State. 

With  this  enlarged  and  extensive  chart  of  the  powers  and  duties  of  said 
Commissioners  before  your  Committee,  and  as  directory,  as  well  to  compilation 


^  PREFACE. 


•xs  in  the  revision  and  examination  of  said  Codo,  they  caused  each  and  every 
section  thereof  to  he  fully  and  carefully  read  before  them,  and  they  present  as 
their  unanimous  conclusion  that  said  Commissioners  have  kept  themselves  fully 
and  carefully  within  the  pale  of  the  powers  and  duties  conferred. 

The  min-'linff  together  in  condensed  and  intelligible  form  the  common  and 
statute  Laws,  Constitutional  provisions  and  Court  Decisions,  and  thus  to  place 
the  ^hole  body  of  all  the  Law  within  the  reach  of  the  people  was  in  the  opin- 
ion of  your  Committee  the  great  end  aimed  at  by  the  Legislature,  and  this 
end  has  been  kept  in  view,  and  to  every  practicable  and  attainable  extent  ably 
and  efficiently  accomplished  by  the  Commissioners.  ^        .   ^ 

A  Code  so  entirely  extensive  in  its  aims  and  purposses  as  to  deiine  in  inteligi- 
ble  form  and  language  out  of  the  body  of  the  great  system  of  the  Common  Law, 
existincr  time  whereof  the  memory  of  man  runneth  not  to  the  contrary,  mischiefs 
and  rights,  duties  and  obligations  and  to  present  in  intimate  and  close  connec- 
tion therewith  Constitutional  and  statutory  provisions,  and  the  Judicial  exposi- 
tion and  construction  thereof,  for  their  redress  and  enforcement,  is  of  rare,  if  not 
in  the  Code  now  presented,  of  original  occurrence.     Your  Committee   intend 
to  say,  that   it  has   not  been   before  so  extensively  attempted,    that    the  cit- 
izen should  be  referred  to  the  Avhole  embodiment  of  the  Law  in  a  single  vol- 
ume to  be  exactly  informed  what  are  his  rights  in  any  and  every  exigency,  and 
what  his  remedies  for  their  enforcement  and  protection.     And  it  need   hardly 
be  added  that  to  the  large  degree  in  which  the  offered  Code  accomplishes  this 
crreat  desideratum,  it  must  and  will  commend  itself  to  public  approval  and  ac- 
ceptance.    As  your  Committee  have  said  in  the  discharge  of  the  duties  de- 
volved upon  them,  they  caused  each  and  every  section  of  the  Code  to  be  read 
before  them,  and  at  the  option,  or  upon  the  suggestion  of  any  one  of  its  mem- 
bers its  sections  were  discussed,  canvassed  and  amended,   enlarged  and   res- 
tricted by  a  vote  of  the  majority  ;  and  your  Committee  will  add,  that  the  Cod- 
ifers  themselves  being  present,  with  scarce  a  single  exception,  approved,    ac- 
quiesced in,  and  adopted  all  such  suggestions,   alterations,   modifications,   en- 
largements, or  restrictions,  as  your  Committee  thought  proper  to  make. 

Beyond  what  has  been  said,  the  limits  of  this  report  will  not  authorize  your 
Committee  to  enlarge. 

As  "the  result  of  their  investigations,"  and  in  full  view  of  the  delicate  res- 
ponsibilities thereby  incurred,  specially  if  their  further  suggestions  shall  receive 
Legislative  approval,  they  do  not  hesitate  with  entire  unamimity  to  report  that 
the  Commissioners  have  ably,  faithfully,  and  efficiently  discharged  the  arduous 
duties  imposed  upon  them,  and  with  like  unanimity"recommend  the  Legislative 
sanction  and  adoption  of  that  which  they  present  as  "The  Code  of  Georgia." 

In  the  further  anxious  dischargoof  their  duties,  the  thoughts  of  your  Commit- 
tee have  been  necessarily  turned  to  consider  the  mode,  in  and  by  which,  this 
can  be  done. 

The  importance  of  a  knowledge  of  the  contents  of  the  Code  to  a  satisfactory 
and  well  considered  vote  for  its  adoption  by  each  membor  of  the  Legislature, 


PREFACE.  vii 


has  on  the  one  hand  pressed  strongly  upon  »is,  while  on  the  other,  the  ntter 
impossibility  of  canvassing  and  considering  within  any  reasonable  period  of 
time,  the  four  thousand  paragraphs  embraced  therein,  has  presented  an  obsta- 
cle almost,  if  not  absolutely  insurmountable. 

The  mere  reading  of  the  manuscript  to  inform  and  enlighten  the  Legislative 
mind  as  to  its  provisions,  would  occupy  more  than  half  the  time  limited  by  the 
Constitution  to  a  Legislative  Session.  Such  reading,  accompanied  by  the  un- 
questioned power  to  amend  and  discuss  according  to  the  varied  opinions  and 
policy  of  our  three  hundred  members,  it  need  hardly  be  said  would  occupy,  to 
nay  the  very  least,  more  than  all  the  time  thus  limited. 

In  the  opinion  then,  of  your  Committee,  to  read  withoiit  amendment,  and 
discussion,  would  be  idle  and  useless  waste  of  time  and  money  ;  and  to  read, 
amend  and  discuss,  impracticable. 

Entertaining  these  opinions,  and  seeking  the  best  solution  of  the  difficulties, 
your  Committee  were  naturally,  to  refer  to  the  precedents  set  and  acted  upon 
by  your  sister  States  under  similar  circumstances.  So  far  as  such  precedents 
will  sanction  and  justify  the  recoinmcndation  to  which  they  are  led,  they  have 
been  pleased  to  find  that  in  almost  every  State,  Revised  Codes  have  been  adopted 
by  a  simple  LegisLitive  Act,  such  as  your  Committee  offer  with  this  Report, 
and  upon  the  action  and  report  of  a  committee,  leaving  other  considerations, 
amendments  and  discussions,  of  course,  to  the  power  and  wisdom  of  the  Leg- 
islature after  publication. 

With  the  exception  of  Virginia,  your  Committee  believe  that  the  action  of 
the  States  has  been  uniformly  such  as  they  now  recommend.  Li  that  State  the 
other  policy  was  pursued.  Each  section  of  its  Code  was  subjected  to  a  thor- 
ough revision,  and  separate  adoption  by  its  w^hole  Legislative  Department. 
The  result  was  that  its  session  was  extended  to  a  period  over  six  months,  and 
of  course  at  a  very  great  cost  to  the  State.  Your  Committee  from  a  partial 
and  cursory  examination  of  the  Code  of  that  State  will  be  permitted  to  add, 
in  no  censorious  spirit,  that  the  benefit  of  this  course  is  not  manifest  in  the 
results.  Other  Codes  adopted  upon  the  plan  which  your  Committee  feel  con- 
strained to  suggest,  compare  most  favorably  with  this  Code  of  Virginia. 

Your  Committee  believe  that  they  could  give  satisfactory  reasons  for  the 
opinion  entertained,  that  the  labor,  time  and  money  which  nught  be  expended 
in  a  Legislative  reading,  revision  and  examination  of  the  Code,  might  be  really 
detrimental,  rather  than  beneficial  to  its  efficiency,  harmony,  and  entire  plan 
and  structure.     But  the  limits  of  a  report  forbid  all  such  attempts. 

If  the  Code  now  presented  were  a  new  system  of  jurisprudence,  or  had  the 
Commissioners  attempted  to  graft  upon  our  system  any  new  features  extract- 
ed from  others,  and  unharmonious  Avith  our  own,  or  even  if  alterations  in  a 
well  defined  public  policy  had  been  attempted,  your  Committee  would  have 
paused,  hesitated  to  recommend  the  mode  of  adoption  suggested,  without  at 
least  calling  the  special  attention  of  the  Legislature  to  such  new  and  essential 
changes. 


VIU 


PREFACE. 


But  at  an  early  stage  of  our  revision  and  examination,  the  Codifers  announ- 
ced the  leading  principle  by  which  they  had  attempted  to  guide  their  labors, 
and  your  Committee  report  the  same  prominent  in  all  the  amendments  and 
changes  made  at  their  suggestion.  This  principle  was,  to  attempt  no  change 
or  alteration  in  any  well  defined  rule  of  law  which  had  received  Legislative 
sanction  or  judicial  exposition,  and  to  add  no  principle  or  policy  which  had  re- 
ceived the  condemnation  of  the  former,  or  was  antagonistic  to  the  settled  de- 
cisions of  the  latter. 

The  prominent  and  leading  power  of  change  exercised  in  construction  and 
revision,  has  been  to  cut  and  unravel  Gordian  knots,  resulting  from  conflict- 
ing decisions  of  the  Courts,  to  reconcile  actual  and  apparently  discordant  leg- 
islation, harmonizing  all  conflicts  to  what  seemed  to  be  settled  and  favored 
public  policy ;  to  remedy  existing  defects  by  wise  and  harmonious  provisions, 
and  to  supply  omissions  which  the  practice  and  experience  of  the  Courts  had 
discovered  and  made  manifest  in  existing  legislation.  In  short,  the  great  end 
and  aim  has  been  to  reconcile,  harmonize,  render  consistent  the  body  of  the 
Law,  so  as  to  give  shape  and  order,  system  and  efliciency,  to  the  sometimes 
crude,  and  often  ill  expressed,  sovereign  will  of  the  State. 

A  settled  conviction  on  the  mind  of  your  Committee  that  the  Codifiers 
have,  to  a  degree  as  complete  and  perfect  as  might  reasonably  be  expected, 
accomplished  these  and  like  ends,  has  won  for  the  Code  as  an  entirety  their 
cordial  and  unanimous  approval.  Your  committee  will  not  conceal  that  some 
particular  sections  and  provisions  have  not  met  this  unanimous  concurrence. — 
When  difterences  arose,  careful  and  anxious  consideration  and  discussion  fol- 
lowed, and  minorities  did  not  hesitate  to  yield  ;  all  being  satisfied  that  as  a 
whole,  the  Code  was  entitled  to  and  should  receive,  as  it  does  receive,  their 
unanimous  and  unqualified  approbation  and  recommendation. 

Your  Committee  fully  believe  that  such  would  be  the  result  of  any  exami- 
nation and  revision  by  the  Legislative  Department. 

Your  Committee  do  not  deem  it  inappropriate  to  their  duties  to  add,  that 
the  proper  printing  and  publication  of  the  Code,  if  adopted,  becomes  a  sub- 
ject of  much  interest  and  importance.  Its  plan  and  structure  accompanies 
this  Report.  A  reference  thereto  will  render  most  manifest  the  necessity  in 
the  publication  of  rigidly  adhering  to  the  plan.  The  numerical  order  of  its 
paragraphs,  and  its  references  in  one  title,  section,  or  paragraph,  to  another, 
must  be  preserved.  In  the  use  and  value  of  the  Code,  its  Index  becomes  of 
tho  highest  importance. 

These  and  like  considerations  and  reflections  lead  your  Committee  to  sug- 
gest that  none  other  than  those  who  constructed  the  Code,  who  devised  its 
plan,  and  are  familiar  with  its  details  and  manuscript,  can  so  well  superintend 
its  publication  and  prepare  its  index.  Your  Committee  have  further  to  add 
that  it  is  provided  in  the  Code  itself  that  it  shall  not  take  effect  until  the  1st 
of  October,  1861,  thus  giving  time  for  its  publication. 


PREFACE. 


IX 


It  is  further  provided,  and  your  committee  think  wisely,  to  meet  any  insuf- 
ficiency of  the  Code,  that  all  questions  not  embraced  or  "provided  for  therein, 
shall  be  decided  and  settled  by  existing  laws,  and  that  the  Code  does  not 
interfere  with  or  in  any  manner  abrogate  or  repeal  local  legislation. 

If  in  the  views  thus  presented  by  your  Committee,  they  "shall  have  tl)e  con- 
currence of  the  Legislature,  they  present  as  part  of  this   Report,  a  Bill  t(^ 
adopt  the  Code,  and  a  Bill  to  ])rovid(3  for  its  publication. 
All  of  which  is  respectfully  submitted. 

MINES  HOLT, 
DANL.  S.  PRIXTUP, 
W.  W.  PAINE, 

Committee  on  part  of  Senate. 
GEO.  X.  LESTER, 
ISIIAM  S.  FAXXIX, 
Vr.  G.  DELOXY, 
M.  W.  LEWIS, 
C.  N.  BROYLES, 
C.  J.  WILLIAMS, 

Committee  on  part  of  House. 


THE  ACT  ADOPTIXG  THE  CODE. 

An  Act  to  approve,  adopt  and  make  of  force,  in  the  State  of  Georgia,  a  Re- 
vised Code  of  Laws,  prepared  under  the  direction,  and  by  authority  of  the 
General  Assembly  thereof;  and  for  other  purposes  therewith  connected. 
Section  1.   The  General  Assembly  of  the  State  of  Georr/ia  do  enact,  That 
the  Revised  Code  of  Laws  prepared  under  its  authority,  by  Richard  H.  Clark, 
Thos.  R.  R.  Cobb,  and  David  Irwin,  Esqr's.,  and  revised  and  fully  examined 
by  its  committee,  and  recommended  and  reported  for  adoption,  (the  manu- 
script whereof  now  being  on  file  in  the  Executive  Department,)' be,  and' the 
same  is  hereby  adopted,  as  the  Code  of  Georgia  ;  to  be  of  force  and  take  ef- 
fect, on  the  first  of  January,  1862.. 

Provided,  That  the  adoption  of  the  Code,  shall  not  operate  so  as  to  ]-ei)eal 
an  act,  entitled  an  act  to  define  the  liability  of  the  husband  for  the  debts  of 
the  wife,  and  to  define  the  liability  of  the  i)roperty  received  tln-ouo-h  the  Mife 
for  the  debts  of  the  husband,  existing  at  the  time  of  the  marriage,  api)roved 
2Sth  February,  1856  ;  or  to  punish  any  Judge,  Justice,  ©r  Minis^ter,  for  join- 
mg  m  marriage  any  female  under  the  age  of  twenty-one,  without  the  consent 
of  her  father  or  guardian.* 

Section  2.  And  he  it  further  enacted.  That  all  laws  and  resolutions  of  a  i)ub- 


PEEFACE. 


lie  and  general  character,  passed  at  this  present  Session  of  the  General  As- 
sembly, be  incorporated  in  and  made  part  of  said  Code  ;  and  that  the  duties 
and  powers  of  the  Codifiers,  be  continued  to  that  end,  with  authority  to  place 
the  same  in  proper  and  appropriate  form  and  connection,  and  to  correct  any 
conflicts  Avhich  may  be  created  thereby,  with  its  existing  provisions.  And 
that  the  performance  of  tlie  further  duties  by  said  Codifiers,  as  required  in 
this  section,  be  submitted  to  the  revisal,  examination  and  approval  of  His  Ex- 
cellency, the  Governor,  before  the  publication  of  said  Code. 

Section  3.  Be  it  further  enacted^  That  the  laws  of  the  State  of  Georgia, 
having  reference  to  the  city  of  Savannah,  &c.,  as  codified  by  order  of  the 
City  Council  of  Savannah,  by  the  city  Attorney  of  Savannah,  be,  and  the 
same  is  hereby  declared  and  made  a  part  of  the  Code  of  Georgia,  and  the 
laws  thereof,  the  manuscript  copy  whereof,  is  now  on  file  in  the  Executive 
Office. 

Assented  to  Dec.  19th,  1860. 

*The  Code,  as  published,  contains  the  provisions  of  the  Act  of  Feb.  28th,  1856, — Sec.  1701 
— and  the  clause  for  the  punishment  of  Judges,  and  others,  for  joining  in  marriage,  females  un- 
der 21  years,  without  the  consent  of  their  parents,  is  omitted.  By  the  act  of  1861,  the  ope- 
ration of  the  Code  is  suspended  until  the  1st  JamiarTi-,  1863. 


y*^\<H'tr.i'iiA 


TABLE  OF  CONTENTS. 


GENERAL  PRELIMINARY  PROVISIONS. 

PART  FIRST. — The  Political  and  Public  ORGAinzATioN  of  the  State. 

PART  SECOND.— The  CrviL  Code. 

PART  THIRD.— The  Code  of  Practice. 

PART  FOITRTn.— The  Penal  Laws. 


PART  FIRST. 

TUE  POLITICAL  AND  PUBLIC  ORGANIZATION  OF  THE  STATE. 

TITLE  I. 

DIVISIONS  AND  JURISDICTIONS. 


Chapter  1. — Of  the  Boundary,  Sovereignty 

and  Jurisdiction 5 

Article  1.  The  boundary  of  the  State.  5 
Article  2.  The  sovereignty  and  juris- 
diction of  the  State 7 

Article  3.  Coast  Survey 7 


Chapter  2.— The  Political  and  Judicial  Di- 
visions of  the  State g 

Article  1.    Counties 9 

Article  2.  Congressional  Districts 12 

Article  3.  Judicial  Districts  and  Cir- 
cuits    14 


TITLE  II. 

CITIZENSHIP. 

Chapter  1. — Who  are  Citizens 14  |  Chapter  2. — Expatriation.. 

TITLE  III. 

THE  EXECUTIVE  DEPARTMENT. 


16 


Chapter  1. — The  Governor,  his  Powers  and 

Duties 16 

Chapter  2. — The  Executive  Office,  and  res- 
idence of  Governor 21 

Chapter  3.— State  House  Officers 21 

Article  1 .  Secretary  of  State 21 

Article  2.    Treasurer 23 

Article  3.  Comptroller  General 26 

Article  4    Surveyor  General 30 

Chapter  4. — Of  other  officers  of  the  Exec- 
utive Department 31 

Article  1.  State  Librarian 31 


Article  2.  Governor's  Messenger,  and 

State  House  Guard 32 

Chapter  5.— General  Regulations  as  to  Offi- 
ces and  Officers 33 

Article  1.  Of  Eligibility,  Qualification, 
Commissions,  &c 33 

Article  2.  Official  Oaths 36 

Article  3.  Official  bonds,  and  discharge 
of  sureties 38 

Article  4.  Delivery  of  books  to  suc- 
cessors       42 


xu 


CONTENTS. 


TITLE  IV. 

LEGISLATIVE  DEPARTMENT. 

Chapter  1. — Of  the  General  Assembly. 


.  .     43  I  Chapter  2. — Subordinate   OfBcera   of  the 

I      General  Assembly 46 

TITLE  T. 


JUDICIAL  DEPARTMENT. 


Chapter  1. — General  Provisions  as  to  the 

Judicial  Power 48 

Chapter  2. — The  Supreme  Court  and  its 

OfBcers 49 

Article  1 .  The  Supreme  Court  and  its 

Judges 49 

Article  2.  The  Clerk 51 

Article  3.  The  Reporter 53 

Article  4.  The  Sheriff. 54 

Chapter  3. — The  Superior  Courts  and  Offi- 
cers   54 

Article  1.  The  Judges .■ .  54 

Article  2.  The  Clerks 58 

Article  3.  The  Receiver 63 

Chapter  4. — The  Inferior  Courts  and  Offi- 
cers   6* 

Article  1.  The  Court  and  its  Justices.  64 


Article  2.  The  Clerk 67 

Chapter  5.— Tlie  Ordinary 69 

Article  1.  The  Ordinary  and  his  Court  69 

Article  2.  As  Clerk ; 12 

Article  3.  As  School  Commissioner.  .  74 
Chapter  6. — Sheriffs  and  their  Deputies . . .  75 
Chapter  7. — Statos's  Attorneys  and  Attor- 
neys at  Law 79 

Article  1.  Attorney  General 79 

Article  2.  Solicitor  General 80 

Article  3.  Attorneys  at  Law 84 

Chapter   8. — Justices   of  the   Peace   and 

Constables 91 

Article  1.  Justices  of  the  Peace  and 

their  Courts 92 

Article  2.  Constables 97 

Chapter  9. — Corporate  Courts 99 


TITLE  YI. 

COUNTY  ORGANIZATION. 


Chapter  1.— Militia  Districts 100 

Chapter  2.  —  Incorporation   of    Counties, 

Contracts,  and  Property 101 

Cliapter  3. — County  Revenue 104 

Article  1.  From  Taxation 104 

Article  2.  From  other  sources 107 

Chapter  4. — Certain  County  Officers 110 

Article  1.  Treasurer 110 

Article  2.  Surveyor 115 

Article  3.  Coroner 117 


Chapter  5. — Public  Roads,    Bridges,    and 

Ferries 120 

Article  1.  Public   Roads 120 

Article  2.    Road   Commissioners   and 

their  duties 12S 

Article  3.  Bridges  and  Ferries 131 

Article  4.  Railroad  Crossings 136 

Article  5.  Private  Ways 138 

Chapter  6.— The  County  Poor 141 


TITLE  YII. 


PUBLIC  REVENUE. 


Chapter  1.— Taxation  by  the  State 144 

Article  1.  Persons   and  property   ex- 
empt     144 

Article  2.  Persons  and  property  taxed  145 
Article  3.  Taxes  on  banks,  railroads, 

&c 147 

Article  4.  Taxes,   how   returned   and 

collected 149 

Article  5.  Delinquent  tax-payers,  and 
proceedings  against  them 156 


Article  6.  Delinquent   Collectors  and 

Receivers 159 

Article  7.  Tax  Receivers 161 

Article  8.  Tax  CoUectors 163 

Article  9.  Compensation  of  Collectors 

and  Receivers 165 

Article  10.  Miscellaneous  provisions.   166 
Chapter  2. — Revenue  from  other  sources .  .   166 


TITLE  YIIL 

THE  PUBLIC  DEBT. 


Chapter  1.  The  Public  Debt. 


169 


CONTENTS 


xm 


TITLE  IX. 


PUBLIC   PROPERTY. 


Chapter  1.— Public  buildings 172 

Chapter  2.— The  lands  of  the  State 172 

Chapter  3. — The  Western  and  Atlantic  R. 

R.,  and  its  government 173 


Chapter  4. — Stocks  and  other  funds . 
Chapter  6. — Other  public  property. . 


182 

182 


TITLE  X. 

PUBLIC  PRINTING. 

Chapter  1.— The  Public  Printer,   his  duty  ,  Chapter  3.— The  Compiler 186 

and  compensation 183  |  Chapter  4. — Distributien  of  laws  and  oth- 

Chapter  2. — Other  printing 186  |      er  documents 181 

TITLE  XL 

PUBLIC   DEFENCE. 


Chapter  1. — Persons  subject  to  duty,  ex- 
emptions, &c 189 

Chapter  2. — Military  organization 192 

Article    1.    Military   force,   and   how 

composed 193 

Article  2.  The  Volunteers 193 

Article  3.  Cavalry  Corps 198 

Article  4.  The  Militia 199 


Article  5.  Elections 201 

Chapter  3. — Organization  of  the  Staff  of  the 

Militia 202 

Chapter  4.— Courts  Martial 205 

Chapter  5  —Preservation  of  order  at  parade  207 
Chapter  6. — Provisions  of  local  application  208 
Chapter  7. — Miscellaneous  provisions. . . .  210 
Chapter  8. — The  public  arms  and  arsenals  214 


TITLE  XII. 


EDUCATION. 


Chapter  1. — University  of  Georgia 215 

Chapter  2. — Georgia  Mihtary  Institute. . .  219 

Chapter  3. — Academy  for  the  Blind 223 

Chapter  4. — Academy  for  Deaf  and  Dumb.  225 

Chapter  5. — County  Academies 226 

Chapter  6. — Common  Schools,  and  educa- 
tion of  the  poor 227 


Chapter  6. — 
Article  1 
Article  2 
Article  3 


Education  Fund 22T 

How  paid  out 229 

Educational  Fund  of   the 

Counties 229 

Article  4.  How  managed 230 

Article  5.  Beneficiaries  of  the  Fund. .   233 


TITLE  XIIL 


ELECTIONS  BY 

Chapter  1. — Qualification  of  voters 235 

Chapter  2. — Elections  of  members  of  the 

General  Assembly, 236 

Chapter  3. — Elections  for  Governor,  Mem- 
bers of  Congress,  Electors  of  President, 

Vice  President,  Judges  and  Solicitors. .  240 

Article  1.  Provisions  applicable  to  all.  240 

Article  2.  For  Governor 240 

Article  3.  For  Members  of  Congress.  241 


THE  PEOPLE. 

Article  4.  Electors  for  President  and 

Vice  President 242 

Article  5.  Judges   of  Superior   Court 

and  Solicitors  General 243 

Chapter  4. — For   Justices  of  the   Inferior 

Court,  Ordinary  and  County  Officers. . .   244 
Chapter  5. — Justices    of   the   Peace    and 

Constables 245 

Chapter  6. — Contested   Elections 246 


TITLE  Xiy 


ELECTIONS  BY  THE  GENERAL  ASSEMBLY. 

Chapter  1. — For  Confederate  States  Sena-  I  Chapter  2. — Other  Oflicers 

tors 248 


24& 


XIT 


CONTENTS. 


TITLE  XV. 

POLICE  AND  SANITARY  REGULATIONS. 


Chapter  1. — Lunatic  Asylum 249 

Article  1.  The  Trustees 249 

Article  2.  Superintendent 250 

Article  3.  Admission  and   disposition 

of  patients 251 

Chapter  2. — Health,    Hospitals,    Infection 

and  Quarantine 254 

Chapter  3. — Free  negro  seamen  and  immi- 
grants     258 

Chapter  4. — Physicians  and  Druggists 260 

Chapter  5. — Goyernment    of    slaves    and 
free  negroes 263 


Chapter  5. — 

Article  1.  Patrol  laws 263 

Article  2.  Other  Police  regulations. . .  266 

Chapter  6. — Tavern  and  Retail  License. . .  267 

Chapter  7.— Bstrays •  • 269 

Chapter  8. — Marks  and  brands 271 

Chapter  9. — Enclosures  aud  fences 271 

Chapter  10. — Firing  the  woods 272 

Chapter  11.— Mills  and  Millers 273 

Chapter  12.— Gunpowder 273 


TITLE  XYL 

REGULATIONS  OF  AGRICULTURE,  TRADE,  AND  COMMERCE. 


Chapter  1. — Banks  and  Banking 274 

Article  1.  Bank  retxirns 274 

Article  2.  Obligations  and  Penalties. .  276 
Article  3.  Forfeiture  of  Charters,  and 

Hability  of  Stockholders 278 

Chapter  2.— Notaries  Public 280 

Chapter  4. — Ships  and  seamen 282 

Article  1.  Pilotage 282 

Articla  2.  Seamen 291 

Chapter  5. — Inspection 295 

Article  1.  Flour  and  grain 295 


Article  2.  Wood,  Tobacco,  &c 297 

Article  3.  Liquors 300 

Chapter  6. — Weights  and  Measures 302 

Chapter  7. — Regulations     for     particular 

branches  of  trade  and  agriculture 303 

Article  1.  Cotton,  Rice,  &c 303 

Article  2.  Cultivation  of  Rice 305 

Article  3.  Oysters  and  Turtle 307 

Article  4.  Fishing 308 

Article  5.  Boats  and  Crews 309 

Article  6.  Peddlers 3]  0 


TITLE  XYIL 

SALARIES  AND  FEES   OF  OFFICERS. 


Chapter  1. — Executive  Department  and 
Officers  thereof 312 

Chapter  2. — Other  officers  appointed  by 
the   Governor 312 


Chapter  3. — Officers  not  appointed  by  the 

Governor  but  paid  by  the  State 313 

Chapter  4. — The  Legislative  Department. .  313 

Chapter  5. — The  Judicial  Department. . .  .  314 


PART    SECOND, 

CIVIL     CODE. 

TITLE  I. 

OF  PERSONS. 


Chapter  1. — Of  the  diflerent  kinds  of  Per- 
sons ;  their  Status  and  Rights 316 

Article  1.  Of  Citizens 316 

Article  2.  Of  Aliens  and  Residents. .   317 


Article  3.  Of  Slaves,  and   Free   Per- 
sons of  Color 319 

Article  4.  Of  Coi-porations 323 

Chapter  2. — Of  Domicil,  and  the  manner 
of  changing  the  same 328 


CONTENTS. 


XV 


TITLE  II. 


OF  THE  DOMESTIC  RELATIONS. 


Chapter  1.— Of  Husband  and  Wife 330 

Article  1.  Of  Marriage  and  Divorce.  .    330 
Sec.  1.  Marriages — how     and     by 

whom  contracted 330 

Sec.  2.  Divorces,  and  how  obtained  333 

Sec.  3.  Of  Alimony 336 

Article  2.  Of  the  Rights  and  Liabili- 
ties of  Husband    and    Wife,     and 

herein  of  Dower 338 

Article  3.  Of  Marriage  Contracts  and 

Settlements 342 

Chapter  2.— Of  Parent  and  Child 344 

Article  1.  Legitimate    Children,    and 

heroin  of  Adoption 344 

Article  2.  Illegitimate  children,  or  bas- 
tards     347 

Chiapter  3. — Of  Otiardian  and  Ward 343 

Article  1.  Guardians  and  Minors.  ..  .   343 
Soc.  1.  How  and  by  whom  appoin- 
ted     355 


Sec.  2.  Their  Powers,   Dutiea   and 

Liabilities 355 

Sec.  3.  Settlements,       Resignation, 
and  Letters  of  Dismission 35G 

Article  2.  Guardians  of  Lunatics  and 
Idiots 358 

Article  3.  Guardians  of  Free  Persons 
of  Color 362 

Article  4.  Foreign  Guardians 364 

Chapter  4.  Of  Master  and  Servant 365 

Article  1.  Indented  Servants  and  Ap- 
prentices     365 

Article  2.  Laborers  in  Factories. . .  .   366 
Chapter  5.— Of  Master  and  Slave 367 

.Article  1.  Of  the  relative  Duties  of 
Master  and  Slave 367 

Article  2.  Of  the  Rights  and  Liabili- 
ties of  Master  as  to  third  persons.  .   369 

Article  3.  Of  Maiumission 372 

Article  4.  Of    Fugitive   or   Runaway 
Slaves 372 


TITLE  IIL 

OF  RELATIONS  ARISING  FROM  OTHER  CONTRACTS. 


Chapter  1.— Of  Partnership 375 

Article  1.  General  Principles 375 

Article  2.   Rights    and    Liabilities    of 

Partners  among  themselves 377 

Article  3.  Rights  and  Liabilities  as  to 

third  Persons 378 

Article  4.  Limited  Partnerships 379 

Chapter  2.— Of  Debtor  and  Creditor 385 

Article  1.  General  Principles 385 

Article  2.  Acta  void  against  Creditors.  386 
Article  3.  Mortgages  and  other  Liens.  388 

Sec.  1.  Mortgages 388 

Sec.  2.  Other  Liens 390 

Article  4.  Insolvent  Debtors 394 

Sec.  1 .  How  discharged 394 

Sec.  2.  Prison  Bounds 397 

Sec.  3.  Property  exempt  from  sale .   398 

Article  5.  Interest  and  Usury 400 

Chapter  3.— Of  Bailments 401 

Article  1.  General  Principles 401 

Article  2.  Of  Carriers,  and  herein  of 

R.  R.  and  Steamboat  Go's 402 

Article  3.  Of  Hiring 405 


Article  4.  Of  Deposits 409 

Article  5.  Of  Loans 41 1 

Article  6.  Of    Mandates,    Pledges   or 

Pawns 412 

Chapter  4. — Of  Principal  and  Surety 414 

Article  1 .  Of  the  Contract 414 

Article  2.  Relative  Rights  of  Creditor 

and   Surety 415 

Article  3.  Rights   of  Surety    against 

Principal 416 

Article  4.  Rights   of  Sureties   among 

themselves 419 

Article  5.  Riglits   of   Sureties   as   to 

third  persons 419 

Chapter  5. — Of  Principal  and  Agent 420 

Article  1.  Relation  of   Principal  and 

Agent  among  themselves 420 

Article  2.  Rights    and    Liabilities   of 

Principal  as  to  third  persons 422 

Article  3.  Rights    and   Liabilities   of 

Agent  to  Third  Persons 423 

Article  4.  Of  Overseers 425 


TITLE  IV. 

OF  PROPERTY  AND  THE  TENURE  BY  WHICH  IT  IS  HELD. 

Chapter  1  .—Of    realty 426  [  Chapt.er  2.— Of  personalty 429 


XVI 


CONTENTS. 


TITLE  Y. 

OF  ESTATES  AND  THE  RIGHTS  ATTACHED  THERETO. 


Chapter  1.— 
simple. .  . 
Chapter  2.- 
Chapter  3.— 
reversion 
Chapter  4.— 
Chapter  5.— 


■Of  absolute  estates,  or  in  fee 

430 

•Of  estates  for  life 432 

Of  estates  in  remainder  and 

434 

•Of  estates  for  years 435 

■Of  landlord  and  tenant 436 


Chapters. — Of  estates  upon  condition....   438 

Chapter  7. — Of  tenancy  in  common 439^ 

Chapter  8.— Of  trust  estates 440 

Article  1.  Of  their  creation  and  nature  440 
Article  2.  Of  trustees,  appointments, 
powers,  &c 442 


TITLE  YI. 

OF  TITLE  AND  THE  MODE  OF  CONVEYANCE. 


Chapter  1. — Of  grants 445 

Article  1.  Grants  generally 445 

Article  2.  Of  head  rights 447 

Article  3.  Of  land  lotteries 450 

Article  4.  Of  processioning 450 

Chapter  2.  Of  title  by  will 453 

Article  1.  Of  the  nature  of  wills;    by 

whom  and  how  executed 453 

Article  2.  Of  probate  and  its  efl'ects. .  459 

Article  3.  Of  the  executor 460 

Article  4.  Of  devises  and  legacies.. . .   462 

Article  5.  Of  revocation 465 

Article  6.  Of  nuncupative  wills 466 

Chapter  3.  Of  title  by  descent  and  admin- 
istration   467 

Article  1.  Of  inheritable  property,  and 
the  relative  rights  of  lieir  and  ad- 
ministrator   407 

Article  2.  Of  administration 470 

Sec.  1.  Different  kinds  of  adminis- 
trators, and  rules  of  granting  let- 
ters   470 

Sec.  2.  Of  their  appointment,  bonds, 

and  removal 472 

Sec.  3.  Inventories,  appraisements 
and  returns 475 


Sec.  4.  Of  managing  the  estate,  and 

paying  debts 477 

Sec.  5.  Of  receiving  and  making  ti- 
tles on  bonds  for  titles 480 

Sec.  6.  Of  administrators'  sales.. .  .   481 
Sec.    7.    Of  distribution,    advance- 
ments, and  provision  for  family. .   484 
Sec.  8.  Of  commissions  and   extra 

compensation 48T 

Sec.  9.  Of   final  settlements  and  re- 
ceipts, and  herein  of  interest. . .  .  489 
Sec.  10.  Of  letters  of  dismission  and 

resignation 491 

Sec.  11.  Of  removing  proceedings  to 

another  county 492 

Sec.  12.  Of  foreign  administrators.   493 

Chapter  4. — Of  title  by  judicial  sale 494 

Chapter  5. — Of  title  by  contract 49S 

Article  1.  Of  private  sales 496 

Article  2.  Of  gifts 500 

Chapter  6. — Of  title  by  escheat  and  forfeit- 
ure      501 

Chapter  7. — Of  title  by  prescription 503 

Chapter  8. — Of  conveyance  of  title 505- 

Article  1.  Generally 505 

Article  2.  Of  covenants  and  warranty  506 
Article  3.  Of  registration 507 


TITLE  YII. 

OF    CONTRACTS. 


Chapter  1. — General  principles 509 

Chapter  2.— Of  the  parties 511 

Chapter  3. — Of  the  consideration 513 

Chapter  4. — Of  illegal  and  void  contracts. .  514 

Chapter  5. — Of  construction  of  contracts..  515 

Chapter  6. — Of  negotiable  contracts 516 

Article  1.    Of  negotiable   paper,   and 

how  transferred 516 

Article  2.    Of  endorser's  notice   and 

protest 518 

Article  3.  Of  the  rights  of  holders.  . .  519 

Article  4.  Of  damages 520 

Chapter  7. — Of  contracts  of  insurance.. . .  520 

Article  1.  Fire  insurance 520 

Article  2.  Life  insurance 523 

Article  3.  Marine  insurance 524 

Article  4.  Mutual  insurance 525 

Chapter  8. — Of  defences  to  contracts 526 


Article  1. 'Denial  of  the  contract 526. 

Article  2.  'Denial  of  its  obligation,  and 

herein  of  acts  of  opposite  party. . .  .  527 
Article  3.    Payments,    and   herein   of 

appropriation  of  payments 528 

Article  4.  Performance,  and  herein  of 

tender 529 

Article  5.  Accord  and  satisfaction...  530 
Article  6.  Arbitrament  and  award.  . .  531 
Article  7.  Pendency  of  another  act'on, 

and  former  recovery 532 

Article  8.  Set-off 533 

Article  9.  Limitation  of  actions 535 

Sec.  1.  Periods  of  limitation 535 

Sec.  2.  Exceptions  and  disabilities.    535 

Sec.  3.  New  promise 538 

Chapter  9.  Of  breach  of  contract  and  dam- 


age. 


538 


COXTEXTS. 


xvii 


TITLE  YIII. 


OF  TOUTS  OR  INJURIES  TO  PERSON  OH  TROPERTY. 


Chapter  1. — General  principles 540 

Chapter  2. — Of  injuries  to  tlie  person 543 

Article  1 .  Pliysical  injuries 543 

Article  2.  To  reputation 544 

Sec.  1.  Libel  and  slander ; .  .  544 

Sec.  2.  Malicious  prosecution 545 

Articles.  Other  mjuries  to  tlie  person  546 

Sec.  1.  False  imprisonment 546 

Sec.  2.  Malicious  arrest 547 

Sec.  3.  Nuisances  and  other  injuries 

toheaUh 547 

Sec.  4.   Indirect  mjuries  to    person  549 


Cliaptier  3. — Of  injuries  to  i)roperty 550 

Artide  1 .  To  real  estate 550 

Article  2.  To  personalty  generalh* .. .  551 

Article  3.  To  slaves ' 552 

Article  4.  By  railroad  companies. . .  .  553 

Cliapter  4. — Of  defences 554 

Article  1.  Justification 554 

Article  2.  Satisfaction,  and  herein  of 

tender 555 

Article  3.  Limitation  of  actions 556 

Article  4.  Otl>er  defences 556 

Cliapter  5. — Of  damages 557 


TITLE  IX. 


OF  EQUITY 


Chapter  1. — (General  principles 

Chapter  2. — Of  discover}- 

Chapter  3. — Of  perpetuation  of  testimony. 

Chapter  4. — Of  accident  and  mistake 

Chapter  5. — Of  account  and  set-ofl". 

Chapter  6. — Of  administration  of  assets. . 

Chapter  7. — Of  charities 

Chapter  8. — Of  election 

Chapter  9. —  Of  the  execution  of  powers.  . 
Chapter  10.— Of  fraud 


559 
561 
562 
563 
565 
567 
568 
569 
570 
571 


Chapter  11. — Of  partition 572 

Chapter  12. — Of  specific  performance 573 

Chapter  13. — Of  trusts  and  trustees 574 

Chapter  14. — Of  extraordinary  remedies. .  575 
Article  1.  Of  mandamus,  quo  warranto 

and  prohibition 575 

Article  2.  Of  injunctions 576 

Article  3.  Of  ne  exeat  and  quia  timet  577 
Article  4.  Of  bills  of  peace  and  inter- 
pleader  t 579 


PART  THIRD. 


THE    CODE    OF    PRACTICE, 


TITLE  I. 

OF  THE  JUDGES,  SESSIONS,  AND  ADJOURNMENTS  OF  COURTS. 


Chapter  1.— Of  the  Supreme  Court 580 

Chapter  2. — Of  the  Superior  and  Inferior 

Courts 581 

Article  1.  Number  and  times  of  ses- 
sions     582 


Article  2.  Of  the  adjournments  of  the 

Superior  and  Inferior  Courts 585 

Chapter  3. — Of  the  Judges  of  the  Superior 
Courts 586 


TITLE  II. 


OF  ACTIONS. 


Chapter  1. — General  Principles 588 

Chapter  2.— Of  Attachments 590 

Articlft  1.  Of  issuing  Attachments. . .   690 
Article  2.  In  what  manner,   on  what 
property  executed,  and  proceeding 

thereon 595 

Article  3.  Proceedings    on    Garnish- 
ment    597 

Article  4.  Pleadings  and  Defences. . .  600 


Article  5.  Replevy,  and  disposition  of 

property  attached 602 

Article  6.  Claims,     and    proceedings 

therein 604 

Article  7.  Lien  of  Attachments,  Gar- 
nishments, and  Executions 606 

Chapter  3.— Of  Petitions  and  Process 607 

Article  1.  General  Provisions 607 

Article  2.  Particular  Cases 609 


XTin 


CONTENTS. 


Chapter  3. — Article  2. — 

Set'.  1  Agaiust  joint,  and  joint  and 

several  Contractors 609 

Sec.  2.  In  ejectment 611 

Sec.  3.  Against  Corporations 612 

Sec.  4.  Again.st  Trustees 615 

Sec.  5.  Against  Executors,  Admin- 
istrators, and  Guardians 61 G 

Sec.  6.  Particular  Forms 618 

Chapter  4.— Of  the  Venue 621 


Chapter  5.  Of  Bail  in  Civil  Cases 622' 

Article  1.  T3ail  at  the  Commencement 

ot  the  Action 622 

Article  2.  Bain  pmdente  lite 626 

Article  3.  Proceedings  tgainst  Bail. .   62? 
Article  4.  Bail   in  action  for  Person- 
alty    6Z8 

Chapter  6. — Of  Making  parties 630' 

Chapter  7. — Of  Abatement,  Retraxit,  Dis- 
missal and  Renewal  of  Actions 632 


TITLE  III. 


OF  DEFENCES,  AND  PROCEEDINGS  PENDING  ACTION. 


Chapter  1.— Of  Defences— Pleas 634 

Article  1.  General    Provisions 634 

Article  2.  Particular  Pleas 636 

Sec.  1.  To  the  Jurisdiction 63G 

Sec.  2.  Of  set-off 637 

Sec.  3.  Of  Usury 638 

Sec.  4.  Of  failure  of  consideration.  638 

Sec.  5.  Of  Non  est  Factum 638 

Sec.  6.  Of  other  Pleas 639 

Chapter  2. — Of  amendments 640 

Article  1.  General  Principles 640 


Article  2.  Particular  Cases... .^ 641' 

Sec.  1.  Of  amending  Verdicts,  Judg- 
ments, and  Executions 641 

Sec.  2.  Of  amending    Official    Re- 
turns    642' 

Sec.  3.  Of  amending  Records . .    643. 

Sec.  4.  Of  other  Amendments 644 

Chapter  3. — Of  the  production  of  Papers.  644 

Chapter  4. — Of  Contmuances 648 

Chapter  5. — Of  Garnishments 650 


TITLE  IV. 

OF  THE  VERDICT  AND  JUDGMENT. 


Chapter  1. — Of  the   Verdict    and    Judg- 
ment     654 

Article  1.  Of  the  Verdict  and  its  re- 
ception     654 

Article  2.  Of  entering  Judgments...    655 
Article  3.  Effect  and  Lien   of  Judg- 
ments    656 


Article  4.  Of  attacking  Judgments..  668 

Article  5.  Transfer  of  Judgments ....  660 

Article  6.  Confession  of  Judgment..  .  660' 
Article  7.  Of     dormant     Judgments, 

and  revival  thereof. 66 1 


TITLE  V. 

OF    APPEALS. 


Chapter  1.— Of  Appeals 6G2 

Article  1.  In  what  cases  allowed. . . .   662 
Article  2.  "When,  by  whom,  and  how 
entered 663 


Article  3.  Effect  of  Appeal. .  .. . 
Article  4.  How  and  when  tried . 


665 
66C 


TITLE  VI. 


OF  EXECUTIONS. 


Chapter  1. — Of  different  kinds  of  Execu- 
tions    6GG 

Article  1.  When  and  how  issued,  and 

returned CGG 

Article  2.     C<t,.   sas.,     how    executed 

and   proceedings  thereon 6C)8 

Article  3.  Of    a  ./i.  fa.,    how   levied, 
and  proceedings  thereon 670 


Article  4.  Of  Sales  under    Execution, 

when  and  how  made 671 

Article  5.  Of  the  satisfaction  of  Exe- 
cutions     673 

Cliapter  2, — Of  the  stay  of  Executions.  . .   674 
Chajiter  3. — Of  the   Illegality    of    Execu- 
tions    674 

Chai^ter  4. — Of  forthcoming  Bonds 67 G 


CONTENTS. 


XIX 


TITLE  VII. 

OF  COSTS  IN  CIVIL  CASES. 

Chapter  1. — Co.sts  in  Civil  Ciwes r,77  I  Article  2.  How  CollecU^d (573 

Articio  1.  How  Taxed 677  |  Chapter  2. — Fees  of  Officers  of  Court, . .  .   679 

TITLE  YIII. 

NEW  TRIALS.  * 


Chapter  1.— Of  New  Trials .   690 

Article  1.  By   whom    and   for   what 
causes  allowed .   690 


Article  2.   When,     wliere    and     how 
tried 692 


TITLE  IX. 

OF  CLAIMS. 

'Chapter  1. — Of  claims  to  property  in  exe-  Article    2.  When,     where    and    how 

cution 693  tried 694 

Article  1.  How  and  by  whom  inter-  ,  Chapter  2. — Of  claims    at   other   judicial 

posed 69.T         sales 696 

TITLE   X. 

OF  EVIDENCE. 


Chapter  1. — (General  principles 697 

Chapter  2. — Of  the   rules  governin}?   the 

admission  of  Testimony 699 

Article  1.  Of  tlie  peneral  rules 600 

Article  2.  Of  hearsay  evidence 701 

Article  .'?.  Of  admissions  and  confes- 
sions    703 

Article  4.  Of  parol  evidence  to  affect 

written 705 

Chapter  3. — Of  discovery  from  the  parties  106 
Chapter  4. — Of  records  and  other  written 

evidence 707 

Article  1 .  Of  records  and  public  doc- 
uments    707 


Chapter  4. — 

Article  2.  Of  privat<'  writings       ....   710 

Chapter  5. — Of  oral  testimony 711 

Article  1.  Witnosses-their  attendance 

and  fees 711 

Article  2.  Of    the  competency  of  wit- 
nesses    713 

Article  3.  Of  the  examination  of  wit- 
nesses    715 

Chapter  6. — Of  interrogatories  and  deposi- 
tions    717 

Chapter  7. — Of  perpetuating  testimony...  .   720 


TITLE  XI. 

OF   JURIES. 

Chapter  1.— Of    Grand  Juries 721  ;  Article  1.  Of  the  qualiliciuions  of  Pe- 

Article  1.  Of   the     Qualification     of  ;  tit  Jurors 726 

Grand  Jurors 721  i           Article  2.  How  selected,  drawn,  sum- 
Article  2.  How  selected,   drawn,  and  moned,  and  sworn 726 

summoned 721     Chapter  4.— Of    Juries     in    the     Inferior 

Article  .'!.  Oath  of  the  Grand  Jury. .  .   72:i        Court 727 

Article  4.  Of  tlio  Power  and  Duty  of  i  Article  1.  Of  the  qualilications  of  Ju- 

a  Grand  Jury 724  I  rors  in  the  Inferior  Court 727 

Chapter  2.— Of  SpcciiU  Juries 725  I           Article  2.  How  selected,  drawn,  sum- 
Chapter  3. — Of  Petit  Juries 726  ;  moned,  and  sv.'orn.; 727 

Chapter  5. — Special  Provisions 728 


XX 


COKTENTS. 


TITLE  XII 

OF  PROCEEDINGS  AGAINST  OFFICERS  OF  COURT. 
Chapter  1. — Of  Proccedin.ss  against  Officers  of  Court 730 

TITLE  XIII. 

OF  PROCEEDINGS  TO  FOEECLOSE  MORTGAGES. 

Chapter  1.— Mortj-agts  on  Real  Estate—  j  Article  4.  Of  the   proceeds   of   Sale, 

how  foreclosed '7;U  [              how  appropriated 736 

Article  1.  Of   the  apphcation — when  i  Chapter  2. — Proceediugs    to    foreclose    a 

and  how  made 134  |      Mortgage  on  Personalty .•  •  •  •    '^"^'' 

Article  2.  Defences,  Pleas— when  and  j  Article  1.  Of     the     Application— by 

liow  made I''^                 whom  and  how  made 73G 

Article  3.  Of  the  Judgment.  Disposi-  Article  2.  Of    Defences— when     and 

tion  of  Property.  &c 7;i5  j              how  made 73S 

TITLE   XIV. 

OF  PROCEEDINGS  TO  ESTABLISH  LOST  PAPERS. 


Chapter  1. — Lost    papers — when,    where, 

and  how  estabhshcd 740 

Article  1.  How  established  in  the  Su- 
perior and  Inferior  Courts 740 


Chapter  1. — 

Article  2.  How  established  in  a  Justi- 
ces'Court 742 


TITLE  XY. 

OF  PROCEEDINGS  TO  OBTAIN  PARTITION. 


Chapter  1. — Partition    of  Land — how  ob- 
tained      743 

Article  1.  When,  where,  and  by  whom 

the  apphcation  must  be  made 143 

Article  2.  Notice  to  parties — how  giv- 
en, and  upon  whom  served 744 

Article  3.  Of  the   issuing,    execution, 
and  return  of  the  writ 744 


Article  4.  Defences — when  and  where 

made 745 

Article  5.  Of  the  Judgment 74G 

Article  6.  Of  the   remedy   of   parties 
absent  from  the  State,  under  disa- 
bihty,  or  not  served  with  notice. . .   747 
Chapter  2. — Partition  of  personal  property, 
how  obtained 743 


TITLE  XVI. 

OF  PROCEEDINGS  ON  APPLICATION  FOR  HABEAS  CORPUS. 
Chapter  1. — Proceedings  on  application  for  Habeas  Corpus 748 

TITLE  XVII. 

OF  POSSESSORY  WARRANTS,  AND  PEOCEEDINGS  THEREON. 


Chapter  L — Possessory  warrants,  and  pro- 
ceedings thereon 753 

Article   1.    By  whom   and  on  what 
grounds  the  warrant  may  issue.. . .   753 


Article  2.  How  executed  and  returned  754 
Article  3.  Of  the  trial,  judgment  and 
subsequent  proceedings 754 


CONTEXTS.  xxi 


TITLE  XVIII. 

OF  PROCEEDINGS  ON  TRIAL  OF  CITIZENSHIP. 

Chapter  1. — Proceedings  on  trial  of  citizenship 756 

TITLE  XIX. 

OF  PROCEEDINGS  ON  A  SUIT  FOR  FREEDOM. 

Chapter  1.  Proceedings  on  a  suit  for  free-  I  Article  1.  Preliminary  proceedings. . .   758 

dom 758  |  Article  2.  Proceedings  on  the  trial. . .  760 

TITLE  XX. 

OF  THE  WRIT  OF  CERTIORARI. 

Chapter  1. — Of  the  writ  of  certiorari.. . . .  7G1  '         Article  2.  How  obtained,  audproeeed- 

Article  1.  In  what  cases  the  writ  of         j  ings  thereon 762 

certiorari '^Qs 761  i  Article  3.    Of  the   answer,   hearing, 

judgment  and  costs. 763 

TITLE  XXL 

PROCEEDINGS  AGAINST  TRESPASSERS   ON    LANDS,    AND    TENANTS    HOLDING 

OVER. 

C!hapter  1. — Proceedings  against  trespas-  Article  2.  Proceedings  against  tenants 

sers  on  lands,  and  tenants  holding  over.  767  holding  over 768 

Article  1.  Proceedings  against  intru-  Chapter  2. — Forcible  entry  and  detainer. .  769 

ders 767  I 

TITLE  XXII. 

PROCEEDINGS  FOR  THE  ABATEMENT  OF  NUISANCES. 

Chapter  1. — Proceedings  for  the  abatement  of  nuisances 771 

TITLE  XXIII. 

OF  INQUESTS,  AND  PROCEEDINGS  THEREON. 

Ohapter  1. — Of  inquests,  and  proceedings  thereon 772 

TITLE  XXIV. 

OF  PROCEEDINGS  IN  COURTS  OF  ORDINARY. 


•Chapter  1. — Proceedings  in  Courts  of  Ordi- 
nary    775 

Article  1.  Sessions  and  adjournments.  775 


Article  2.  Practice  in  Courts  of  Ordi- 
nary     776 


TITLE  XXV. 

OF  PROCEEDINGS  OF  THE  INFERIOR  COURT,  SITTING  FOR  COUNTY  PURPOSES. 

'Chapter  1. — Proceedings  of  the  Inferior          I          Article  1.  Sessions  and  adjournments.  777 
Court,  sitting  for  county  purposes 777  |  Article  2.  Proceedings  therein 773 


•xxii 


CONTENTS. 


TITLE  XXVI. 

OF  THE  PROCEEDINGS  IN  JUSTICES'  COURTS. 


■■Chapter  1 . — Of  tlie  proceedings  in  Justices' 

Courts 780 

Article  1.  When  and  where  hold 780 

Article   2.    Jurisdiction  of   Justices' 

Courts 781 

Article  3.  Commencement  of  suits,  ser- 
vice and  return  of  summons 782 

Article  4.  Pleas  and  defences 783 

Article  5.  Evidence,  witnesses,   mtcr- 
rojratories 784 


Article  6.  Trial  and  judgment 785 

Article  7.  Appeals 786 

Article  8.  Claims  and  trial  thereof. .  .  787 
Article  9.  Final  judgment  and  execu- 
tion   788 

Article  10.  Defaulting  constables,  ju- 
rors,   Witnesses,    and    contempts — 

how  puni.shed 789 

Article  11.  T-evy  and  sale  under  Ji.fa.  790 


TITLE  XXVII. 

EQUITY  PLEADING  AND  PRACTICE. 

<Jhapter  1. — Of  the  bill  and  subpoena,   and  j  Chapter  4. — Of  the  trial  and  its  incidents.   797 

service  thereof 792  |  Chapter  5. — Of  the  final  decree  and  its  en- 
Chapter  2." — Of  demurrers,  pleas,  and  an-  ]      forcement 798 

swers 795  j  Chapter  6. — Of  other  proceedings  in  clian- 

■Chapter  '.',. — Of  interlocutory  decrees,   re-  eery 799 

ceivers,  masters,  &c 796 

TITLE  XXVIIL 

OF  ARBITRATION  AND  AWARD. 


>  Chapter  1. — Special  provisions 800 

Article  1.  Of  the  submission 800 

Article  2.    Of  the   organization   and 

hearing 801 

Article  3.    Of  continuances   and   ad- 
journments     802 

Article  4.  Of  the   evidence  and  wit- 
nesses     803 


Article  5.  Of  the  powers  of  arbitrators  803 
Article  6.  Of  the  rendition  and  eflect 

of  the  award 804 

Article  7.  How  attacked 804 

Article  8.  Of  costs  and  compensation 

of  the  arbitrators 805 

Chapter  2. — General  principles 805 


TITLE  XXIX. 

PRACTICE  IN  COXNECnON  WITH  THE  SUPREME  COURT. 


Chapter  1. — Of  bills  of  exception  and  writ 
of  error 806 


Chapter  2. — Of  proceedings  in  the  Supremo 
Court 810 


CONTENTS. 


XXUl 


PART  FOURTH. 


PENAL  LAWS. 


TITLE  I. 


PENAL  CODE. 


Div.  1.— PcTBons    capable   of  committing 


crimes 
Div.  2.— 
Div.  3.— 

pie 
Div.  4.— I 
Div.  5.— 
Div.  6 
Div.  7 
Div.  8.— 
Div.  9.— 

quility 
Div.  10.- 

police 
Div.  11.- 
DJv.  12.- 


Principk'S  and  accessories 

Crimes  against  the  State  and  peo- 

Crimcs  against  the  person 

("rimes  against  the  habitation. . . 

Crimea  relative  to  property 

Forging  and  counterfeiting 

Crimes  against  public  justice. .  . . 
Against  public  peace   and   trau- 

-Against  public  morality,  health, 

uid  decency 

-Cheats  and  swindlers 

-Fraudulent  or  malicious  mischief 


Div.  13. — OfTcnces  relative  to  slaves 875 

813    Div.  14. — Indictment  and  proceedings   to 

816  execution 883 

Div.  15. — Contempts  of  court  and  attempts 

817  to  commit  crimes 899 

819'  Div.  16. — Proceedings  in  preliminarv  c'rts  900 
828  Article  1.  Proceeding  prior  to  arrest.   900 

830  Article  2.  Of    arrest   and  its  conse- 

842  quences 902 

847             Article  3.  Of  courts  of  fnquiry,   com- 
mitment and  bail 903 

806            Article  4.  Of  warrants  for  good  beha- 
vior, and  to  keep  the  peace 906 

858  Article  5.  Of  search  warrants 907 

868            Article  6.  Of  proceedings  in  cases  of 
871  I  bastardy 908 


TITLE   II. 

PENITKNTIAllY  LAWS. 
Chapter  1. — Penitentiary  laws 

TITLE  III. 

PENAL  CODE  FOR  SLAVES  AND  FREE  PERSONS  OF  COLOR. 


910 


Article  1.  General  principles 916 

Article  2.  Capital  ofiFences 918 

Article  3.  Offences  not  capital 919 


Article  4.  Trial  for  offences 921 

Article  5.  Bail — when  allowed 923 


APPENDIX. 

Laws  having  reference  to  the  city  of  Savannah, 924 

Ordinance  of  Secession, 959 

Constitution  of  Georgia, 960 

Constitution  of  the  Confederate  States, 975 

Miscellaneous  Provisions, 993 


THE  CODE  OF  GEORGIA. 


PART  1  HiiST— THE  POLITICAL  A.N  I)  PUBLIC  ORGAN- 

IZATIOX  OF  THE  STATE. 
PART  SECOND— THE  CIVIL  CODE. 
PART  THIRD— THE  CODE  OF  PRACTICE. 
PART  FOFRTII— THE  PENAL  LAWS. 


PRELIMINARY    PROVISIONS. 

Skcxiox.  ,  Section. 

1.  Obligation  (;f  Laws.  I     9.  Lc.c  Loci. 

2.  Code — whon  ami  liow  to  take  eftect.  |   10.  Comity  of  States. 

3.  Acts — when  to  take  effect.  |   11.  Waiver  of  Law. 

4.  TVlien  "from  and  after  pas.^age."         i   12.  Kepeal  of  Repealing  Act. 
0.  Rules  fur  construction  of  Statutes.       ,   13.  Local  Laws. 

G.  Meaning  of  Specific  Terms.  I    14.  Bonds  of  Public  Officers. 

7.  Future  operation  of  Laws.  15.  Bonds  taken  by  Public  Officers. 

5.  Ignorance  of  Law.  |   16.  Inspection  of  Office  Books. 

§1.  The  laws  of  this  State  shall  be  thus  graduated  in  reference g^^/ation or 
to  their  obligation : 

First.  The  Constitution  of  the  Confederate  States. 

Second.  Treaties   entered   into   by  the    Federal   (xovernment 
within  the  scope  of  their  power. 

Third.  Laws  of  the  Confederate  States  made  in  pursuance  of 
the  Constitution. 

Fourth.  The  Constitution  of  this  State. 

Fifth.  The  Statutes  of  this  State. 

Sixth.  Such  portions  of  the  Common,   Civil,  Canon  and  Stat- 
ute Laws  of  England,  as  were  usually  in  force  in  the  Province  of 
Georgia  prior  to  Uth  ]\rav,  A.  D.   1776,  which  were  applicable 
1 


PRELIMINARY  PROVISIONS. 


to  tlic  condition  and  lialnts  of  the  people  so  far  as  tlie  same  are 
consonant  a\  itli  our  form  of  (Government,  and  are  not  repealed, 
modified  or  superseded  bv  the  ])rovisions  of  this  Code. 

Seventh.  Tlie  customs  of  any  business  or  trade  shall  be  binding 
oiilv  when  it  is  of  such  universal  practice,  as  to  justify  the  conclu- 
sion, that  it  l>ecanie,  bv  implication,  a  part  of  the  contract. 

and  Vm^'t",      >?  -^  This  ( 'ode  shall  take  eft'ect  on  the  lirst  day  of  January,  186i>. 

takocftecr.    ^|j    ,,^-^j,j(.p^   committed   prior   to  that  date,  shall  be  tried  and 

punished  under  existing  laws;  and  all  riglits,  or  obligations,  or 

duties  ac(piired  or  imposed  l)v  existing  laws,  shall  remain  valid 

aiul  binding,  notwithstanding  the  repeal  or  modification  of  such 

laws. 

•^^1'*— ^l^'■"      ^y.  All   acts  liereafter  i)assed  bv  the  General   Assembly,  un- 
to take  cftect.        •-'  .  .      "  .  . 

less  specifically  provided  otherwise  in  the  Acts,  shall  take  effect 
and  be  obligatory  only   from  the  first  <lay  of  July  next  succeed- 
ing the  date  of  their  passage. 
When  "from      ^4_   I^ubHc  LaM's   wliicli    ill    tlieiuselves  prescril)e  specifically 

andafterpas-         '  _  .,,,'' 

»'■'?<'•"  that  they  are  to  take  effect  ''  from  and  after  their  passage,  shall 
]iot  be  ol)ligatorv  on  the  citizen  until  })ublished  in  some  public 
gazette,  and  three  days  shall  be  allowed,  from  the  date  of  publica- 
tion, for  every  hundred  miles  distance  from  the  Capital,  before  a 
knowledge  of  the  law  shall  be  presumed  against  the  citizen. 

cl^nstruction      §  •5-  Tlic  followiug  rulcs  sliall  govern  the  constructi(.»n  of  all 

of  statutes,    g^^^^-j^^ji-v  euactmeuts  in  this  State  : 

Fii'sf.  The  ordinary  signification  shall  l)e  applied  to  all  words, 
except  words  of  Art,  or  connected  with  a  particular  trade  or  sub- 
ject matter,  Avhen  they  shall  have  the  signification  attached  to 
them  by  experts  in  such  trade,  or  with  refereiice  to  such  subject 
matter. 

Second.  The  present  or  past  tense  shall  include  the  future. 
Third.  The  masculine  gender  shall  iiiclude  the  feminine  and 
neuter. 

Fourth.  The  singular  or  plural  nund)er  shall  eacli  include  the 
(jtlier,  unless  expressly  excluded. 

Fifth.  A  joint  authority  given  to  any  number  of  persons,  or 
officers,  may  be  executed  by  a  majority  of  them,  unless  it  is  other- 
wise declared. 

Sixth.  A  substantial  compliance  with  any  requisition  of  the 
Code,  or  laws  amendatory  thereof,  especially  on  the  part  of  pub- 
lic officers,  sliall  be  deemed  and  held  sufficient,  and  no  proceed- 
ing shall  be  declared  void  for  want  of  such  compliance,  unless  ex- 
pressly so  provided  by  the  enactment. 


PRELIMINARY  PROYISKjNS. 


Seventh.  When  a  bond  is  required  bv  law,  an  undertaking  in 
writing,  without  seal,  is  snfhcient,  and  in  all  bonds  where  the 
names  of  the  obligors  do  not  appear  in  the  bond,  but  are  sub- 
scribed thereto,  they  are  bound  tlierebv. 

Eighth.  Y\nien  a  number  of  days  is  prescribed  fur  the  exercise 
of  any  privilege,  or  the  discharge  of  any  duty,  only  the  first  or 
last  day  shall  be  counted:  and  if  the  last  day  shall  fall  on  the 
Sabbath,  Miiother  day  shall  be  alloAved  in  the  computation. 

N'mth.  In  all  interjiretations,  the  Courts  shall  look  diligently 
f(»r  the  intention  of  the  General  AssendJy,  keeping  in  v-iew,  at  all 
times,  the  old  law,  the  evil  and  the  remedy.  Grammatical  errors 
shall  not  vitiate,  and  a  transposition  of  words  and  clauses  may  be 
resorted  to  Avlien  the  sentence  or  clause  i>  without  meaning  as  it 
.stands. 

§G.  The  following  meaning  sliall  l»e  given  to  each  of  the  fob .^^*?^°/ **^ 
lowing  words  in  all  Statutes,  unless  a  different  meaning  is  appa-    ™*' 
rent  from  the  context : 

''Property"  includes  real  and  i)ersonaI  i)roperty. 

"  Personal  Propertij"  includes  everything  excei)t  interests  ex- 
ceeding a  lease-hold  in  laiuls,  tenements  and  hereditaments. 
Stocks  in  incorporated  f.V.m])anies,  though  the  object  of  the  Com- 
pany is  necessarily  connected  Avith  tlie  land,  shall  be  held  as  per- 
sonal i:)rc>perty. 

''Persofi'  includes  a  corporation  ;  it  does  not  include  slaves  or 
-free  persons  of  color,  uidess  named. 

"  Writing'  includes  printing,  and  all  numerals. 

•'  Odth'-  includes  affirmation. 

'' Si(/nafurr,"'  or  '' ^i/Im-riptw,,;'  im-ludes  the  mark  c»f  an  illit- 
erate or  infirm  person. 

"  Lunatic;^  "  Imane-'  or ''  Xon-Compost-Mc7,tl%''  each  includes 
all  persons  of  unsound  minds. 

"  Negro''  includes  nudattoes  and  all  slaves. 

"  Free  Person  of  Color''  means  all  such  as,  by  admixture  of 
negro  blood,  are  excluded  from  being  citizens. 

''Justice,"  when  applied  to  magistrates,  means  Justice  of  the 
Peace. 

" Preoed'inf  and  "  Aforenaid"  mean  generally  next  before, 
and  "followbuf  next  after,  unless  the  context  requires  a  different 
.signification, 

"  Month"  means  a  calendar  month. 

"  Year"  means  a  calendar  year. 

"  Seal"  shall  include  impressions  on  the  paper  itself,  as  well  as 


FKELIMINARY  PRO  VISIONS. 


Future  ope 
ration  of 
lava. 


Ignorance  of 
law. 


lieoi  loci. 


Comity  of 
States." 


■Waiver  of 
law. 


Repeal  of 
Repealing^ 
Act 


Local  lawt:. 


Bonds  of 
Public  Of- 
ficers. 


impressions  on  wax  or  wafers,  with  the  exception  of  Official  Seals. 
A  Scrawl^  or  aTiy  other  mark  intended  as  a  seal,  shall  be  held  as 
such. 

"^  Highway^--  or  "^  Jioad,'^  includes  bridges  upon  the  same. 
§  T.  Laws  pres(;ribe  only  for  the  future ;  they  cannot  impair 
the  ol^ligation  of  contracts,  nor  generally  liaye  a  retrospective 
operation.  J.,aws  looking  only  to  the  remedy  or  mode  of  trial, 
may  apply  to  contracts,  rights  and  oifences  entered  into,  ac- 
crued or  connnitted  prior  to  their  passage ;  but  in  eyery  case  a 
reasonable  time  suljsequent  to  the  passage  oi  the  Statute  should 
be  allowed  for  the  citizen  to  enfor(;e  his  contract,  or  protect  his 
right. 

,§8.  Laws,  after  j)romuJgation,  are  oljligatory  upon  all  in- 
liabitants  of  this  State,  and  ignorance  of  the  law  excuses  no  one. 
§9.  The  yalidity,  form  and  effects  of  all  ^vritings  or  con- 
tracts, are  determined  by  the  laws  of  the  place  where  exe(-uted. 
AVlien  such  writing  or  contract  is  intended  to  haye  effect  in  this 
State,  it  must  be  executed  in  conformity  to  the  laws  of  this  State, 
excepting  wills  of  personalty  of  persons  domiciled  in  another 
State  or  country, 

§10.  The  laws  of  other  States,  and  toreign  nations,  shall  have 
no  force  and  effect  of  themselyes  within  this  State,  farther  than 
is  provided  by  the  Constitution  of  the  Confederate  States,  and 
is  recognized  by  the  comity  of  States.  The  Courts  shall  enforce 
this  comity,  until  restrained  by  the  General  Assembly,  so  long 
as  its  enforcement  is  not  contrary  to  tlie  policy,  or  prejudicial 
to  the  interests  of  this  State. 

§11.  Laws  made  for  the  preservation  of  piil)lic  order,  or  good 
morals,  (tannot  be  done  away  witli  or  aljrogated  by  any  agree- 
ment ;  but  the  citizen  may  waive  or  renounce  what  the  law  has 
estabhshed  in  liis  favor,  when  he  does  not  thereby  injure  others, 
or  affe(;t  the  public  interest. 

§12.  The  repeal  of  a  Repealing  Act  shall  not  be  construed 
to  revive  the  former  Act,  unless  such  appears  manifestly  to  have 
been  the  intention  of  the  General  Assembly. 

§13.  If  there  is  a  law  in  force  at  the  time  of  the  adoption 
of  this  Code,  having  entirely  a  local  application,  such  local  law 
is  not  repealed  by  this  Code,  unless  so  expressly  declared. 

§14.  All  bonds  taken  from  Public  Officers,  shall  be  kept 
in  the  places  specified  by  law,  and  copies  thereof  shall  be  fur- 
nished to  any  person  desiring  them.     Suits  thereon  may  be  brought 


PRELIMIXAKY  rHOA^ISIONS. 


by  any  person  aggrieved  by  the  official  misconduct  of  the  officer, 
in  his  own  name,  in  any  Court  having  jurisdiction  thereof. 

S15.  All   bonds   taken   bv  Public    Officers,    under   the    laws  Bonds  take* 

'-'  >■  ^         ■  by  Publi« 

of  this  State,  shall  be  returned  to  the  offices  specified  by  law ;  officers. 
and  any  person  interested  therein,  may  bring  suit  thereon,  in  his 
own  name,  in  any  Court  having  jurisdiction  thereof. 

§10.  All  books  kept  by  any  Public  Officer,  under  the  laws  JJ!*(P^'=^'^^°*' 
of  this  State,  shall  be  suljjcct  to  the  inspection  of  all  the  citizens  ^°°''*- 
of  this  State,  within  office  hours  every  day,  except  Sundays  and 
holidavs. 


PART  1. 

THK  POLITICAL  AND  PUIUJC  ORGANIZATION  OF  THE  STATE. 


TITLE  I. 

DIVISIONS  AND  JURISDICTIONS. 


CIIAPTEPv  1. 

OF  THE  BOUNDARY,  SOVEREIGNTY  AND  JURISDICTION  OF  TUE  STATB. 


Article  1.  The  Boundary  of  the  State. 

Ajkticle  2.  The  Sovereignty  and  Jurisdiction  of  the  State. 

Article  3.  Coast  Survev. 


ARTICLE  I. 

THE  BOUNDARY  OF  THE  STATK 

Sbctiok.  'Section. 

17.  Boundary  of  the  Suite.  j  20.  Between  Georgia   and  Alabama. 

18.  Lino  between  Ga.  and  S.  Carolina.  j  21.  Between  Georgia  and  Florida. 

19.  Between  Ga..  N.  C.  and  Tennessee,  i 

§17.  The  boundaries   of  Georgia,  as  deduced  from  the  Con- Bonndane* 
stitution  of  Georgia,  tlie  Convention  of  Beaufort,  the  Articles  ofofGeorJi^ 
Cession  and  agreement  entered  into  on  the  24th  April,  1802,  the 
resolution  of  the  General  Assembly  of  December  8th,  1826,  and 


PT.  1.— TIT.  1.— CHAP.  1.— BoL^DAiiY,  Sovereignty,  &c. 

Article  1. — The  Boundary  of  the  State. 


tlie  adjudications  and  comproinises  afFectiiio;  Alahania  and  Flor- 
ida, are  as  follows : 

From  the  sea,  or  tlie  niontli  ot'tlio  river  Savannali,  along'  the 
stream  thereof,  to  the  fork  or  confluence  nuxde  hy  the  rivers  Ke- 
owee  and  Tugalo,  and  thence  along  said  river  Tugalo,  until  the 
fork  or  confluence  made  by  said  Tugalo  and  the  river  Chattooga, 
and  uj)  and  along  the  same  to  the  ])oint  where  it  touches  the 
Northern  Ixmndary  line  of  South  (,'arolina,  and  the  Southern 
boundary  line  of  North  Carolina,  which  is  at  a  point  on  the  thir- 
ty-fifth parallel  of  Xorth  latitude,  reserving  all  the  Islands  in 
said  rivers  Savannah,  Tugalo  and  (/hattooga  to  (xeorgia;  thence 
on  said  line  of  said  thirty-fifth  })arallel,  from  said  point  of  inter- 
section, and  on  and  along  said  line  West,  to  a  point  where  it 
merges  into,  and  becomes  the  Xorthei'n  boundarv  line  of  Ala- 
bama,  it  being  the  point  fixed  l)y  the  survey  of  the  State  of  Geor- 
gia, and  known  as  Nickajack  ;  thence  in  a  direct  line  to  the  great 
bend  of  Chattahoochee  river,  called  Miller's  Bend,  it  being  the 
line  run,  and  marked  by  said  survey,  and  thence  along  and  down 
the  Western  bank  of  said  Chattahoochee,  along  the  line  or  limit 
■  of  hi<xh-w- ater  mark  to  its  lunction  with  Flint  river ;  thence  along 
a  certain  line  of  survey,  made  by  (lustavus  »!.  Orr,  a  Surveyor 
on  the  ])art  of  Georgia,  and  W.  AVhitner,  a  Surxcyor  on  the  part 
of  Florida,  beginning  at  a  fore-and-aft  tree,  alxuit  four  chains  be- 
low the  present  junction  ;  thence  along  this  line  East,  to  a  point 
designated  Thirty-Seven  Links  Z^orth  of  Ellicott's  Mound  on  the 
St.  Mary's  river;  thence  along  the  middle  of  said  river  to  the 
Atlantic  Ocean,  and  from  thence  to  the  mouth  or  inlet  of  said 
Savannah  river,  to  the  place  of  begijining,  including  all  the  lands, 
waters,  Islands  and  jurisdictional  rights  within  said  limits,  and  also 
all  the  Islands  within  twenty  marine  leagues  of  the  Sea  Coast. 
tweenGeor-  § L"^-  The  boundary  between  (reorgia  and  South  (Carolina, 
Bouth^Caro- shall  1)0  tlic  liuc  described  as  running  from  the  mouth  of  the  river 
^"'*'  Savaimah,  np  said  river,  and   the  rivers  Tugalo  and  Chattooga,, 

to  the  point  where  the  last  named  river  intersects  with  the  thir- 
ty-fifth parallel  of  North  latitude,  conforming,  as  much   as  possi- 
ble, to  the  line  agreed  on  by  the  Commissioners  of  said  States  at 
Beaufort  on  the  2Sth  April,  1787. 
tieen^Goor-      §1^-  ^hc    boundary    between    Georgia  and    North    Carolina, 
North'^car.)-  ^^1^^^  Gcorgia  and  Teimessee,  shall  l)e  the  line  described  as  the 
Iwe'erGcorlthirty-fiftii  parallel  of  North  latitude,  from  the  point  of  its  inter- 
B'e''sB?e^'^'"'  section  l)y  the  river  Chattooga,  West  to  the  place  called  Nickajack. 


t*T.  1. — TIT.  1. — CHAP.  1. — ]5()uxi)ARY,  tSovEiiKiGxri',  &c.        7 

Article  1. — The  Boundary  of  tlie  State.  ~ 


§20.  The  boundary  line  between  Georgia  and  Alabama,  shall 
be   the  line  described  from  Xickajack  to  "Miller's  liend"  on  !''"«■ '•^- 
(  liattalioochec,  and  doMii  said  river  to  its  junction  with  the  Flint.  -'*  ""'^  ^^°^- 

§21.  The    boundary    line  Ijetween  Georgia  and  Florida  shall 
be  the  line  described  from  the  junction  of  the  Flint  and  (liatta-i.ine  be- 
hoochee  rivers,  to  the  ])oint   Thirty-Seven  Links  Xorth  of  Elli-Sd'''"'' 
cott's  Mound,  on  the  St.  Mary's  river  ;  thence  down  said  river  to  ^''"■'''' 
the  Atlantic  Ocean. 


AUTK'LF  II. 

TiiK  s()\i:){ki(;ntv  and  .jurisuktiox  ok  tuh  state. 

Seotio.v.  Sectio.n. 

22.  Jurisdii-tion  as  to  places.  24.  Govornor  inusi  (L.-f.-iid  Suits— wlicn. 

2:5.  Jurisdiction  as  to  person.«. 

§22.  The   sovereignty    and  jurisdiction  of  this  State  extends ^"^f.^ipi.y 
to  all  ])ljices  Avithin  the  limi'ts  of  her  boundaries,  except  so  fsir  as'^'""*^"^'^"^ 
she  lius  voluntarily  ceded  the  same  to  the  Confederate  States,  or"'"'"' 
adja(rent  States,  over  particular  localities. 

P^').  The  jurisdi(^tion    of  this  State,  and   its  laws  extend  to'^«^'^''««-''ty 

.11  ,     .  1  •!  •.^  •       •       1.      .  ,       ,  and  jurisdif- 

ail  ])eis.)ns  while  within  its  limits,  whether  as  citizens    denizens ''"""s to 
or  temporary  sojourners. 

§24.  When  any  suit  is  instituted  against  the  State,  oi-  a-ainst '^''^'  ''"T" 
any   ])erson,    m    tlie   result   of  which  the  State  has  an   iiiteix'st,  thicifihe'" 
under  pretence  of  iiiiy  claim  inconsistent  with  its  sovereignty,  f,';^!^,!^,"'- 
jurisdicticm     or   rights,    the    Governor   shall,    in    his   discrSioiii    "' " 
provide  for  the  defence  of  such  suit,  unless  otherwise  specially 
provided  for. 


AirncLE  111. 

COAST  SUmiCY. 

Section.  Section. 

25.  Persons  employed  ill  Coasi  Survey.     ;   28.  How  costs   may  he  avoided. 

26.  Damages  to  land  owners— awarded.        29.  Amount  of  the  costs. 

27.  Award — ol)jectionstlioreto.  issue,  ete. 

§25.   Any   person    employed   under   the  Act   of  the  Congress  •''iviieges  to 
of  the  Confederate  States,  i»roviding  for  a  survey  of  the  (toasts,  ij'-^y"'^^^ 
may  enter  upon  lands  tmd  clear  or  cut   timber  within  this  State  *'°^*^"'" 


PT.  1.— TIT.  1.— CHAP.  1.— Boundary,  Sovereignty,  ifcc. 


Article  3. — Coast  Survey. 


upon  the  same,  for  any  purpose  legitimately  connected  with,  and 
requisite  to  effect  the  said  object :  Provided^  no  unnecessary  in- 
jm*y  be  done  thereby,  and  all  damages  to  the  owner  of  the  land  be 
promptly  paid. 
&^^ers      §2<'.  if  the  parties  representing  the  Government  of  the  Con- 
I^ded.^  ^'^'  federate  States,  and  the  owner  or  possessor  of  the  land  so  en- 
tered upon,  cannot  agree  upon  the  amount  to   be  paid  for  said 
damages,  either  party  may  complain  in  a  summary  manner  to 
the  nearest  Justice  of  the  Peace  of  the  county  within  which  the 
land  lies,  who  shall  associate  with  him  two  disinterested  free- 
holders of  the  county,  one  to  be  named  by  each  party  interested, 
who  sliall,  upon  hearing  the  parties,  and  with  or  without  view  of 
the  premises,  as  they  may  determine,  prijceed  to  assess  and  award 
the  damages,  if  any,  provided  the  party  complaining  sliall  give 
the  opposite  party  ten  days'  notice  in  writing  of  the  time  and 
place,  when  and  where  said  complaint  is  to  be  heard,  and  the 
name  of  the  freeholder  by  him  selected. 
Award— ob-       §27.  Thc   Said   asscssors,    without   unreasonable   delay,   shall 
"thereto,  and  file  their  award  in  the  office  of  the  Clerk  of  the  Inferior  Court  of 

trial  of  the 

ieene.  the  county,  which  shall  be  conclusive  upon  both  parties,  unless 

objections  are  filed  to  the  same  within  ten  days  after  the  filing 
of  the  award.  If  objections  are  filed,  the  other  party  shall  have 
written  notice ;  whereupon  an  issue  shall  be  made  and  tried  at 
the  first  tenn  thereafter  of  said  Cburt,  under  the  same  rules  as 
other  civil  cases. 

be  avoided        %'^^-  The   pcrson  SO  entering  upon  lands,  may   tender  such 

dlnwgc's^'^  °'  amount  as  he  chooses  for  the  damage  done,  and  if  the  damages 
finally  assessed  shall  not  exceed  the  sum  tendered,  the  party  com- 
plaining shall  pay  all  costs. 

^^ountof  1 29.  The  costs  before  the  Justice,  and  in  the  Inferior  Court, 
shall  be  thc  same  as  are  allowed  by  law  in  civil  cases  in  said 
Courts. 


CHAPTER  II. 

THE  POLITICAL  AND  JUDICIAL  DIVISIONS  OF  TIIK  STATE. 


Article  1.  Counties. 

Article  2.  Congressional  Districts. 

Article  3.  Judicial  Districts  and  Circuits 


PT.  1.— TIT.  1.— CHAP.  2.— Political  Dmsioxs  of  the  State. 
'Article  1. — Counties. 


APwTICLE  I. 


fOT'XTIKS. 


Section. 
:^0.  Names  and  limits  of  Countio.«. 
'^^.  Cases  belonging  to  new   Counties. 
32.  Unexecuted   processes  transferred. 
3.'J.  OflScers  out  off  into  new  counties. 
34.  Officers  of  adjacent  County  maj-  act. 
n.5.  Juries  for  new  counties. 
36.  Extra  tax  in  new  counties. 


SrcTiox. 

37.  "W'hfi  may  qualify  officer'-. 

3R.  Executors,  Ac,  cutoffinio  new  county. 

39.  When  counties  are  divided  by  a  stream. 
,  40.  Offences  committed  on  water  courses. 
.  41.  Offences  committed  on  boundary  line. 

42.  Counties  entitled  to  2  Representatives. 
'  43.  Representation  from  new  county,  when 


^30.  The  State  is  flivided  into  the  followintr  counties,  whose  .^•'"P^  *"*' 
boundaries  and   limits  shall  be  ascertained  by  the  several  Acts  •'<"*"*'^ 
laying  (»fVthe  same,  and  those  amendatory  theref>f,  viz  : 


.\ppling-. 

Dawsrm. 

Jasper. 

Habun. 

Bakei-. 

Ttecatur. 

Jefferson. 

Randolph, 

Haldwin. 

ncKalb. 

Johnson. 

Richmond, 

Banks, 

Dooly. 

Jones, 

8chley. 

Berrien, 

Dougherty, 

Laurens, 

Scriven. 

Bibb, 

Early. 

Lee. 

Spaulding. 

Brooks. 

Echols. 

Tiiberty. 

Stewart, 

Bryan. 

Effingham. 

Lincoln, 

Sumter, 

Bullock. 

Elbert, 

Lowndes. 

Talbot. 

Burke. 

Kmanuel. 

Lumpkin. 

Taliaferro, 

Butts. 

Kannin, 

Macon, 

Tattnal, 

Calhoun. 

Fayette, 

Madison. 

Taylor. 

Camden. 

Floyd, 

Marion, 

Terrell, 

Campbell. 

For,^yth, 

Mcintosh, 

Telfair, 

Carroll. 

Franklin. 

Meriwether, 

Thomas, 

Cass. 

Fulton, 

MiUer. 

Towns. 

Catoosa. 

•  lilmer. 

Milton, 

Troup, 

Charlton. 

Glasscock. 

Mitchell. 

T-5vngga, 

Chatham. 

Glynn, 

Monroe, 

L^'nion, 

Chattahoochee. 

Greene. 

Montgomery, 

Fpson, 

Chattooga, 

Gordon. 

Morgan, 

"Walker, 

Cherokee, 

Gwinnett, 

Murray, 

"Walton, 

Clarke, 

irnber.sham. 

Muscogee. 

Ware, 

Clay; 

Hall, 

Xewton, 

"Warren, 

Clayton. 

1  laucock. 

Oglethorpe. 

"Washington, 

CUncli. 

Haralson, 

Paulding, 

"Wayne, 

Cobb. 

Harris. 

Pickens, 

"Webster, 

Coffee. 

Hart. 

Pierce, 

White. 

Columbiii. 

Hoard. 

Pike, 

'\\'ilcox. 

Colquitt. 

Henry. 

Polk, 

"Wilkes. 

Coweta, 

Houston, 

Pulaski. 

"Wilkinson, 

Crawford. 

Irwin, 

Putnam, 

Whitfield. 

Pade. 

Jack.son. 

Quitman, 

Worth. 

10     FT.  1  .—TIT.  1.— C'll AP.  :>.— PoLiTRAL  Uivlsions  of  tjie  Statk. 


Article  1. — Counties. 


Transcript  of     vr;^^    AVlien    a   iiew   couutv  IS  orojaiiizecl,  the  iiinsdiction    of 

tran'sferrcd    ^^^  siiitri  pendiiiiz;  ill  the  county,  or  coTinties,  from  wliich  the  iicsv 

I* "''*■''"""■  county  has  heen  hiid  oti",   of  which,  under  the  (\»nstitution  and 

Laws  of  this  State,   the  new  county  sliouhl  have  coi>;nizance,  is 

transterred  innnediately  to  the  correspond in<>;  Courts  in  such  new 

county,  together  with  all  the  ('ourt  ])apers  pertaining"  thereto,  to 

whicli  shall  1)6  attached  theeertiiieateof  the  Clerk  ofthe(yOurt  from 

whence  tliey  came,  that  they  are  the  pro]>er  papers  of  the  suit, 

and  the  amount  of  costs  accrued  therein,  the  amount  then  due, 

and  by  what  })ersons  paid,  for  Avhich  certiiicate  the  Clerk  must 

receive  from  the  person  askino-  the  transfer,  tlie  costs  then   due, 

unless  he  makes  oatli  tliat,  oMinji;  to  liis  ])o\('vty.  lie  is  not  aUle  to 

pay  the  costs. 

Unexecutort      ^S2.  All    proccss,    (uiesue   oi-   tiual)  or    i);ii)er  re(|uirin<>'  some 

processes  to         •'  J  '      ■  '  i     J.  i  o 

redto°ncw  •»ffi<^'ial  act  to  l)e  done  by  any  otlicer  of  the  counties  trom  which 
county.  |]jj^  ^^^,^y  county  is  taken,  and  which  cannot  he  done  by  reason  of 
the  creation  of  said  new  county,  must,  Mithout  delay,  be  transmit- 
ted by  the  same,  to  the  correspondiuij;  otticer  in  the  new  comity, 
and  if  proceedings  have  been  had  thereon,  and  not  tinally  disposed 
of,  the  officer  of  the  new  c(junty  must  proceed  as  though  the  pa- 
per had  been  originally  in  his  hands;  l)ut  ])ul)lication  of  the  times 
and  places  of  sale,  and  proceedings  of  like  character,  sliall  l)e  in 
the  manner  prescribed  l)y  law. 
Officers  cut       ^o3.  All   ministerial  officers    in   commission,   inchuled   within 

oflr  in  new  - 

countyto     f\^Q  limits  of  the   new  county,  lioM    tlieir  commissions,  and  e\- 

retain  their  •■  ' 

commission,  greisc  tlic  dutics  of  tlicir  office,  until  tbeii'  conunissions    e.\})ire 

and  their  successors  are  elected  and  qualitied,  unless  there  is  nu^re 

than  one  for  the  same  office,  and  iis  new  counties  (organized  entirely 

oidcmmty    troui  ouc  couuty,  all  the  officers  of  the  old  county  are  authorized 

officers"of'    to  cxercisc  their  respective  duties  in  the  new  county,  uiitii  the 

"re^qiinMfied.  proper  officcrs  are  elected  aiid  qiuilitied;  and  Justices  of  the  ]*eace 

comprised  in  the  new  county,  whose  districts  are  not  materially 

disturbed  by  tlie  lines  of  the  new  county,  retain  their  offices,  and 

their  district,  until  their  commissions  expire. 

are^no^oflT       ^'^^  When   any  new  county,   as  orgaiuzed,    is  witliout  a.  i)er- 

comity,°p^r^-  SOU  authorized  to  act  as  (Jlerk,  or  Sherilf,  or  both,  a  corresponding'^ 

issue™and*'  officcr  ill  aiiy  adjoining  county  may  exercise  the  duties  of  such 

officers c?f     officer,  in  issuing,  serving,  and  returning  ])rocess,  until  said  new 

adjacent  .       •  t     i 

county.        county  IS  supplied. 

§35.  The   Justices   of  the   Inferior  Court  of  the  new  county, 
aided  l.)y  the  Clerks  of  the  Superior  and  Infei'ior  ( -ourts,  and  Sher- 


PT.  1  .—TIT.  1  .—CHAP.  2.— Political  Divisions  of  the  Statk.     1 1 


Article  1. — Counties. 


Juries  for  a 
count  V. 


iff,  shall,  without  delay,  after  their  qualification,  make  a  Grand  ^Jf^i 
and  Petit  jury  box,  and  draw  therefrom,  pursuant  to  law,  piinels  1',,"^ Z""'^''" 
in  time  for  the  succeeding  terms  of  the  Superior  and  Inferior 
Courts,  and,  if  by  the  organization  of  the  new  county,  the  panels 
already  drawn  for  the  old  c<>untie3  are  disturl)ed,  the  Justices  of 
the  Inferior  Courts  of  said  counties,  or  two  of  them,  or  one,  if 
only  one  remaining,  may,  at  any  time  before  the  next  term  of 
said  Courts,  draw,  to  supply  said  deticicncy,  the  requisite  number 
of  Grand  and  Petit  jurors. 

5^36.  The  Justices  of  the  Inferior  (\)urt  r»f  tlie  new  county  F'^t'-»t«-^ J" 

''  «'  new  county, 

may  levy,  for  the  first  year  after  their  qualification,  an  extra  tax  ^"J'^^^j^^*'^*'^ 
for  county  purposes,  of  such  i)er  cent.  u})on  the  State  tax,  as  may  •'^'^''^'i- 
be  necessary,  according  to  their  discretion,  and  the  terms  of  the 
Act  of  organization. 

Jj;>7.  The    (rovernor    may   direct  the  t/<r/i//tu-s-  jX)testateit)  f<^»i' ^uaJj/Vo-fl,. 
the  qualification  of  said  Inferior  Court,  to  the  Judge  of  the  Supe-  ;.';„*,tv  "'"^ 
rior  Conrt  of  the  (circuit,  any  Justice  of  the  Inferior  Court  or 
any  Justice  of  the  Peace  embraced  within  its  limits,  and  in  default 
of  either,  to  any  Justice  of  the  Inferior  Court  of  ^i  adjoining 
county,  and  the  qualification  under  it  is  legal. 

§38.  Anv    Executors,    .Vdministrators  or   (Tuardians    making Exocutors 

"  .  .  .     .  .  ,  .      &c.,  cutoff 

returns  to  the  Ordinarv  of  the  old  county,  and  residing  within  i»  new coun- 
the  Innits  ot   the  ncAV  county  when  organized,  may  make  their '"ove  their 

•       _  ^    ~  _  '  _  proccetlings. 

returns  to,  and  perform  ;ill  tlieir  oflicial  acts  with  the  Ordinary 
thereof,  and  when  any  such  act  is  done,  the  jurisdiction  is  chang- 
ed to  the  new  county,  and  such  trustee  shall  file  with  the  Ordinary 
of  the  new  county,  to  be  recorded  by  him.  !i  certified  cojiy  of  all 
his  acts  from  the  Ordinary  of  the  old  county. 

§80.  Wheneyer  a  stream  of  water  is  the  boundary  of  a  conn- J"risdiction, 

1         .       .     1 .      .  ,     ,  "  when    coun- 

ty, the  lunsdiction  ot  the  county  shall  extend  to  the  centre  of  the  "'-^  ?'« 'J'"- 

.  '  <led  by  a 

main  channel  of  such  sti-eam,  and  if  an  ofience  is  committed  on^*»t»'r 

course. 

such  stream,  and  the  evidenc^e  on  the  trial  does  not  definitely  dis- 
close in  which  county  it  was  committed,  the  Courts  of  either  coun- 
ty may  maintain  jurisdiction  for  the  trial  and  ])unishment  of  the 
ofifender. 

§40.  Whenever    an    ofience    is  connnitted    on    the    waters   <>fofoffenccr 
any  river  which  forms  a  l)onndary  l)etween  this,  and  any  <>ther  1,^^^^°/^^?]',^.;, 
State,  the  whole  of  whicli  river  l)elongs  to  Georgia,  the  <-ounty  ;;?\^^.^"*""^ 
whi(th  is  situate  on  the  side  of  the  y'whv  opposite  the  point  where  J.;;^;',^"^^not,,. 
the  ofience  is  committed,  has  jurisdiction  of  the  same,  and  if  the ''" ^*"'''' 
evidence  on  the  trial  does  not  definitely  disclose  on  which  side  of 


12     PT.  1.— TIT.  1.— CHAP.  2.— Political  Divisions  of  tue  State. 


Article  1. — Counties. 


tlie  line,  between  two  counties,  at  the  place  where  it  touches  the 
river,  the  oifence  was  committed,  tlie  Courts  of  either  county  maj 
maintain  jurisdiction. 
Kb^s"""      §-^1.  This  State  claims  jurisdiction  of  an  offence  committed 
Tffence^i's''    Oil  aiiv  of  her  boundai'v  lines  with  other  States  for  the  county 
on™^\o^uii-  bordering  on  that  part  of  the  line  where  the  offence  was  commit- 
bet^een*^     ted,  and  if  doubtful  as  to  which  of  two  counties  (as  set  forth  in 
aifoTiSr""*  the  preceding  Section)  for  either  county,  and  will  proceed  to  ar- 
rest, indict,  try,  and  execute,  until  such  other  State  shall  make 
a  demand  for  the  accused  as  a  fugitive  from  justice,  in  which 
event,  the  progress  of  the  case  shall  be  suspended  by  order  of  the 
Governor  until  the  question  of  jurisdiction  is  settled. 
Theconnties      849.  Thc   couiities   of  Bibb,  Burkc,  Cass,  Carroll,   Chatham, 

entitled  to  <^  '  ^ 

two  Kepre-  Clicrokee,  Clarke,  Coweta,  Cobb,  Columbia,  Decatur,  Floyd,  Ful- 

sentatives  in  '  '  '  '  7  ^  7  ,       j 

latnJf^^^     ton,  Gordon,  Greene,  Gwinnett,  Hancock,  Harris,  Hall,  Henry, 
Houston,  Jackson,  Meriwether,  Monroe,  Muscogee,  l^ewton,  Ogle- 
thorpe, Richmond,   StcM^art,   Sumter,   Talbot,   Thomas,   Troup, 
Walton,  Walker,  Washington  and  Whitfield,  being  thirty-seven, 
are  entitle(^  to  two  Representatives,  and  all  otlier  counties  as  the 
Constitution  prescribes. 
Norepresen-      §43.  There   shall   be  no   representation   in   eitlier  branch  of 
new  county  the  General  Assembly  from  any  new  county,  until  after  tlie  next 
regular  eiec-  regular  elcctiou  for  members  of  tlie  same,  but  the  Senators  and 

tion,  after  it        ~  .  i  t         i  i     ,»  i  •         i>  •  jji. 

18  organized.  Representatives,  already  elected  irom  the  counties  tormmg  the 
new  county,  shall  serve  out  the  term  for  which  they  were  elected, 
without  regard  to  their  residence  in  or  out  of  the  old  counties, 
and  all  vacancies  by  death,  resignation,  or  removal,  shall  be  filled 
by  the  county  where  the  member  resided  at  thc  time  of  his  elec- 
tion. 


ARTICLE  II. 

CONGRESSIONAL  DISTRICTS. 

Section.  "     |  Section. 

44.  Congressional  Districts.  1  45.  New  counties,  -where  attached. 

congres-  §44,    Tlic    State,    under   the   present   apportionment,   being 

tri^ts— 0/     entitled  to  ten  Representatives  in  the  House  of  Representatives 
ticB^each  18  of  the  Congress  of  the  Confederate  States,  they  shall  l)e  elected 

composed.  i        ,.  ii         •  t^-        •  •       i 

from  the  lollowmg  Districts  respectively : 

The  First  District  shall  be  composed  of  the  counties  of  Ap- 
pling, Bryan,  Bulloch,  Chatham,  Camden,  Charlton,  Clinch,  Cof- 


PT.  1.— TIT.  1.— CHAR  2.— Political  Divisions  of  the  Statk.     13 
Article  2. — Congressional  Districts. 


fee,  Effingliaiii,  Emanuel,  Glynn,  Liberty,  Mcintosh,  Montgomery, 
Pierce,  Scriven,  Telfair,  Tattnal,  Ware  and  Wayne. 

The  Second  District  Bliall  be  composed  of  the  counties  of  Baker, 
Berrien,  Brooks,  CaDioun,  Clay,  Colquitt,  Dooley,  Decatur,  Dough- 
erty, Early,  Echols,  Ir^^'in,  Lee,  Lowndes,  Mitchell,  Miller,  Ean- 
dolph,  Terrell,  Thomas,  Wilcox  and  Worth. 

TJw  Third  Dintrict  shall  be  composed  of  the  counties  of  Chat- 
tahoocjhee,  Uarris,  Muscogee,  Marion,  Macon,  Quitman,  Stewart, 
Sumter,  Schley,  Taylor,  Talbot  and  Webster. 

The  Fourth  District  shall  be  ('omposed  of  the  counties  of  Jas- 
per, PutTium.  .Tone?,  Baldwin,  Bibb,  Crawford,  Wilkinson,  Twiggs, 
Houston,  Laurens  and  Pulaski. 

TJie  Fifth  District  shall  be  composed  c»f  the  counties  of  Burke, 
Columbia.  Clascock,  Hancock,  Jeflerson,  J ohns(»n,  Lincoln,  Rich- 
mond, Warren,  Wilkes  and  AVashington. 

The  Sirth  District  shall  be  composed  of  tlie  counties  of  Clarke, 
Elbert,  Franklin,  Greene,  Hart,  Madison,  Morgan,  i^ewton,  Ogle- 
thorpe, Taliaferro  and  Walton. 

The  Seventh  Distinct  shall  be  composed  of  the  counties  of  Butts, 
Clayton,  Fayette,  Henry,  Meriwether,  Monroe,  Pike.  Spalding, 
Troup  and  Upson. 

Tht'  Eighth  DiMrict  shall  be  (composed  of  the  counties  of  Camp- 
bell, Carroll,  Cobb,  Coweta,  DeKalb,  Fulton,  Haralson,  Heard, 
Paulding  and  Polk. 

The  JSlnth  District  shall  be  composed  of  the  counties  of  Banks, 
Cherokee,  Dawson,  Forsyth,  Gwinnett,  Habersham,  Hall,  Jackson, 
Lumpkin,  Milton,  Pickens,  Rabun,  Towns,  Union  and  White. 

Th<i  Tenth  DiMrict  shall  be  composed  of  the  counties  of  Cass, 
Catoosa,  Chattooga,  Dade,  Fannin,  Floyd,  Gordon,  Gilmer,  Mur- 
ray, Walker  and  Whittield. 

§45.  If    in  the   organization  of    a    new  county,  there  is  an  ^^^^^^^^^^^ 
omission  to  specify  to  which  Congressional  District  it  belongs,  it  fo^n^^  when 
shall  be  attached  to  that  from  which  most  of  its  representative  |;trng1tT3%. 
population  has  been  taken,  according  to  the  Federal  basis,  which  ^^°*- 
shall  be  determined  by  the  Governor,  if  necessary,  at  any  time  be- 
fore legislation,  to  remedy  the  omission. 


u 


i'T.  1.— TIT  2.— CiTizExsiiii- 


Chapter  1. — "Wlio  are  Citizens. 


AETICLE  III. 

.iriJiriAL  DISTRICTS  AND  CIRCUITS. 


Section. 
46.  Judicial  Districts  and  Circuits, 
n.  Change  of  District  or  Circuit. 


Seotiox. 

48.  To  what  Circuit  a  new  county  Vidongs. 


.Judicial  Di 
tricts,  and 
Circuits. 


§■!<;.  The  State  is  divided  into  iive  Supreme  Judicial  Dis- 
tricts, witli  reference  to  the  jurisdiction  and  pessions  of  the  Su- 
preme Court,  and  into  sixteen  Judicial  Circuits  in  reference  to 
the  jurisdiction  and  sessions  of  the  Superior  Court;  tables  of  which 
will  be  found  in  Part  III,  Title  I. 

§47.  When  any  county  is  clianged  iVom  one  Judicial  Cir- 
rj^^me  Court,  f.^^jt  to  another,  Vv-ithin  a  different  Supreme  Judicial  District,  the 
from  onf  "^  county  is  attached  to  the  latter,  and  all  bills  of  exception,  after- 
fnothor.  *"  wards  certified,  must  be  to  the  time  and  place  for  holding  the 
must  g.'.  to  Qq^^yU  of  said  District,  but  all  bills  certified  previously,  must  be 
heard  at  the  time  and  })lace  to  wliich  they  are  certified  and  re- 
turned. 
TowhuKir-  §48.  If  any  new  county  is  organized  with  an  omission  to 
countVbc-  attach  it  to  any  Judicial  Circuit,  it  belongs  to  tlie  ('ircuit  from 
which  most  of  its  territory  is  taken. 


«';ises  taki-i 
to  the  Su 


lonsSk 


TITLE  II. 

CITIZENSHIP. 


CuAi'TKR  1.  Wiio  are  Citizens. 
Chapter  2.  As  to  Expatriation. 


CHAPTER  I. 


WHO  ARE  CITIZENS. 


Section'. 

49.  Who  arc  deemed  citizens  of  Georgia. 

50.  "Who  are  not  white  persons. 


Section. 

51.  The  st-atm  of  children. 

52.  Persons  prohibited  from  citizenship. 


i^meTciti-      ^4^^-  All  free  white  persons   born   in  this    State,  or  in  any 

statV^*'^''  other  State  of  this  Union,  who  are,  or  may  become  residents  of 

tliis  State,  with  the  intention  of  remaining  therein ;  all  free  white 

persons  naturalized  under  the  laws  of  the  Confederate  States, 

and  who  are,  or  may  become  residents  of  this  State,  with  the  in- 


FT.   1.— TIT.  1'.— ('ni/.i:.Nsiiii>.  15 


f'hapter  1. — Who  are  Citizens. 

tention  of  remaining  therein;  all  persons  who  have  obtained  a 
right  to  citizenship  under  f(»nner  laws,  and  all  children  wherever 
horn,  whose  lather  was  a  citizen  of  this  State  at  the  time  of  the 
birth  of  snch  children,  or  in  case  <»f  })ostlnnnons  children  at  the 
time  of  his  death,  are  held  and  deemed  citizens  of  this  State. 

^  ;")(».  J^ersons   havin<r   one-eijihth,    (»r   more,  of  neirro  or  Af- ^'^''"'='r''n''''" 

~  ~  '  ~  sons  ot  color. 

rican  blood  in  their  veins,  are  not  wliite  persons  in  the  meaning 
of  this  Code. 

JJ51.  The  status  of  every  person  in  this   State.   u]>on   the  ques-'ihfstatusof 

.,,.-,  •         1    i  '         •        1     1  1  .    1  •  1         till' mother 

tion    ot   ircedom,   is   dctennnied    l>v   the  status    (»t    In-    or    lier fix<sthatof 

,  ■  luT  childrun. 

inotlier. 

^52.   No   person  transported  oi- banished  from  other  countries  wiio  cannot 

,  ■    1   •  •      1   •/•'(>    1  licioine  citi- 

or  States,  witlnn  or  out  ot  this  (  ontederacv.  tor  crnne  involviuir''"^  "•■"''* 

;  ^  Stiiti-. 

moral  tur|»itu(le.  nrc  pcnuittcfl  to   reside  in,  oi-   b(>come  citizens 

of  this  State. 


("IlAPTEli   [I. 

.\S  TO   KXI'ATKIATION. 

Skctkin.  .Section. 

ril).  Ilow  citi/.ciisliip  may  be  roiioiinoed.        5.').  How  citizonsliip  is  acquirfMl. 
.'')4.  When  citizcnsliip  cease.s. 

^58.  Except    in    time   of  war,    everv   citizen   shall   have   the  ""'^■<^''^'^^;"- 
right  of  expatriation,  with  a  view  to  become  a  citizen  of  another '■<'""""^^' J- 
State  or   country,   not  a  jtart    of  the  Confederate  States,   with 
which  this  State  is  at  i»eace.     The  declaration  or  ayowal  of  such 
intention,  accompanied  by  actual  removal,  is  held  a  renunciation 
of  all  his  rights  and  duties  as  a  citizen. 

§54.   Until    citizenship   is   accpiired    elseM'here,    after  compli- whon  cui- 
ance  with  the  terms  of  Section  No.  58,  the  person  continues  a  cease".'' 
citizen  of  Georgia,  and  of  the  Confederate  States. 

^55.  If  a  person,   liaving  been  thus  expatriated,  acfiuires  citi- How  dtizen- 

1'  1  !•        •  1  11.         T  1  ship  may  be 

zensliip   under   some   toreign  power,    he   and   Ins   descendants,  again  ac- 
who  go  with  him  for  the  purpose  of  residence,  can  be  a  citizen  of  one  wiiohas 

,1  .     Oi    i  •  1         X'  •  1  /»    1  -1  .  1  renounced  it. 

tins  State  agam  only  atter  a  residence  of  three  years  herein,  and 
taking  the  oath  i>f  allegiance,  as  in  case  of  other  foreigners. 


16  JPT.  1. — TIT.  3. — Executive  Depahtment. 


Chapter  1. — The  Governor,  his  Powers  and  Duties  not  specified  in  the  Constitution. 


TITLE  III. 

OF  THE  KXECUTIYK  DEPARir.MENT. 


Chaptkk  1,  The  Governor — his  powers  and  duties. 
Chapter  2.  The  Executive  Office  and  Secretaries. 
Chai'tek  8.  State  House  Officers — Secretary  of  State,  ifec. 
Chapter  4.  Offices  connected  with  the  Executive  Department. 
Chaptek  5.  Ilesjuh\tions  as  to  all  Executive  offices  and  officers. 


CHAPTEE  I. 

THE   GOVKRXOR— HIS   POWERS  AND  DUTIES  NOT   SPECIFIED  IN   THE 

CONSTITUTION. 

Sectio.v.  I  Section. 

5G.  Governor's  Inauguration.  j   68.  ilay  appoint  Commissioners  of  deeds. 

57.  His  oath  to  be  taken.  !  69.  He  must  commission  ofticers. 

58.  He  may  call  out  the  Militia.  -  TO.  Shall  issue  grants  to  lands. 

59.  May  call  out  Militia  and  Volunteers,  j  71.  Shall  protect  the  public  propert}-. 

60.  Shall  cause  fugitives  to  be  arrested,  i  72.  Shall  appoint  officers  and  fill  vacancies. 

61.  Deliver  fugitives  from  other  States,     j  7.3.  His  Secretaries  and  other  officers. 

62.  Dehvery  suspended  in  certain  oases.  I  71.  Officers  of  Public  Institutions. 

63.  Fugitives  not  demanded.  j  75.  He  may  employ  special  agents. 

64.  Warrants  for  the  arrest  of  fugitives.  76.  May  suspend  collection  of  taxes. 

65.  He  may  ofter  rewards.  j  77.  Payments  from  the  Treasury. 

66.  Negroes  illegally  imported.  i  78.  Certain  records  to  be  kept. 

67.  He  may  pardon  persons  of  color.  !  79.  Seal  of  the  Executive  Department. 

Governors  §50.  The  Grovemor  elect  shall  begin  the  discharge  of  his 
tion.  '  duties  from  the  time  of  his  inaugurati».)n.  The  ceremony  of  in- 
auguration shall  take  place  during  the  lirst  week  of  the  session 
of  the  General  Assembly,  next  after  the  election,  and  on  such 
day  of  that  week  as  the  General  Assembly,  by  joint  resolution, 
appoints.  On  failure  of  appointment,  it  takes  place  at  12  o'clock, 
meridian,  on  Saturday  of  that  week,  unless  prevented  by  Provi- 
dential causes. 
His  oath  to       ^57    'j'l^Q  Q^^th  ijrescribed  by  the  5th  Section  of  the  3d  Ar- 

be  taken  m         "  i  >/ 

of  L^.^sb"*'*'  ti^l*^  *^^'  ^^^^  Constitution  of  this  State,  and  the  oath  to  support 
*'""^-°         the  Constitution  of  the  Confederate  States,  shall  be  taken  by  the 

Governor  elect  in  the  presence  of  the  General  Assembly. 
^h^MiH^ry*     §58.  It  is  tlio  duty   of  the    Governor  to  see  that  the  laws 
^ryl^to^'^clc-  are  executed.     For  this  purpose  he  has  power,  as  Commander-in- 
uws."""       Chief,  to  call  out  the  Military  whenever,  in  his  discretion,  the 


PART  1.— TIT.  3.— Executive  Department.  17 


Chapter  1. — The  Governor,  his  Powers  and  Duties  not  specified  in  the  Constitution. 

due  enforcement  of  the  process  of  the  Courts  is  so  resisted,  and 
set  at  defiance,  as  to  require  such  interposition. 

§59.  In  case  of  invasion  or  insurrection,  tlie  Govenu)r  has  JJ^y*'^/,',^""* 
power  to  call  out  all  Volunteer  Military  Companies,  or  the  Mi- f,';rep**„nd'"^^ 
litia,  or  both,  for  the  defence  of  the  State,  until  such  time  as  the  |{,";^^'''„*|*i'„. 
General  Assembly  meet ;  and  when  so  called  into  action,  he  has  fn\'^sLn°  °^ 
power  to  make  all  necessary  provision  for  their  transportation, 
accommodation,  equipment  and  support. 

§00.  Whenever  there  is  found,  within  this  State,  a  fu<j;itive  sitilm,  ho**"'" 
from  justice  from  a  foreign  State,   and   by   tlie  treaty  stipula- li,e  nVr"st^of 
tioiis  of  the  (/onfederate  States  such  person  is  to  l)e  surrendered  from  foreigm 
U})   to    the    autliorities  ot   siumi    iureiti;n    State    u})on  rcquisuu)ii 
frctm  the  proper  officers,  the  Governor,  by  his  warrant,  shall  cause 
]iim  to  1)0  arrested  and  delivered  over  to  such  officer. 

§61.  It  is  the  dutv  of  the  Governor,   under  his  warrant,  to '"i"'"  roqui- 

"  '  .  ,  ^  sit  ion,  he 

cause  to  be  arrested,  and  delivered  up  to  tlie  proiier  officers  of  ;i>n!i. cause 

^  '_      '  ^  _        fnotivcs 

anv  other  State  of  this  Confederacv,   anv  fuijitive   from  justice  J}"'"  o^i^" 

•  '  •  ~  ••  States  to  be 

from  said  State,  u])on  (k'lnand  made  of  him  bv  the  Executive  of'',''^?^**^ /"(i 

1  •'  (lelivered. 

such  other  State  in  tlie  manner  prescribed  by  the  laws  and  (Con- 
stitution of  the  Confederate  States.  And  if  such  fugitive  shall 
have  assumed  another  name  in  tliis  State,  and  the  Governor  is 
satisfied,  by  evidence  under  oath  filed  in  his  ofiice,  of  the  identity 
of  sucli  person  with  the  fugitive  demanded,  he  shall  state  the 
fact  in  his  warrant  for  the  arrest. 

§02.  If  any  person  demanded  as  a  fugitive  from  justice,  is.  nend  theX- 
at  the  time  of  such  demand,  under  prosecution  for  an  otFence  fugitive  un- 
against  the  laws  of  this  State,  the  Governor  shall  suspend  his  de-  tion  in  this 
livery  until  the  issue  is  determined  as  to  his  guilt,   and  if  con- the  prosecu- 
demned,  until  he  shall  have  suftered  the  penalty  of  the  law  im- 
posed. 

§63.  When   a   person,   charged   with   the   commission   of  an  JJ""' f"?'- 
"  i  '  t?  tives  not  de- 

offence  in  some  other  State,  shall  flee  into  this,  and  is  pursued  {JJf"^^£,»^^'J 

and  caught,  or  some  person  in  this  State  finding,  shall  arrest  him,  °*- 
it  is  the  duty  of  the  Governor,  on  oath  filed  in  his  office  of  the 
commission  of  the  offijnce,  and  the  identity  and  locality  of  the 
party,  to  issue  his  warrant  for  his  arrest,  as  in  other  cases,  and 
command  his  lodgment  in  any  jail  in  the  State,  for  as  long  as 
twenty  days,  and  if,  at  their  expiration,  there  is  no  formal  de- 
mand made  by  the  Governor  of  the  State  where  the  offence  is 
alleged  to  be  committed,  he  shall  be  discharged  from  custody ; 
but  upon  affidavit  made  before  any  proper  officer  of  the  comniis- 
2 


18  PT.  1.— TIT.  3.— Executive  I)Ei>AraMEXT. 


Officers  must 
execute  war- 
rants for  tlif 


Chapter  1. — The  Governor,  his  Powers  and  Duties  not  specified  in  the  Constitution. 

sion  of  the  offence,  and  of  sucli  intended  application,   the  ac- 
cused sliall  l)e  lield  under  it  five  days. 

§(U.  When  tlie  Governor,  or  other  officer  issues  such,  or  any 
Ji^est'oPiYi'-otlier  warrant  of  arrest,  it  is  the  duty  of  tlie  Sherifis,  their  Depu- 
^'"'"^'        ties.  Coroners  and  Constables,  to  execute  them  M'hen  placed  in 

their  hands, 
^a^dsfo^''      ^^^^^-  The  (-rovernor  shall,  in  his  discretion,  olfer,  and  cause 
the  an-cstof^^^  ^^^^  paid,  rcwards  for  the  detection  or  apprehension  of  the  per- 


fclons. 


itetrator  of  -dux  felony  committed  Avithin  this  State ;  but  no  such 

reward  shall  be  paid  to  any  ofticer,  who  shall  arrest  such  person 

in  the  regular  discharge  of  his  duty,  by  virtue  of  process  in  his 

hands  to  be  executed,  nor  to  any  person  who  has  arrested  the 

offender  previous  to  the  publication  of  the  reward. 

May  cause        §  60.  Hc  sliall  liavc  powcr   to   issue   his  warrant,  and  cause 

pau^^'impor-  to  1)0  arrcstcd,  to  be  dealt  with  according  to  law,  all  negroes  il- 

stlte^tob"  legally  imported  into  this  State,  from  any  foreign  port,  or  which 

disposed  of.'  landed  first  in  another  State,  may  be  brought  into  this,  either  for 

the  purpose  of  sale,  residence  or  transportation  through. 
May  par.ion      ^Q^j,  He  sliall  liave  powcr  to  pardon  or  commute  the  pun- 

orcommuto  '  n  -i  i»  i»         i  •    j.     i        ±' 

the  punish-  ishmcnt  of  auy  slave,  or  tree  person   ot  color,  convicted  ot  any 

ment  of  ^i  t  i       i  j?    i  •     o  x    j. 

slaves.         capital  offence  under  the  laws  ot  this  State. 

May  appoint      |  gg_  jjg   sliall  liavc  powcr  to  appoiiit,  in  other  States  and 

sioners  of     Territories  of  the  Confederate  States,  Commissioners  to  take  and 

deeds  in  oth-  V      •  i        t  i 

er  States,  certify  the  acknowledgement  or  proof  ot  deeds,  or  otner  convey- 
ance of  property  in  this  State,  of  depositions  under  commissions 
or  otherwise,  of  powers  of  attorney,  (of  wills  executed  by  persons 
devising  or  bequeathing  pr()})erty  within  the  State,)  and  of  other 
instruments  in  writing,  required  to  l)e  attested  under  the  laws  of 

this  State. 
Mustpnint        Q  ncj    TTg  shall  "'rant  commissions  to  all  such  oflicers  of  this 

commissions        S  '-'"^"    -^-^^    ►j^i"        j^ 

eiecMn  this  State,  including  Senators  and  Eepresentatives  in  Congress,  as  are 
state.  required  to  hold  them,  and  in  all  cases,  he  may,  in  his  discretion, 

issue  a  dedlmus  jyotestatem  to  such  olficers  as  are  authorized  to 
administer  oaths  requiring  the  qualification  of  the  oflicer  elect, 
as  provided  by  law,  and  to  issue  to  him  his  commission.  The 
forms  of  all  commissions  shall  be  in  the  discretion  of  the  Gover- 
nor. Commissions  thus  issued  are  final,  except  where  the  Con- 
stitution and  laws  otherwise  provide. 
Shall  issue       §  ^A    Tjg   gi^all  issuc  all  grants  to  lands  under  the  laws  of 

CTfl-IltS  to  O    '       ■  ^ 

land.  ^i^^g  State,  but  such  shall  not  be  conclusive,  but  subject  to  the 

investigation  of  the  Courts ;  and  whenever  such  are  declared  by 


PT.  1. — TIT.  3. — Executive  Department.  19 

Chapter  1. — The  Governor,  his  Powers  and  Duties  not  specified  in  the  Constitution. 

the  proper  Court  to  have  been  wrongly  issued,  it  is  his  duty  to 
issue  another  grant  in  accordance  with  such  decision,  if  it  so  re- 
quires. 

§71.  lie   sliall   have   general    supervision    over    all   propertv  ^^^'^i'  ^upcr- 

""i  ii«/    vise  find 

of  the  fetatc,  with  power  to  make  all  necessary  regulations  for  the  i"-oV:<"t  *'''' 
^'-  ■/      o  public  prop- 

protection  thereof,  when  not  otherwise  provided  for.     He  must  ^^r'J''  .^"'1?*- 

^  _  '  _  i  sign  to  ofli- 

assign  rooms  in  the  Capitol  to  all  officers,  who  must  hold  their '•'■^ *''?^^,. 

c>  i.  1  rooms  in  tne 

offices  there,  and,  in  the  absence  of  any  legislative  provision,  de- '^'-'i''*"'- 
signate  the  imrpose  for  which  other  rooms  are  to  be  applied. 

§72.  He   shall   appoint    all   officers,    and    fill    all    vacancies,  ^,!,'f,'/t ^ff^,f. 
unless  otherwise  prescribed  by  the  Constitution  and  laws.     All  en  an  ""^ 
appointments  to  discharge  a  public  duty  by  the  General  Assem-  othc-rwisT* 
bly,  or  by  the  Governor,  under  its  authority,  are  declared  to  belor''^'''^ 
offices  witliin  the  meaning  of  the  Constitution. 

§73.  lie  lias  the  power  of  appointing  the  following  officers, Maj- appoint 

1  ^      ^\   ^      ^  ^   L^      •         jj»  i        •  i  •  »  i.-i,.^  and  remove 

who  shall  hold  then*  offices  durniir  the  tnne  tor  which  he  is  Gov- his secreta- 
ernor,  suL)]ect  to  be  removed  at  ins  pleasure,  viz  :  certain  oth- 

Three  Secretaries  of  the  Executive  Department ; 

A  Messenger  for  his  office  ; 

A  State  Librarian  ; 

A  Guard  for  the  Capitol  buildings  ; 

A  person  to  keep  the  Capitol  Grounds,  and  other  State  prop- 
erty at  the  seat  of  Government,  in  proper  order. 

§  71.  All  the  officers  of  the  following  State  Institutions,  named  i'n.'iuTof"* 
in  this  Code  and  laws  hereafter  enacted  amendatory  thereof,  I'.r  lS™s' 
unless  menials,  servants,    day-laborers,    or  otherwise    required,  J^l^b^'lid ' 

■,Ti7  •  Blind,  and 

^  ^^  •  officers  of 

Officers  of  the  Penitentiary  ;  lo^yfliti^" 

Trustees  of  the  Lunatic  Asylum  ;  aSr*"and 

Trustees  of  the  Asylum  for  the  Deaf  and  Dum1) ; 

Trustees  of  the  Asylum  for  the  Blind  ; 

Officers  of  the  Western  &  Atlantic  Eailroad  ; 

Keepers  of  the  Arsenal  and  Public  Arms. 

§75.  And  he  has  power  to  engage  the  services  of  any  com- sjecia'r^''"^ 
petent  person  for  the  discharge  of  any  duty  required  by  the  laws.  Sever 
and  essential  to  the  interests  of  the  State,  or  necessary  in  an  "'"''=''■•'■• 
emergency  to  preserve  the  property  or  funds  of  the  State. 

§76.  The  Governor  may  suspend  the  collection  of  the  tax-jf;^^^^- 
es,  or  any  part  thereof  due  the  State,  until  the  meeting  of  thct^'^Ig'^^toA''^ 
next  General  Assembly,  but  not  longer,  nor  shall  he  otherwise  "'"'• 
interfere  with  the  collection  thereof. 


20  PT.  1.— TIT.  3.— Executive  DEP^umiEXT. 


Chapter  1. — The  Governor,  his  Powers  and  Duties  not  specified  in  the  Constitution. 

froS^thf         §  '^'^'  ^^^  payments  from  the  Treasury,  imless  otherwise  pro- 
■bl^S7on°"^^i^6^5  shall  be  made  u})ou  the  warrant  of  the  Governor,  and 
Go^raor's   j^g  ^^^^y  ^yithhold  liis  approval  on  any  acconnt  audited  and  certi- 
fied hy  the  Comptroller  General.     The  Avarrant  shall  always  spe- 
cify on  what  ai»propriation  or  fund  it  is  drawn. 
tobekTft^        §'*^^-  '^■'^^  Governor  shall  cause  to  he  kept,    and    preserved 
in^bookT"    i^  the  Executive  Office,  the  following  books  of  record: 
A  jJi^naf*'       1-  -^  joumal  or  minute  book,  showing  all  of  his  official  acts. 
of  Ws  official      2.  A  Book  of  Appropriations,    in  which  shall  be  entered  a 
A  book  of   full  account  of  all  annual  appropriations,  setting  forth  the  amounts 
twns?^'"'*     under  their  appropriate  heads,   together   with   the  date  of  his 

warrant  for  such  appropriation,  and  in  whose  favor  drawn. 
A  book  of        3.  A  book  giving  a  statement  of  the  public  debt  of  the  State, 

the  public  *^  ^  »    1       1  1      •  1      •  1  ji  1 

debts.         the  dates  and  numbers  ot  the  bonds  issued,  m  Avhose  lavor,  and 
for  what  amounts,  thedateof  pajmient  and  the  disposition  thereof; 
also  a  full  and  accurate  account  of  all  sums  of  money  that  are 
set  apart  as  a  sinking  fund   for  the   redemption  of  the  public 
debt,  particularly  setting  forth  the  amount  for  the  several  spe- 
cific purposes,  when  drawn,  and  in  whose  favor. 
A  book  of         4.  A  book  in  which  shall  be  kept  copies  of  all  bonds  of  agents, 
evidences  of  disbursiug  public  funds ;  also  a  schedule  of  all  bonds  and  other  evi- 
the  Stat"!;!     dcuces  of  debt  due  to  the  State,  and  the  disposition  made  thereof. 
A  book  of        5.  A  Book  of  Commissions,  showing  the  dates  when  issued,  for 

commissions  tu-m-  •         i   •    "^o 

of  officers,     all  ofiiccrs,  Civil  and  Military,  m  this  State. 
A  book  of         C).  A  book   showing  the   exact  condition  of  the  Educational 
tion  FiTud.'   Fund  of  this  State,  and  the  annual  income  thereof. 
A  land  book.      7.  A  book  Or  books  containing  a  list  of  the  respective  numbers, 
Districts,  Sections  and  Counties  of  the  several  lots  of  land  dis- 
posed  of  by  the  several  land  lotteries,  and  the  names  of  the 
drawers  of  each,  to  whom  and  when  granted,  and  a  similar  sched- 
ule of  all  lands  sold  by  the  State,  by  whom  purchased,  and  to 
whom  and  when  granted. 
An  Index  or      8.  Hc  shall  also  keep,  and  cause  to  be  carefully  filed  away, 
pMso'f  me  in  properly  marked  or  numbered,  all  documents  appertaining  to  his 
his  ofhce.     ^^^,g^  whether  there  as  the  place  of  deposit,  or  received  by  mail 
or  express,  and  to  keep  a  book  as  an  index  or  key  to  the  same. 
other  neces-      9.  Aud  auy  otlicr  books  or  files  that,  in  his  judgment,  his  De- 

sary  books.  j  ^  i  ' 

partment  needs. 
Executive         §79.  Thcrc   sliall  be  a  seal    of  the   Executive    Department. 
^^''^'  The  device  shall  be  the  same  as  that  now  used  therein,  and  shall 

not  be  altered,  except  by  authority  of  the  General  Assembly. 


PT.  1. — TIT.  3. — Executive  Department.  21 


Chapter  2. — The  Executive  OflBce  and  Residence  of  the  Governor, 


CHAPTER  II. 

THE  EXECUTIVE  OFFICE.  AND  RESIDEXCE  OF  THE  GOVERNOR. 

Section.  I  Section-. 

80.  "Where  Executive  office  must  be  kept. :   81.  Where  tlic  Governor  must  reside. 

§80.  The  Executive  Office  shall  be  in  the  State  House,   at  wh'-'-c .the 
the  Seat  of  Government.     If,  from  any  cause,  tliere  is  no  State  f^^ce  must 
House,  or  it  has  to  be  abandoned,  then  at  such  place  at  the  Seat 
of  Government,  as  tlie  Governor  may  direct,  and  not  elsewhere, 
unless  made  necessary  from  invasion,  insurrection,  pestilence  or 
rebellion. 

§81,  The  Governor  shall   reside  at  the  Seat  of  Government  where  the 

-I       .  I  .  ,.     rt>  Governor 

dUrnifr  Ins  term  Ot  OltlCe.  shall  reside. 


CIIAPTEPw  III. 

THE  SECRETARY  OF  STATE,  TREASURER,    SURVEYOR-GEXERAL,   AND 
COMPTROLLER  GENERAL. 

Article  1.  The  Secretary  of  State. 
Article  2.  The  State  Treasurer. 
Article  8.  The  Comptroller  General. 
Article  4.  The  Survcvor  General. 


AETICLE  I. 

OF  THE  SECRETARY  OF  STATE. 


Section-.  ]  Section. 

82.  Bond  of  Secretary  of  State.  j   85.  lie  shall  keep  the  State  seal. 

83.  Must  reside  at  the  Capital.  86.  The  Great  Seal  of  the  State. 

84.  Must  furnish  applicants  witlirct'ords. 

§82.  Before  entering  on  the  duties  (.f  his  office,  he  shall  exe- ^'^7;]tary  of 
cute  a  bond  with  sufficient  securities,  to  be  ai)proved  by  the  Gov-  ^'"'''• 
ernor,  in  the  sum  of  ten  thousand  dollars,  conditioned  for  the 
iaithful  perform  an  ce  of  all  the  duties  of  his  said  office,  and  all 
such  duties  as  shall  be  required  of  him  by  the  General  Assembly, 
or  the  laws  of  this  State,  and  for  a  faithful  account  of  all  the  pub- 
lic money  or  effects  that  nuiy  come  into  his  hands  during  his 
continuance  in  office.     It  shall  be  filed  in  the  Eexecutive  office, 


22  PT.  1.— TIT.  3.— CHAP.  3.— Executive  Department. 


Article  1. — The  Secretary  of  State. 


wpv  cvN     ^^^^  ^  ^*^Vy  tliereof,  certified  by  one  of  the  Governor's  Secretaries, 
denec.         under  tlie  seal  of  the  Executive  Department,  shall  be  received 
in  evidence  in  lieu  of  the  oripjinal,  in  any  of  the  Courts  of  thi& 
State, 
ke^ep'hisof-       §^^'  11^  ^\yd\\  1)0  provided  with  suitable  apartments  in  the 
capifoh''"     State  Capitol,  furnished  at  the  State's  expense.     He  shall  reside 
at  the  Capitol,  and  keep  his  office  open  daily,   Sundays  and  holi- 
days excepted. 
He  shall  fur-      g  g4_  Hc  shall  fumisli  to  all  applicants,  upon  the  payment  of 

nish  copy  of        "  ^         ^  ^  '       ■•■  . 

records.  the  prescribed  fees,  copies  of  all  records  and  public  documents 
within  his  office,  and  shall  attach  the  Great  Seal  of  the  State  to 
such  transcripts  as  the  Governor,  or  General  Assembly  may  di- 
rect. 
"avcM^per-  §85.  He  shall  receive  no  perquisites  for  any  official  act;  but 
quisites.  ^1^^  i^ggg  prescribed  shall  be  collected  by  him,  and  paid  into  the 
State  Treasury, 

kee'\h"  1-  It  i*^  ^^^^  ^^^^t.y  ^^  ^<^^P  ^^^^  Great  Seal  of  the  State ;  the  orig- 

tain' rTcordI"  "^^^  -^^'^^  passcd  by  the  General  Assembly,  and  aM  the  public  re- 
and  papers,  qq^^^  Qf  ^hc  State,  uot  appertaining  specially  to  other  offices. 
He  shall  look  to,  and  preserve  the  records  and  papers  belonging 
to  the  Senate  and  House  of  Representatives.  He  shall  see  that 
the  recorded  journals  of  both  Houses  are  deposited  in,  and  kept 
in  his  office. 

He  shall  at-       2.  He  sliall  attost  all  e-rants,  and  other  public  documents  re- 
test  grants,  ^  '  .         .  ,  i        -ri 

and6ther     (luirino;  the  Great  Seal  of  the  State,  issuino;  from  the  Executive 

papers.  1  ^  ^  o 

of  the  State, 
recwd  of^        3.  He  shall  keep  a  record,  in  proper  books,  of  all  grants  is- 

grants.  g^^^^j  l^y  ^J^g  g^^te. 

ke^ep^boLis.  '^'  He  shall  keep  safely,  all  bonds  of  agents  appointed  to  dis- 
burse public  money. 
farnfsh\-uei,  5.  Hc  sliall  providc  all  fuel,  lights,  servants,  or  other  contin- 
tilnerVf&c.,  gouts,  uoccssary  for  the  General  Assembly ;  also  all  stationery 
era/Ass*^m-'  for  their  use,  and  shall  report  the  amount  of  the  same  to  the  Ei- 
^'  nance  Committee  of  the  House  of  Ilepresentatives,  before  the  ad- 

journment of  the  session.     He  shall  perform  all  other  duties  re- 
cpiired  of  him  by  law,  or  which  necessarily  attach  to  his  office. 
hcTepth!*''     §S^-  The  Great  Seal  of  the  State,  adopted  Eebruary  8th,  1Y99, 
his  office.     ^^^^  j^Q^y  Q^^  deposit  in  the  office  of  Secretary  of  State,  is  as 

follows : 
■Description       ^    Jt  is  of  silvcr,  and  the  size  of  two-and-a-quarter  inches  in  di- 

of  fceal.  '  •■■ 

ameter. 


PT.  1. TIT.  3. — CHAP.  3. — Executite  Department.  2S 


Article  1. — The  Secretary  of  State. 


2.  The  device  on  one  side  is  a  view  of  the  sea  shore,  with  a 
ship  hearinjr  tlie  flag  of  tlie  United  States  riding  at  anchor  near 
a  wharf,  receiving  on  hoard  liogsheads  of  tohacco,  and  hales  of 
cotton,  emhlematic  of  the  exports  of  tlii>  State;  at  a  small  dis- 
tance, a  hoat  landing  fi'oni  tlie  interior  of  the  State,  with  hogs- 
heads, &c.,  on  hoard,  representing  her  internal  traffic.  In  the 
back  part  of  the  same  side,  a  man  in  the  act  of  ploughing,  and 
at  a  small  distance  a  flock  of  sheep  in  different  pastures,  shaded 
by  a  flourisliing  tree,  the  motto  thereon — Agriculture  and  Com- 
merce, 1790. 

3.  Tlie  device  on  the  other  side  is  three  pillars,  supporting  an 
arch,  with  the  word  Constitution  engraven  within  the  same,  em- 
blematic of  the  Constitution,  supported  l»y  the  three  departments 
of  Government,  viz:  the  Legislative,  Judicial  and  Executive; 
the  first  ])illar  to  have  engraven  on  its  base,  "Wisdom;"  the  sec- 
ond,''Justice ;"  the  third,  "Moderation;"  on  the  right  of  the 
last  pillar,  a  man  standing  with  a  drawn  sword,  representing  the 
aid  of  the  Military  in  the  defence  of  the  Constitution  ;  the  motto, 
State  of  Georgia,  1709. 


ARTICLE  II. 

THE  STATE  TREASURER. 


Section-.  j  Section'. 

87.  Treasurer's  bond.  91.  Must  settle  with  his  successor — when. 

88.  His  rights  and  duties.  92.  How  dealt  with  on  failure  to  settle. 

89.  His  duties  specified.  93.  lie  shall  keep  a  book  of  State  bonds. 

90.  His  office  subject  to  inspection.  | 

§87  The  State  Treasurer  nmst  give  a  bond,  conditioned  the  ^^^^f^j^^r^^ 
same  as  that  of  the  Secretary  of  State,  for  the  sum  of  two  liun-'"'"*^- 
dred  thousand  dollars,  and  subject  to  the  same  rules  and  regula- 
tions. 

§88.  His  rights  and  duties  are  the  same  as  those  of  the  Secre- "'.j  [^fj|[.| 
tary  of  State,  set  forth  in  section  eighty-flve,   except  the  use  of  ;;'J,^.'^ta*^^of 
the  Great  Seal.     He  shall  receive  no  perquisites  for  any  official ''''"'  *"■ 
act,  but  the  fees  prescribed  shall  be  collected  by  him,  and  paid 
into  the  State  Treasury. 

§80.  It  is  moreover  the  duty  of  the  State  Treasurer —  ktop.-lnd** 

1.  To  receive  and  keep  safely  all  the  money  which  shall  be  lundsTf  the 
paid  to  him  in  l)elialf  of  the  State,  u])un  the  certificate  of  the 


^  FT.  1.— TIT.  3.— CHAP.  3.— Executive  Depaktmext. 


Article  2.— The  State  Treasurer. 


Comptroller  General,  and  to  pay  out  the  same,  only  upon  the 
warrants  of  the  Governor,  when  countersigned  by  the  Comptrol- 
ler General,  excepting  the  drafts  of  the  President  of  the  Senate 
and  Speaker  of  the  House  of  Representatives,  for  the  sums  due 
to  the  members  and  officers  of  their  respective  bodies. 
Shall  keep  :i      2.  To  keep  in  liis  officc  a  1)Ook,  ill  whicli  shall  be  entered  all 

book  of  war-  ■*■  ,  .  .  ,  , 

rants  drawn  "waiTants  drawn  on  him  by  the  Executive,  stating  m  whose  tavor 
drawn,  the  date,  the  amount  thereof,  and  to  what  fund  charged, 
and  to  retain  and  file  away  carefully  all  such  warrants. 

His  duty  as       3.  To  kecD  annuallv  an  account  of  all  taxes  that  may  be  due 

toanaccount  -■■  '^  i    t->       i  t  • 

of  taxes.       and  unpaid,  by  the  several  chartered  13anks,  and  to  entorce  the 

collection  thereof,  agreeal^le  to  the  laws  in  force ;  also  to  keep  an 

account  of  all  taxes  paid  into  the  Treasury  annually  by  the  Tax 

Collectors  of  the  several  counties.     An  abstract  of  these  accounts 

must  be  laid  before  the  Governor. 

He  must  4-  And  preceding  each  Annual  Session,  he  must  submit  to  the 

matTsof pro-  Govcmor  detailed  estimates  of  the  probable  receipts  and  expen- 

ceiptsMd    ditures,  for  the  next  fiscal  year,  stating  the  sources  of  income,  and 

tunfs"  '       the  probable  amounts  to  be  received  therefrom  ;  also  the  objects 

of  appropriation,  and  the  probable  necessities  of  the  Treasury. 
Must  pay^^       5.  To  pay  all  funds  pledged  to  the  payment  of  the  public  debt, 
appropriated  qy  interest  thereon,  or  to  anv  obiect  of  education  ;  and  to  these 

funds  to  5  ./  J  f 

t^?*""  proper  objects  only,  and  in  nowise  to  any  other  purpose;  all  payments  from 
the  Treasury  shall  be  paid  from  the  fund  appropriated  for  such 
purpose,  and  not  from  an}^  other. 

Must  make        Q^  At  tlic  cud  of  cveiT  quarter  of  the  vcar,  to  make  a  written 

quarterly  re-  '      ^  •-'  ' 

ports  to  the  rcport,  ou  oatli  to  the  Governor,  of  the  several  amounts  received 

Governor.  J-  '  ' 

by  him  during  the  three  months  preceding  such  report. 
MrtpMr""        "i-  To  keep  safely  the  scrip  for  Bank  Stock,  the  State  Bonds, 
Bank  Stock,  ^^^^  otlicr  evidciices  of  the  Educational  Fund,  and  manage  and 

control  the  same  for  the  purposes  to  which  tliey  are  })ledged. 

He  may,  under  the  direction  of  the  Governor,  deposit  all  funds 
Under  the  ^^^  apart  for  the  })urpose  of  Education,  or  any  other  purpose  not 
<?irection,  he  i'e<piii"od  for  immediate  use,  in  any  chartered  Bank  of  this  State, 
^nds1n^°*'*s^i^>ject  to  his  draft  as  Treasurer,  and  with  the  Governor  make 
'^^^^'  such  contract  witli  said  Bank,  for  the  use  of  such  funds  as  may 

be  beneficial  to  tlie  State. 
Shall  not  use      8.  He  sliall  uot,  uiidcr  any  circumstances,  use  himself,  or  allow 

the  ftmds  of  i  .         i  .     i        r .  '       t   •      i  i  n       . 

the  State,     othci's  to  usc,  tlic  luuds  ot  the  State  m  Ins  hands,   and  tor  every 
Penalty       violatiou  of  this  scctioii,  he  is  liable  to  the  State  for  the  sum  of 


^^T.  1. — TIT.  3. — CHAP.  3. — Exectttive  Department. 


25 


Article  2.— The  State  Treasurer. 


five  lumdred  dollars  as  a  penalty,  or  a  forfeiture  of  salary,  if  said 
forfeiture  will  pay  the  penalty  incurred. 

9.  lie  is  authorised  to  pay  all  officers  of  the  State,  whose  sala-  Il«  "^^y  r^r 

,  •  x:        1  1        1  /-•  '  ■'  P^''  cent 

lies  are  tixed  by  law,  seventv-five  ])er  cent,  of  the  amount  for  "^ ''•'''"'^^'s 
wjiieli  service  iias  actually  been  rendered  at  the  date  of --aid  nav-*'""'  ^-cgisia- 

,   .  •  /»      '   1  i:     •/     tors  wnthout 

nient,  taking  receipts  for  the  same,  which   shall  he  his  vouchers ''■''"■'"'^'• 
and  offsets,  to  Executive  warrants  for  said  salary,  and  may  also 
pay  members  of  the  General  Assembly  in  the  same  way,  when 
their  accounts  are  duly  audited,  unless  prevented  by  the  resolu- 
tion of  either,  or  both  branches  of  the  General  Assembly. 

10.  He  shall  annually  report  to  the  Governor,  the  amount  of  a^'icportlo 
the  State  debt,  bearing  interest  for  each  vear,  distinguishing  be-m.r'^^hr" 
tweeu  the  sterling  bonds,  if  any,  and  federal ;  the  rate  per  cent.  "LTof  th"' 
paid  upon  each  kind  of  bonds;  the  amount  u].on  each  rate  paid  ;  ^"^"' *''*'''• 
also  the  exchange,  if  any,  and  the  aggregate  amcamt  of  interest 

paid  in  each  year,  and  the  amount  due  and  unpaid  at  each  semi- 
annual payment,  and  the  reasons  for  such  non-payment. 

11.  When  he  pays  the  interest  or  principal  of  the  State  debt,  ?i"^t deposit 
upon  a  warrant  issued  in  his  favor,  he  shall  deposit  in  the  Exec- ""^'^''''ffi^^r 

T.+i',.,-K  ^fii  1  1  1  .    -.       ,  coupons  or 

utne  otUce,  coupons  or  bonds,  on  Avhich  the  payments  are  made,^""''"- 
there  to  l)e  marked  ]>aifl  and  tiled  away,  subject  to  ^he  order  of 
the  General  Assembly. 

12.  He  shall  not  pay  any  appropriation  due    and  not  called  i^'^f  j^^.tp^y 
for,  within  six  months  after  the  expiration   of  rlie  political  year  *"'"'«"""t'' 
101  Miiich  it  IS  appropriated,  but  it  reverts  to  the  general  fund  in  7;'^^"  .^ 
the  Treasury.  ^  ^"'"  ™'^' 

13.  All  reports  required  to  be  made  to  the  Governor  bv  the  •^"rP"'"l' 

rp  1      n   1  T  •  inaclo  to  the 

lieasurer,  shall  be  made  annually,  on  or  before  the  15th  of  Oc- j;:');',;:;!'""  ^° 
tober,  and  shall  be  iiled'in  his  office,  and  by  him  laid  before  the  Gen-  ' 
eral  Assembly,  in  connection  with  his  first  Annual  Message  there- 
after. 

§90.  The  Governor  may  exercise  a  general   superintendence  Troasurer-s 
over  the  office  of  State  Treasurer,  not  inconsistent  M'ith  the  pro-iectloGo'v- 
visions  prescribed  for  it  by  law,  and  may,  at  anv  time,   appoint  ^i'n^"" 
some  competent  person  to  examine  into  the  state  of  such  office  oovcmor 
for  any  jHM-iod  of  time  he  may  designate,  and  report  its  condition  :ji.;^;,7;f^o 
to  him,  and  shall  have  power  to  recpiire  of  such  Treasurer,  to!;;;* 
Mdthdraw  the  public  funds  from  any  place  of  deposit  deemed  un- 
safe bv  him.  Treasurer 


rosiprninf 


§91.  If  the   Treasurer  resign,  or  is  iTmoved,  he  must,  M'ithin  ;;?^j['hX 
ten  days  thereafter,  state  Iiis  accounts,  and  deliver  the  books,  pa-li^y 


suc- 
cessor in  ten 


$Q  PT.  1.— TIT.  3.  CHAP.  3.— Executive  Department. 

Article  2. — The  State  Treasurer. 

mu^t'record  P^^"^  ^^^  monej  of  tliG  Treasury  to  his  successor,  taking  liis  re- 
ami'r™eipt  ccipt  thercfor,  and  the  Comptroller  must  record  a  statement  of 
inhisoflice.  c,\iq}i  settlement  and  receipt,  in  his  office,  and  report  the  same 

fortliM'ith  to  the  Governor. 
HowTreas-       §  92.  If  the  Treasurer  fail  to  comply  with  the  provisions  of  the 
-svith  who'    i^recedinc^  section,  or  if  he  dies,  absconds,  or  absents  himself  with- 

fails  to  settle -^  ~  '  '  i  .  t  t         ^  ti 

wthsucces-  out  sumcient  cause,  tor  as  long;  as  thirty  days,  the  Comptroller, 

or,  or  absents  .    .  '  .        .    ^        _^  .7  ./    '  i  7 

himself.       alter  giving  ten  days  notice  by  publication  in  some  public  gazette 
at  the  seat  of  Government,  must  proceed,  and  in  the  presence  of 
any  i>ersoii  wlio  may  appear  in  behalf  of  the  late  State  Treasur- 
er, to  state  his  account  and  deliver  the  books,  papers,  money  and 
all  other  appurtenances  of  the  office,  to  his  successor,  taking  his 
receipt  therefor,   and  record  and  tile  such  statement  and  receipt 
in  his  office,  and  report  forthwith  to  the  Governor, 
book  of  state      §  ^^-  The    Treasurer   shall  keep  a  book,  in  Avhicli  he  shall  re- 
thdrpay-'^    cord  a  description  of  all  the  bonds  heretofore  or  hereafter  issued 
ment.         |^-^,  ^j^jg  State,  and  in  said  book  shall  note  all  bonds  paid,  and  the 
date  of  payment,  and  all  coupons  paid  on  each,  and  the  date  of 
their  payment. 


ARTICLE  III. 

OF  THE  COMPTROLLER  GEXERAL. 


Sectio.v. 

94.  Comptroller's  bond. 

95.  His  rights  and  duties. 

96.  His  duties  specified. 

97.  Annual  Report  to  the  Governor. 

98.  His  authority. 

99.  Improvements  in  revenue  laws. 
100.  Book  of  appropriations  and  warrants. 


Section. 

101.  Bonds  of  Tax  Collector  and  Receiver. 

102.  Must  give  copies  of  office  papers. 
10.3.  DeUvery  of  office  to  successor. 

104.  Additional  fees. 

105.  Additional  duties. 

lOG.  Shall  not  speculate  in  wild  lands. 


Bond  of  ^  94,  The   Comptroller  General  must  give  a  bond  conditioned 

Comptroller         "  ^  -,  i' 

General.      tlic  saiuc  as  that  of  tlic  Secretary  of  State,  for  the  sum  ot  twen- 
ty thousand  dollars,  subject  to  the  same  rules  and  regulations. 
His  rights        8  95_  jjig  rig-hts  and  duties  are  the  same  as  those  of  the  Secre- 

and  duties.  <J  o 

tary  of  State,  set  forth  in  sections  84  and  85,  except  the  use  of 
the  Great  Seal.     He  shall  receive  no  perquisites  for  any  official 
act,  but  the  fees  prescribed  shall  be  collected  l)y  him  and  paid 
into  the  State  Treasury, 
an  account  of     §  ^♦^^  I^  is  morcovcr  the  duty  of  the  Comptroller  General — 

1.  To  keep  an  account  showing  the  several  appropriations  au- 


appropna 
tions. 


FT.  1.— TIT.  3.— CHAP.  3.— Executivk  Depari-ment.  27 

Article  3. — The  Comptroller  General. 

thorized  by  law,  the  time  when  the  same  are  drawn  from  the 
Treasury,  in  whose  favor,  and  to  wliat  fund  charged. 

2.  To   countersign  all  warrants  upon  the  Treasury,  drawn  by  countersign 

~  -^  .   ;■  .    ^^•arrants  on 

the  Governor.  the  Treasury 

3.  To  audit  all  accounts  a":ainst  the  State,  and  allow  or  reiect  ^^»st  audit 

~  '  "  accts.  against 

the  same  before  they  arc  submitted  to  the  Governor.  the  state. 

4.  To  examine  all  the  digests  of  Tax  Returns  forwarded  to  his  fn"  a*nd'^^"\" 
office  by  the  several  Receivers,  and  note  and  correct  all  mistakes  "e^t^'^  ^^' 
therein,  and  notify  the  Collector  of  such  corrections. 

5.  To  settle  with  and  ascertain  the  amounts  due  from  all  Tax  ^j^^^^x  coi- 
Collectors,  and  all  other  persons  indebted  to  this  State,  and  give  kepp^^jcount 
certificates  of  the  amounts  due,  before  the  same  are  paid  into  the"^  ^''^  ^™^' 
Treasury,  and  keep  an  account  showing  the  amounts  thus   paid 
therein. 

0.  To  collect  all  amounts  due  from  defaulting  Collectors  of  Tax-  Fs"Emm  * 
es,  and  issue  execution  therefor,  against  them  and  their  securi- 'jax'coiifc- 

1  •  tors. 

ties. 

7.  To  see  that  no  draft  or  warrant  be  countersigned  by  him,  to  Omptroiier 

.  1    ,        T         .  ,  11  andTrcasur- 

be  paid  out  ot  any  ai)pr(ti>riatc(l  lund,  alter  the  same   has   been '■'• 'iai'i<- f^r 

.'  .  n   •  1  ""  nionies 

exluiusted,    and  in  such  case,  or  in  any  case  of  illegal  payments  i""'! ""  ^ar- 

"^  _  ~        ••     "^  rants  im- 

from  the  Treasury  upon  warrants  countersisrned  by   the   Comp-  properly 

"        •"■  ....  countersign- 

troller,  he,  as  well  as  the  Ti'easurer,  with  all  tlieir  securities,  are^*^- 
jointly  and  severally  liable  upon  their  several  bonds  for  the  repay- 
ment of  such  amounts,  with  all  expenses  of  prosecution,  to  the 
State. 

8.  To  issue  his  draft,  payable  to  the  Treasurer,  for  the  amounts  ^''U']"^'!" 

'  I     ^'  '  draft  for  tax- 

of  all  dividends  or  taxes  due  by  chartered  Banks  in  this  State,  or  ?f  '^"<'  %^^\ 

J  '         Hanks,  u  not 

by  the  agencies  of  foreign  Banks,  and  on  failure  to  pay  the  same,  J^^'ecnUon" 
to  issue  Execution  therefor. 


sliall  rc- 


9.  To  re-ceive  and  keep  safely,  and  collect  all  e\'idences  of  debt  ".-V^'"^,, 
due  to  the  State,  from  any  other  source  than  taxes,  and  pay  over  ™";'"p^y "„ 
the  same  to  the  Treasurer  as  soon  as  received.  Treasurer. 

10.  To  notify  the  Attorney  and  Solicitors  General,  or  any  oth- "^:  "^"ye; 

'I  u  7  ,/  quire  report 

er  Attorney  in  his  discretion,  of   all  executions  against   default- [J"','"^^  ;^j']"^;j 
iug  Tax  Collectors,  and  require  of  them  annually  a  report  of  the  ^^^^""^  ^'■'"' 
state  or  condition  of  such  executions,  prior  to  the  session  of  each 
General  Assembly. 

11.  To  keep  a  book  in  which  to  enter  all  bonds  taken  since  thel'<>"k  "f. 

^  ^  bonds  since 

third  day  of  March,  1850,  and  to  file  the  orisnals  in  his  ofiice.      i^56,  ami;fiie 

''  _  _  ~  _     originals. 

12.  To  have  made  suitable  indexes  to  the  record  books  in  his  shaii  cause 

_,  books  to  be 

OlllCe.  indexed. 


28  PT.  1.— TIT.  3.— CHAP.  3.— Executive  Department. 


Article  3. — The  Comptroller  General. 


Mnst  audit 
accounts. 


13.  To  audit  the  accounts  of  all  agents  disbursing  public  money- 
Shall  aunu-       §^'^-  To  make  a  report  annually  to  the  Governor,  showing — 
thJGcfve"*'      1-  ^1^  account  current  from  his  books,  between  the  Treasurer 
^^^'  and  the  State,  of  all  receij)ts  and  payments,  including  amounts 

paid  on  the  drafts  of  the  President  and  Speaker,  as  reported  to 

him  by  the  Treasurer. 
byTaT''^        ^-  A  statement  of  the  taxes  paid  to  the  State  by  each  of  the 
county.        counties,  as  appears  by  the  Digest   thereof,    and   the   counties 

whose  collectors  are  in  default,  and  the  amount  of  such  default. 
Debts  duo  to     3.  A  statement  of  all  evidences  of  debt  due  the  State,  and  un- 

the  State.  n  t  • 

collected,  which  may  remain  in  his  office,  the  condition  of  the 
same,  the  name  of  the  Solicitor  or  Attorney  having  it  in  charge, 
and  his  report  of  it. 

Educational  4^  ^  statement  of  the  Educational  Fund  of  the  State,  its  an- 
nual income,  the  amounts  paid  out,  when  and  to  whom. 

Public  Debt.  5.  A  statement  of  the  condition  of  the  Public  Debt  of  the 
State,  the  amount  of  interest  paid,  and  the  fund  from  which  paid. 

monT^A  tf  ^'  ^  statement  of  the  accounts  of  all  officers  and  agents  dis- 
bursing public  money,  and  the  names  of  such  as  have  failed  to 
comply  with  the  laws  relating  to  their  offices  and  appointments, 
and  the  several  sums  for  which  they  are  in  default. 

Salaries  And        w     rm  1       •  ••  ^n>i  iir>i 

pay  of  offi-       7.   Ine  salaries  and  pay  01  all  officers  ot  the  State. 

Incidental         8.  The  incidental  expenses  of  the  General  Assembly,  Execu- 

ifelishiture.  tive  aud  Judicial  departments. 

onTontracts.      ^^-  ^^^  ^ums  paid,  or  due  to  individuals  by  special  contract. 

§  98.  He  has  authority — 
business.  1.  To  Settle  uj)  the  business  of  the  office  for  previous  years. 

^w*'comm?s-  2.  To  allow  Keccivers  and  Collectors  of  Taxes  their  Commis- 
coilecrors  &sions,  and  to  balance  the  Tax  Books  and  other  books  of  the  office 
thenf.  '"  upon  satisfactory  proof  of  payment  or  settlement. 
^aiATaxlT  ^-  '^^  collcct  all  Unpaid  taxes  of  previous  years. 
He™^s"s-  §  99.  In  his  Annual  Eeport  the  Comptroller  General  shall  sug- 
m  Ke™mie  ^^^^  ^^^*^^^  improvements  in  the  Revenue  Laws  as  his  experience 
Laws.         and  observation    may  approve.     His   Report  must  be  made  at 

the  time  the  Treasurer's  is,  and  likewise  communicated  to  the 

General  Assembly. 
Musticeep        §100.  He  luust  IvCcp  ill  his  office  a  well  bound  book,  in  which 

books  01  an-        ^  ^  ' 

^J^^^'^.'^PP'"";^  shall  be  entered  in  alphabetical  order,  the  full  amount  of  all 
^^''J'^^^^^^^"  annual  appropriations,  setting  forth  the  amounts  under  their 
Condition  of^^^^^^^'"^^  heads,  all  warrants  that  he  may  check  and  pass,  together 
the  state,     ^yj^]^  |]^g  f^j^^|  q^^  wliicli  it  is  drawu,  the  time,  amount,  and  in 


FT.  1.— TIT.  3.— CHAP.  3.— Executive  Department.  29 


Article  3. — The  Comptroller  General. 


whose  favor  drawn,  and  make  all  entries  necessary  to  a  true  ex- 
hibit of  the  finances  of  the  State. 

§101.  He  must  keep  a  hook  in  which  to  enter  all  bonds  taken  Mnst  keep 
of  Tax  Collectors  and  Receivers,  and  keep  the  same  on  file  in  his  collector  & 

.  .  Receiver's 

ofiice.     He  shall  collect  all  unpaid  taxes  ot  previous  vears  at  aP"n'^^   and 

.     ,  ,  11        ''  file  originals. 

compensation  of  five  per  centum  on  the  amount  collected. 

^102.  He  must  certifv  under  his  oflicial  seal  at  all  times  when  ^"*t give 
"  ^  •'  .  copies  of  pa- 

necessary  for  the  public  use,  and  on  application  and  payment  of  p^""*- 

his  legal  fees  therefor,  for  jirivate  use,  copies  of  any  papers  kept 

in  his  office. 

§103.  If  the  Comptroller  resigns,  or  is  removed,  he  must  im-M«st  settle 
mediately  state  his  account,  and  deliver  everything  pertaining  to  w)'r,'anjr^dl- 
liis  office  to  his  successor;  or  if  he  dies,  absconds,  or  absent  him- everything 
self  for  as  long  as  thirty  days  M'ithout  tlie  Governor's  permission,  Sis  otiice. 
the  Governor  may  without  delay  declare  the  office  vacant,  supply  when  office 
his  place  by  appointment,  examine  the  condition  t»f  his  office  S(Wa-^^ 
and  deliver  over  to  the  appointee.  *^° 

§  101:.  He  shall,  in  addition  to  his  salary,  have  ten  per  cent,  on  Additional 
all  sums  he  may  collect,  except  for  taxes,  which  necessarily  was  '^**' 
the  duty  of  a  predecessor  to  collect,  and  which  M'as  not  done. 

§  105.  The  Comptroller  General  must  make  out  for  the  use  of  ,^}!t''mu8r" 
the  General  Assembly —  '=°°**'°- 

1.  A  table  containing  tlie  taxable  property  and  other  items  on 
the  Tax  Digest  of  each  county  for  the  year  in  which  he  makes 
his  Annual  lieport. 

2.  A  table  annually  of  the  polls  in  each  county  for  the  year 
immediately  preceding  his  Report — the  number  of  voters  in  each 
county  at  the  general  election  next  preceding  his  Report — the 
number  of  children  in  each  county  returned  for  participation  in 
the  Educational  Fund  and  the  amount  drawn  by  each  county 
from  said  fund — the  amount  drawn  by  each  county  for  pay  of 
members  of  the  General  Assembly — the  total  amount  drawn  by 
each  county  from  the  Treasury  and  tlie  total  amount  of  net  tax 
paid  into  the  Treasury  for  the  year  preceding  by  each  county. 
Also,  to  furnish  such  other  statistical  information  connected  with 
his  office  as  may  be  useful  to  the  General  Assembly.  The  An- 
nual Reports  of  said  officer  and  of  the  Treasurer  must  contain 
only  the  available  funds  or  cash  in  the  Treasury  as  the  balance 
therein.  They  are  also  required  to  report  separately  and  under 
the  head  of  "  Assets  belonging  to  the  State,"  all  Bank  or  Rail- 
road Stocks  or  Bonds,  or  other  assets.     The  State  Road  to  be 


30 


PT.  1.— TIT.  3.— CHAP.  3.— ExECFm-E  Depaetment. 


Article  3. — The  Comptroller  General. 


reported  "svitliont  any  stipulated  value.  Sucli  officers  are  author- 
ized to  make  sucli  transfers  or  alterations  on  tlieir  books  as  are 
necessary  to  comply  witli  tlie  preceding-  section.  The  items 
"Darien  Bank  Bills,"  Western  and  Atlantic  Railroad  script  and 
nncurrent  funds  hitherto  reported,  must  he  sealed  up,  remain  in 
the  Treasury  and  be  left  out  of  all  future  Annual  Reports  of 
said  officers. 

§  106.  He  shall  not  directly  or  indirectly  be  interested  or  en- 
wiiii  iands.   g'aged  in  the  purchase  and  sale  of  wild  lands  on  speculation,  on 
pain  of  removal  by  the  Governor,  or  the  General  Assembly. 


Shall  not 
speculate   in 


ARTICLE  ly. 

OF   THE   SURVEYOR   GENERAL. 


Sectiox. 

107.  Surveyor  General's  bond. 

108.  His  ris-hts  and  duties. 


Sectiox. 

109.  Other  duties. 

110.  Shall  not  speculate  in  wild  lands. 


His  bond.         §  107.  The  Surveyor  General  must  give  a  bond  conditioned  the 

same  as  that  of  the  Secretary  of  State,  and  for  the  same  sum, 

subject  to  the  same  rules  and  regulations. 
General's         §  l^S.  His  riglits  aiid  duties  are  the  same  as  those  of  the  Se- 
li'J-^to^ecTC- cretary  of  State  set  forth  in  sections  84  and  85,  except  the  use  of 
tary  o  State,  ^-j^^  Great  Scal.     He  shall  receive  no  j^erquisites  for  any  official 

act,  but  the  fees  prescribed  shall  be  collected  by  him  and  paid 

into  the  State  Treasury. 

§  109.  It  is  moreover  the  duty  of  the  Surveyor  General — 

1.  To  keep  safely  all  the  records  of  plats  of  land  granted,  and 
to  report  the  condition  of  such  records  to  the  Governor  at  least 
once  a  year. 

2.  To  record  all  plats  of  land  legally  authenticated  and  re- 
turned to  him  by  the  several  County  Surveyors,  or  other  Sur- 
veyors, acting  by  authority  for  which  grants  are  sought,  and  to 
furnish  the  originals  thereof  to  the  Secretary  of  State,  to  be 
attached  to  the  grants. 

3.  To  keep  in  his  office  correct  maps  of  all  the  different  sur- 
d^stricts.^"*'  ^^7^  (made  by  State  authority)  and  of  those  comprising  the  land 

lotteries,  tlieir  divisions  into  numbers,  districts,  sections  and  the 


&c. 


Must  keep 
records  of 
plats  and 
grants  and 
report  to  Go 
vernor. 


Must  record 
plats  and 
furnisli  orig- 
inals to  Se- 
cretary of 
State. 


Must  keep 
maps  of  all 


Must  keep 
register  of 
grantees,  &c. 


like,  having  for  every  district  a  separate  map. 

4.  To  keep  a  register  of  the  various  grantees  thereto,  and  the 
dates  of  the  grants. 


<C2 


PT.  1.— TIT.  3.— CHAP.  3.— Executive  DEPARXiiENx.  31 


Article  4. — The  Surveyor  General. 


5.  To  keep   correct   maps  of  all   surveys  of  rivers,    li arbors,  ^jj;^'^^^!;^^^^^. 
swamps  or  land,  made  by  the  special  direction  of  the  General  HTcrs!*hai- 

.  11  bors  and 

Assembly.  swamps. 

6.  He  shall,  when  necessary  contract  for  the  execution  of  'it^^v  J;["^>;J|^ay^e 
maps,  or  tlio  re-execution  of,  or  repairs  of  old  maps  subject  to  ™j'';;->n'i^^ 
the  ratification  of  the  General  Assembly.  '''■''''''• 

7.  He  must  ccrtifv  under  his  official  seal,  as  the  Comptroller  Must  piye 

'  -^  copies  of  pa- 

General  is  directed  in  Section  102.  i"""*- 

§110.  He  shall  not  directly  or  indirectly  be  interested  or  en- ^•>'»i]^jj^'jt  .^ 

gaged  in  the  purchase  aiul  sale  of  wild  lands  on  speculation,  on'*"'' 

pain  of  removal  by  the  (irovernor,  or  the  General  Assembly. 


1  lands. 


CHAPTER  lY. 

OTIIKR   OFFICERS   CONNECTP^D  WITH  THE  EXECUTIVE  DEPARTMENT. 

Article  1.  State  Librarian. 

Akticle  2.  Governor's  Messenger  and  State  House  Guard. 


ARTICLE  I. 

STATE  LIBRARIAN. 

Section.  1  Section'. 

111.  Librarian's  l)ond.  IIG.  He  must  take  and  file  receipts.  Au". 

112.  He  must  keep  the  State  Lilirary.  117.  He  must  exchange  for  reports,  kc. 

113.  He  must  preserve  the  book.s,  &c.  118.  His  office  is  subject,  &c. 

114.  He  shall  distribute  the  laws,  Ac.  119.  He  must  deliver  contents  of  office. 

115.  Ho  must  keep  a  catalogue  of  books.] 

^111.  The  Librarian  must  give  a  bond  in  tlie  sum  of  two  ^^®[  "^^"'^ 
thousand  dollars,  with  good  security,  payable  to  the  Governor 
and  his  successors  in  office,  conditioned  for  the  faithful  perform- 
ance of  his  duty  as  State  Librarian. 

§112.  The  Library  belonging  to  this  State  with  such  additions  j^,^,]J^|,„^JiP 
as  may  l)e  hereafter  made  from  an}'-  quarter,  together  with,  all  ^''^™'"y- 
copies  of  the  laws,  journals,  or  other  books  published,  or  pur- 
chased by  the  State,  shall  be  kept  in  appropriate  apartments  at 
the  Capitol  building  designated  by  the  Governor,  under   such 
rules  and  regulations  as  he  may  from  time  to  time  prescribe. 

§113.  It  is  his  business  to  preserve,  keep  in  order,  and  protect  ^lust  pro- 
said  Lilirary;  to  keep  the  same  open  for  the  inspection  of  '^ll^°^t';®gy.^° 
citizens  of  the  State,  and  to  discharge  such  other  duties  in  con-jecttotho 

'  o  inspection  or 

nection  with  the  Lil)rary  as  may  be  required  of  him  by  law,  or""^'^'^^- 
the  Governor  of  the  State. 


32  PT.  1.— TIT.  3.— CHAP.  4. — Executive  Department. 


Article  1. — State  Librarian. 


Shall  distri-     §  114.    The  distribution  of  the  Laws  and  Journals,  Reports  of 

Dute  Laws  "  ^  '  -^ 

and  Journals  ^l^g  Supreiiie  Court  Decisioiis,  Laws  of  the  Confederate  States,  and 

and  other  i  '  ' 

books.         j^ij  other  books  required  to  be  distributed  to  the  several  counties 
(of  the  State)  or  to  be  sent  to  other  States,  shall  be  made  bj  the 
Librarian  under  the  direction  of  tlie  Governor  in  pursuance  of 
the  provisions  of  the  law  in  respect  thereto, 
rataiogue^of     §  115.  He  shall  make  out  and  keep  on  hand  a  catalogue  of  all 
books.         ^1^^  books  in  the  Library,  to  be  amended  without  unnecessaiy 
delay  from  time  to  time,  as  he  may  obtain  new  books,  or  di&pose 
of  old  ones,  which  shall  be  printed  and  kept  in  liis  office  in  two 
or  more  conspicuous  places. 
Must  take         §116.   It  is  liis  dutv  to  rcccivc  from  the  State  Printer  the 
cciptsfor      Laws  and  Journals,  and  when  distribution  is  made  to  the  various 
distributed,  couiities,  to  take  from  Clerks  of  Courts,  or  other  distributees, 
their  receipts  therefor,  likewise  all  other  books  required  to  be  dis- 
tributed.    He  must  receive  and  take  receipt  on  the  distribution,, 
and  keep  in  his  office  a  file  of  such  receipts. 
Must  effect       S 117.  He  must  correspond  with  the  proper  authorities  of  otlier 

exclia.ii*^6  of 

Reports  with  States  wlio  publisli  the  reports  of  their  hio-hest  appellate  tribunal, 

other  States.  ^  1      .  <>  Vi  r^ 

with  a  view  to  exchange  theirs  lor  our  Supreme  Court  reports. 
His  office  §118-  His  office  is  under  the  general  supeiwision  of  the  Gov er- 
the^Gover-  iior,  wlio  luaj  at  any  time  appoint  a  competent  person  to  exam- 
vSon!"^"  ine  into,  and  report  its  condition,  to  him. 

Must  deliver     §119.  If  tlic  Librarian  resign  or  be  removed,  he  must,  within 

contents  of  ten  dajs  thereafter,  deliver  the  books,  papers,  and  other  contents 

cesser.        of  liis  officc  to  his  successor,  taking  his  receipt  therefor,  which 

must  be  filed  and  recorded  in  the  Executive  office,  and  if  there  is 

any  deficiency  in  the  books  received  by  him,  or  other  damage 

done,  the  Governor  shall  have  suit  l)rought  on  his  bond. 


APwTICLE  II. 

GOVERNOR'S  MESSENQER  AND  STATE  HOUSE  GUARD. 

Sectiox.  I  Section. 

120.  Governor's  Messenger.  j    123.  Capitol  Giurrts,  their  duties. 

121.  His  duties.  '    124.  Number  may  be  diansjed. 

122.  Appointment  of  Special  Messenger. 

Governor         8120.  The  Govcmor  may  in  his  discretion,  as  the  exigency 

may  appoint        ^  _"  -nr  nT-''T\  c  '' 

Messenger    mav  rcquiro,  appoint  a  Messenger  to  the  Executive  Department,, 

ttvc  Depart-  qj.  havo  that  duty  performed  by  some  other  employee  about  the 

State  House,  engaged  by  him  under  the  general  authority  granted 


PT-  1- — TIT.  3. — CHAP.  4, — ExEcuxrvE  Department.  33 


Article  2. — Governor's  Messenger  and  State  House  Guard. 


to  liim,  and  mIicii  so  performed,  it  iniist  be  done  without  addition- 
al coinpensatioii. 

§121.  AVlien  there  is  a  Messenger,  lie  shall  perform  such  du- Duties  of 
ties  for  the  Executive  office,  the  other  offices  in  the  State  House,  ^"*^"^^- 
and  such  other  service  connected  Avith  the  State  business  at  the 
Capitol  as  the  Governor  shall  prescribe,  and  be  governed  bv  such 
rules  and  regulations  as  he  may  adu})t. 

§122.   When  there  is  no  Messenger,  the   Governor   may,   ifoovernor 
occasion  should  require,  employ  some  person  to  perform  any  spe- perLnsXr^ 
cial  service,  for  a  reasonable  compensation,  such  as  is  the  dutv  of  ^^ce.'''  *"" 
the  Messenger  to  perform,  but  which  cannot  be  performed  by  the 
person  acting  as  such. 

§123.  The  Governor  shall   appoint  a  Guard  for  the  Capitol  <;'>='.'-d  of 
buildings,  including  the  Captain  of  the  Guard,  whom  he  shall  thdr*°dut"ei 
designate  as  such,  whose  business^it  shall  be  to  remain  in  said 
buildings    from    sundown    until    sum-ise    of  the  next  dav,  everv 
night  in  the  year,  and  on  Sundays  and  holidays,  to  keejp  watcli 
over  the  same  and  protect  them  from  tire  or  intruders. 

§124.  The  Governor  has  power  to  keep  the  number  of  said  Number  of 
Guard  full,  when  lessened  by  Providential  or  other  cause,  and  uoTbang"! 
adopt  such  rules  and  regulations  in  regard  to  them,  as  in  his 
judgment  the  public  service  may  demand. 


CHAPTEP  Y. 

IJKNERAL  REGULATIONS.  AS  TO  ALL  OFFICERS  AND  OFFICES. 

Article  1.  Of  eligibility,  qualifications,  and  commissions. 

Article  2.  Official  oaths. 

Article  3.  Official  bonds,  and  herein  of  discharging  sureties. 

Article  4.  Of  delivery  of  Books,  etc.,  to  successor. 


ARTICLE  I. 

OF  eligibility,  QUALIFICATION,  AND  COMMISSION  OF  OFFICERS 
AND  VACATION  OF  OFFICES. 
Section. 


125.  Persons  ineligible  to  civil  office. 

126.  When  ineligible,  the  next  highest. 

127.  Persons  elected,  failing  to  (lualify. 

128.  Residence,  seal,  and  tenn  of  office. 

129.  Commissions  muler  Great  Seal. 


Section. 

130.  Commissions  under  Executive  Seal. 

131.  When  civil  offices  are  vacated. 

132.  Vacancy  in  Executive  office. 

133.  Resignations  sent  to  the  Governor. 


U  PT.  1.— TIT.  3.— CHAP.  5.— Executive  Departmekt. 

Article  1. — Eligibilit}-,  Qualification  and  Commission  of  Officers,  and  Vacation  of  Offices. 

dt-iWe^o""       §  ^^^-  Tlie  following  persons  are  held  and  deemed  ineligible 

office.         ^Q  j^^l^^l  r^^^y  ^.-^y^Y  office  in  this  State,  and  the  existence  of  either 

of  the  following  state  of  facts,  is  a  snfficient  reason  for  vacating 

any  office  held  hj  such  person ;   but  the  acts  of  such  person, 

while  holding  a  commission,  are  valid  as  the  acts  of  an  officer  de 

facto^  viz : 

Minors.  1.  Persons  who  are  not  citizens  of  this  State,  nor  of  the  age  of 

twentj-one  years  or  upwards. 

Those  hold-      2.  All  holders  or  receivers  of  pul)lic  monev  of  this  State,  or 

ing  and  re-  ^  "  ^  ■ 

fusing  to      j^jiy  county  thereof,  who  have  refused,  when  called  upon,  or  failed 

pay  over  ^  j  '  7  x         ' 

public         after  reasonable  opportunity,  to  account  for,  and  pay  over  the 

same  to  the  proper  officer. 
Felons  of         3.  Auv  pcrsou  couvicted  and  sentenced  finally  for  any  felony, 

moral  turpi-  ,  ,       ,  ,^     i   •  i  o  •  i     •  i  • 

tude.  under  the  laws  ot  tins,  or  any  other  State,  involvmg  moral  turpi- 

tude, the  offence  being  also  a  felony  in  this,  unless  restored  by 
a  pardon  from  the  proper  Executive,  under  the  Great  Seal  of 
the  State,  to  all  the  rights  of  citizenship. 

Confederate      4,  Persous  lioldina;  any  office  of  profit  or  trust  under  the  Gov- 

States  offl-  fn         ./  J. 

cers,  or  ofii-  emment  of  the  Confederate  States,  (other  than  that  of  Post  Mas- 

cers  under  '    ^ 

other  States,  -j-gj.-^  q^  Qf  either  of  the  several  States,  or  of  any  foreign  State. 
Persons  in-       5.  Persous  of  uusound  mind,  and  those  who  from  advanced  age, 
^Morin-    ^^.  l^odily  infirmity,  are  nnfit  to  discharge  the  duties  of  the  office 

to  which  they  are  chosen  or  appointed. 
Those  whoso      6.  Tliosc  wlio  liavc  uot  been  inhabitants  of  the  State,  County, 

term  of  res-  -  .       ,  ^  •     -,  •       i     i  ^         /-i  •         • 

idence  is  in- District,  or  Cn-cuit  for  the  period  required   by  the  Constitution 

complete.  .       ,,  i  J 

and  Laws  of  this  State. 
Those  other-      7_  j^w  persoiis,  fVom  auy  cause  Constitutionally  disqualified. 
qualified.      j^\\  officers  are  eligible  to  re-election  and  re-appointment,  and 
All  officers    to  hold  otlicr  officcs,  uiiless  expressly  declared  to  the  contrary 
re-eligible.    ^^  ^^^^  Constitution  or  Laws. 
The  person       i^  126.  If  at  aiiy  popular  election  to  fill  any  office,  the  person 

having  next  ,.,,.     .-.it  ii'  •  i  ii  i 

highest  vote,  elected  is  ineligible  under  the  foregoing  rules,  the  person  having 

to  an  ineli-  "  .  n         •         t     m  i  i 

gibieeandi-  the  uext  highest  iiumber  ot    votes,  who  is  eligible,  whenever  a 

date  is  elect-  ^  ^  »^  ^ 

ed,  if  plural-  plurality  elects,  shall  be  declared  elected,  and  be  qualified  and 

commissioned  to  such  office. 
A  person  §127.  Pcrsoiis  wlio  after  an  election,  fail  to  comijly  with  all 

elected,  and         "  ... 

failing  to      the  pre-requisites  of  the  law,  in  order  to  obtain  commissions  or 

ob tarn  com-  -I  i  '  .-,..,-, 

mission  is    certificates  to  discharge  the  duties  of  the  office,  are  mehgible  to 

ineligible  on  ~  ^ 

the  fouurf   I'e-election  at  the  election  held  by  reason  of  such  failure,  for  the 
same  office. 

§  128.  All  officers  of  this  State  must  reside  therein  at  such 


PT.  1.— TIT.  3.— CHAP.  5.— ExEcuTHE  DEPAK-niEXT.  35 

Article  1. — Eligibility,  Qualification  and  Commission  of  Officers,  and  Vacation  of  Offices. 

places  as  are  designated  by  law,  and  discharge  the  duties  of  their  ^^^j^resido 
office  until  their  successors  are  commissioned  and  qualified ;  and In^'^ifowof-' 
all  officers  whose  certificate  of  records,  or  other  papers,  are  ad-  guooosssor  is 
missible  in  evidence  in  any  Court  in  this  State,  must  have  and  ^niVnni't 
keep  an  official  Seal.  -wiicn!^"''^ 

§129.  The  following  officers  must  be  commissioned  with  the  what  oai- 

^,  o       1      i>     1       o       "^  11  •  IT  1       /-1  cersmustbe 

(jrreat  Seal  ot  the  State  annexed  thereto,  signed  bv  the  (Tovernor,  commission- 
and   countersigned   bv   tlie    Secretary    oi    State,  viz  :  Senators  Great  seai 

1-r.  •  */-,  XI  n      ^         r^  _  of  the  State. 

and  Kepresentatives  in  Congress,  Judges  of  the  Supreme'  and 
Superior  Courts,  Attorney  and  Solicitors  General,  Reporter  of 
the  Supreme  Court,  Secretary  of  State,  Treasurer,  Comptroller, 
and  Surveyor  General,  and  all  Military  officers  of  the  grade  of 
General,  either  of  Division  or  Brigade.  Those  of  all  Federal 
and  Judicial  officers  above  enumerated  must  be  on  parchment. 

§130.  All  other  civil  officers  of  the   State,   or  county,  shall  ^''^J'^^- 
be  commissioned  under  the  Seal  of  the  Executive  Department,  <^';'""\i»s>o°- 

X  ■  0(1  under 

signed  by  the  Governor,  and  countersigned  by  one  of  his  Sccre- ^^^[i^e  ^^I 
taries,  except  Constables,  whose  election  shall  be  certified  by  the  p^'^'"*"^ 
Clerk  of  the  Inferior  Court  of  the  county,  and  such  certificate  shall 
operate  as  their  commission.  All  officers  of  the  Militia,  and  of 
Volunteer  Companies,  Battalions  or  Regiments,  regularly  incor- 
porated, (of  the  grade  of  Lieutenant,  or  higher)  shall  have  com- 
missions under  the  Seal  of  the  Executive  Department. 

§131.  All  offices  in  the  State  are  vacated—  SeVby 

1.  By  the  death  of  the  incumbent.  5!raccorte<i 

2.  By  resignation,  when  accepted,  nsignation; 

3.  By  decision  of  a  competent  tribunal,  declaring  the  office  \^,\^}^' 
vacant. 

4:.  By  voluntary  act  or  missfortune  of  the  incumbent,  whereby  a^t^or  mTs'-"'^ 
he  is  placed  in  either  of  the  conditions  specified  of  ineligibility  dorSn-'"' 
to  office,  which  shall  operate  from  the  time  the  fact  is  ascertained  i""HL'ihio. 
and  declared  by  tlie  proper  tribunal.  bwT'"^ 

5.  By  the  incumbent  ceasing  to  be  a  resident  of  the  State,  or  f,ihn-e^o7  "" 
of  the  county,  circuit  or  district,  for  which  he  was  elected.     In  {""J^lde'"" 
the  first  case,  the  office  shall  be  vacated  immediately:     In  the  lawTequh-es ; 
latter  cases,  from  the  time  the  fact  is  judicially  ascertained. 

C.  By  failing  to  apply  for  and  obtain  commissions  or  certificates,  K^-  ''^"'"'•o  to 

.         „   ,,.  '  1.7,   ""  .         ,  .  obtain  com- 

or  by  failing  to  qualify  or  give  bond,  or  both,  within  tlie  time  pre-  '"i?-'"^".  or 

,  ^  qualifv; 

scribed  by  the  laws  and  Constitution. 

7.  By  abandoning  the  office,  and  ceasing  to  perform  its  duties,  XimL- 
or  either.  "  ^jj:'^^'  "f  *'"' 


36  PT.  1, — TIT.  3. — CHAP.  5. — Exkcutive  DEPAiiXMENT. 


Article  1. — Eligibility,  Qualification  and  Commission  of  Officers,  and  Vacation  of  Offices. 


Howvacan-      §132    The  resignation  of  the  Governor  must  be  transmitted 

cy  in  tho  '-^  "  .  „  .  . 

office  of       -[^y  i^[j^^  l^^  i]yQ  C-reneral  Assembly,  if  in  session  ;  it  not  m  session, 

Governor  J  "^  -'  i  •  /•        i 

™mm!^i-     ^*^  tlie  Secretary  of  State,  who  must,  on  the  same  day  notify  the 

«ated.         President  of  tlie  Senate.     If  the  office  becomes  vacant  by  death, 

or  any  other  cause,  wlien  the  General  Assembly  is  not  in  session, 

the  Secretary  of  State  must  inform  the  President  of  the  Senate. 

In  either  case  the  President  of  the  Senate  when  informed,  shall, 

within  ten  days,  repair  to  the  Capitol  and  take  the  oath  of  office 

before  any  Judge  of  the   Supreme   or  Judge  of  the   Superior 

thlsenato"  Court,  aiid  tlie  General  Assembly  if  in  session,  which  fact  shall 

quaufy,  the  ^e  entered  on  the  minutes  of  the  Executive  Department.     If  he 

the  House    clocs  iiot  SO  appear  in  said  time,  he  shall  be  considered  as  having 

must  be  no-  ,        -,  ,•>  ri  i      1 1      i  •  j_i 

tifled.         resigned,  and  the  Secretary  of  State  shall  then,  or  in  case  there 

is  no  President  of  the  Senate,  inform  the  Speaker  of  the  House 

of  Eepresentatives,  and  the  proceedings  shall  be  the  same. 

Whatoffl-         §133.    The  resignation  of  Senators  and   Representatives    in 

communi-    ConOTess,  aiid  members  of  the  General  Assembly,  and  of  all  offi- 

cate  reslsna-  o'  _  ^  ij3»j?cij.  j?Oj.i. 

tion totho  (,gj.g  whose  commissions. issue  from  the  ofhce  of  Secretary  of  fetate 
or  the  Executive  Department,  and  whose  places  may  be  supplied 
by  Executive  appointment,  shall  be  made  to  the  Governor. 


GoTernor. 


ARTICLE  II. 


OFFICIAL  OATHS. 


Section.  |  Section. 

134.  Additional  oath  of  public  odicer.s.  j    139.  ^Indorsement  of  filing. 

135.  Oath  must  siccompany  DedimvJi.  \   140.  Oaths  of  deputies  to  be  filed. 
13G.  Who  may  qualify  officers.  '<    141.  Failing  to  take  and  file  oath. 

137.  Official  oatlis  to  be  filed.  142.  When  acts  are  valid  without  oath. 

138.  Where  to  be  filed. 

Additional        Ri;3i.  All  public  officers,  besides  the  oath  of  office,  and  the 

oath  of  pub-        o  I  nil 

lie  officers.  ^^^]^  prescribed  by  the  Constitution,  (if  any,)  shall  swear  tJiat  he 
is  not  the  holder  of  any  public  money  due  this  State,  unaccount- 
ed for  ;  that  lie  is  not  the  holder  of  any  office  or  trust,  under  the 
Government  of  the  Confederated  States,  (except  Post  Master,)  nor 
either  of  the  several  States,  nor  of  any  foreign  State ;  and,  if  elect- 
ed by  any  circuit  or  district,  that  he  was  a  resident  thereof  for  the 
time  required  by  the  Constitution  and  laws,  (stating  the  time,)  and 
is  otherwise  qualified  to  hold  said  office,  acccording  to  the  Consti- 
tution and  laws  of  Georgia,  and  will  support  the  Constitution  of 
the  Confederate  States,  and  of  this  State. 


PT.  1.— TIT.  3.— CHAP.  5.— ExEODTivE  Department. 


37 


Article  2.— Official  Oaths. 


§135.  The  form  of  said  oath,  as  well  as  the  oatli   of  offioe,  to^°™»' 
be  taken  and  subscribed,  must  be  forwarded  witli  tlic  dedimu/'^'^''^'^ 
pote^tatevu  and  be  taken  and  subscribod  at  the  time  of  receiving'''''""' 
the  commissions,  before  tlie  officer  to  wlioni  the  saine  is  directed! 
and  in  conformity  to  tlie  directions. 

§136.  Wlien  not  otlierwise  provided  bv  law,  and  not  directed  ^^o  ma^ 
in  tlie  dedimus  poteMatem.  the  oaths  of  office  mav  be  taken  be-oS. 
fore  any  officer  authorized  ])y  law  to  administer  an  oath.     Such 
oaths  must  be  written  out  and  subscribed  bv  the  person  taking 
them,  and  accompanied  In-  the  certificate  of 'sucli  officer  specify- 
ing the  day  and  year  wlien  taken. 

§137.  Suchoatlis.  when  taken  by  any  officer  whose  general  whor« of- 
duties  are  not  confined  to  any  one  county,  (unless  otherwise  spe-mt'tbr* 
cially  i>royided,)  must  be  filed  with  the  c(Ttificate  recpiired  by  the'"'" 
preceding  Section,  in  the  Executive  office;  and  when  taken  bv  an 
officer  whose  duties  are  n.nfined  to  one  county,  as  proyjded  in  the 
next  Section. 

§138.  AVIicn  taken  by  the  Justices  of  the  Inferior  Court,  the  whereof. 
Ordinaries  and  the  Clerks  of  the  Superior  Courts,  they  must^tlb^ 
be  filed  in  the  office  of  the  Clerk  of  the  Inferior  Court,  and   also""'"' 
entered  on  the  Minutes  of  their  respective  Courts.     When  taken 
by  Sheriffs,  they  must  be  likewise  filed  in  the  office  of  the  Infe- 
rior Courts,  and  must  be  entered  on  the  Minutes  of  the  Superior 
Courts;  and  when  taken  by  Coroners,  Tax  Collectors  or  Receiv- 
ers, County  Treasurer,  Justices  of  the  Peace  or  Constables,  or  any 
other  county  officer,  they  must  be  fih>d  in  the  office  of  the  Clerk 
of  the  Inferior  Courts ;  and  the  Clerks  of  the  Inferior  Courts,  and 
also  ot  the  Superior  Courts,  when  one  and  the  same  officer,  must 
file  their  oaths  in  tlie  office  of  the  Ordinary,  and  enter  them  on 
the  Minutes  of  tlieir  own  Courts  rcsj)ectiyely. 

^13S».  The  officer,  in  whose  office  such  oaths  are  filed  mustEndo»e- 
endorse  tliereon  the  day  and  year  of  filing.  XnolTcL 

§140.  All  deputies,  before' proceeding  to  act,  must  take  theoath«of 
same  oaths  as  their  principals  take,  which  must  be  filed  in.  anduK.a^e 
entered  on  the  Minutes  of  the  same  office,  and  with  the  same  en- '""■"'"'■ 
dorsement  tliereon,  but  these  provisions  do  not  apply  to  any  dep- 
uty who  may  be  employed  in  ])articular  cases  only.  ' 

§141.  If  any  officer  or  deputy,   required   bv  law   to  take  and  Penalty  for 
file  such  oaths,  enters  u])on  the  duties  of  his  office  without  first  t.^" and  me 
taking  and  filing  the  same  in  the  proper  office,  he  is  guilty  of  a  "' "  "  "' 


olliciul  oath. 


38  FT.  1.— TIT.  3.— CHAP.  5.— Executive  Department. 

Article  2.— Official  Oaths. 

misdemeanor,  and,  on  conviction,  must  be  fined  not  less  than  two 
hundred  dollars. 
Actsofoffi-       §142.   The  official  acts  of  an  officer  are  not  the  less  valid 

cers  TaliQ        ^     '^     _ 

tnthout  the  for  his  omissiou  to  take  and  file  the  oath,  unless  in  cases  where  so 

oath,  unless  ' 

otherwise     specially  declared. 

declared.  ^  -' 


AETICLE  III. 

OFFICIAL  BOXDS,  AND  HEREIN  OF  DISCHARGING    SURETIES  AND  RE- 
QUIRING ADDITIONAL  SURETIES. 


Section. 

143.  The  payee  and  condition,  of  bonds. 

144.  Bonds  must  accompany  dedimus. 

145.  Approval  of  official  bonds. 

146.  Number  and  qualification  of  sureties. 

147.  May  be  signed  by  Attorney  in  fact. 

148.  When  bonds  must  be  filed. 

149.  Certificate  of  failure  to  file  bond. 

150.  Acting  before  fihng  bond. 

151.  Endorsement  of  filing. 

152.  Notice  of  failure  to  file  bond. 

153.  Penalty  for  failure. 

154.  Obhgations  of  official  bonds. 


Section. 

155.  Approval,  filing  and  record  of  bonds. 

156.  Givmg  bonds  to  bo  certified. 

157.  Deputies'  bonds. 

158.  Principal  or  deputy  may  be  sued. 

159.  Bond  when  discharged. 

160.  Officers  liable,  above  penalty  of  bond. 

161.  Validity  of  bonds. 

162.  Damages,    m  suits  on  bonds. 

163.  Future  official  oaths  and  bonds. 

164.  How  sureties  may  be  discharged. 

165.  Officer  faihng  to  give  new  bond. 


Official  g  143.  The  bonds  of  all  public  officers  required  by  law  to  give 

^^^o^.p^J"*- bond,  unless  otherwise  provided,  must  be  made  payable  to   the 

Die  and  upon  '  i  '  it/ 

what  condi-  Qovemor   of  the   State   of  Geora;ia,  and  his  successor  in  office, 

tions.  o     J  5 

with  such  sureties  as  the  approving  Court  or  officer  is  satisfied  is 
sufficient,  and  conditioned  in  all  cases,  in  which  a  different  con- 
dition is  not  prescribed,  faithfully  to  discharge  the  duties  of  such 
office  during  the  time  he  continues  therein,  or  discharges  any  of 
the  duties  thereof, 
oiiiciai  §  144.  Official   bonds  of  all  officers  who  are  entitled  to  com- 

bonds  mnst         ...  i/--.  ni  -I'lj 

be  sent  with  missious  Iroui  the  Cxovemor,  and  who  are  required  to  give  bonds, 
iMtcsiaiem.  must  be  prepared  and  furnished  by  the  Executive  Department, 

at  the  time  of  forwarding  the  dedbnus  ])otcstatein. 
Approval  of      §145,  The  approval  of  all  official  bouds  shall  be  in  w^riting, 
endorsed  on  the  bond,  and  should  show  the  day  and  year  on  which 
the  same  were  approved,   and  shall  not  be  filed  until  thus  ap- 
proved. 
Number  and     §  146.  Sucli  bouds  sliall  uot  bc  approvcd  by  the  approving  offi- 
of  sureties    ccrs,  uulcss  tlicv  liavc  at  least  two  good  and  solvent  sureties,  and 

on  official  i  •  1 1       .      t  i  •  i  x*    i 

boEds.         not  more  than  five,  all  oi  whom  must  be  permanent  residents  oi  the 
State,  and  two  also  of  the  county,  and  freeholders  thereof.     "When 


PT.  1.— TIT.  3.— CHAP.  5.— ExEcirnvE  Department.  39 


Article  3. — OflScial  Bonds,  and  Herein  of  Discharjfing  Sureties,  &c. 


said  approving  officers  do  not,  of  tlieir  own  knowlekge,  know 
that  a  Burety  is  wortli  enough  to  enable  them  to  acee]>t  him,  they 
shall  not  take  him  unless  he  swears  to  his  means,  and  it  is  satis- 
factory, of  which  swearing  they  shall  make  a  minute  on  the  bond. 

§147.  When  an  official  bond  is  signed  bv  an  Attorney  in  fact.i'owerofAt- 

'-  r^  .  •  '  tornoy  attes- 

the  power  of  attorney  must  be  attested  by  a  Justice  of  the  Infe-tedandflied. 
rior  Court,  and  tiled  and  recorded  as  the  bond  is. 

§148.  The  official  bonds  of  public  officers  required  by  laAv  to  within  what 
be  filed  in  the  office  of  Comptroller,  Secretary  of  State,  or  Execu- bonds  must 
tive  Department,  must  be  filed  therein  withm  fi>rty  days  alter 
the  election  or  appointment  of  such  officer ;  when  in  the  office  of 
the  Clerk  of  the  Superior  or  Inferior  Courts,  or  Ordinary,  Avithin 
thirty  days  therefrom.  In  all  other  cases  within  twenty  days 
therefrom. 

§149.  When  any  officer  of  whom  bond  is  required  fails  to  certificate  of 
make  and  file  the  same  as  prescribed  in  the  preceding  section,  it  official  bond, 
is  the  duty  of  the  Court,  or  officer   in  whose  office  it  is  required 
to  be  filed,  at  once  to  certify  such  failure  to  the  appointing  power, 
and  to  the  power  whose  duty  it  may  be  to  order  an  election. 

§  150.  If  any  public  officer,  required  l)y  law  to  give  bond,  per- Acting  be- 
forms  any  official  act,  before  his  bond  is  approved  and  filed    as  bond  anus- 

,  ,  .  ,      .  demeanor. 

required,  he  is  guilty  of  a  misdemeanor,  and  on  conviction,  must 
1)6  fined  not  less  than  five  hundred  dollars. 

§151.  Every   officer   in    whose  office  the  official  bond  of  any  Kndorse- 
pultlic  officer  is  filed,  must  endorse  on  such  bond  the  day  and  year  darbo"n'd8.** 
when  the  same  M'as  filed,  and  sign  his  name  to  such  endorsement. 

§152.  If  any  public  officer  required  by  law  to  give  bond,  fails  Notice  to  be 
to  file  the  same,  within  the  time  hereinbefore  prescribed,  in  the  failure  to  nie 

ffi,,  i/».i  1  •  11  rt->  official  bond. 

ce,  notice  ot  such  tailure  must  be  given  by  the  otncer 

in  whose  office  such  bond  is  required  to  be  filed,  l)y  or  during  the 
two  first  days  of  the  session  of  the  Superior  Court  held  in  the 
county  in  which  the  officer  so  failing  resides,  next  after  such  fail- 
ure, to  the  Attorney  or  Solicitor  General  of  the  Circuit. 

§153.  Any  officer  M'hose  duty  it  is  to  mark-file  the  bond   and  ivnr,ityfora 
to  give  the  several  notices  required  in  this  article,  and  failing  to  [ilarkVie,  or 
do  so,  without  good  and  sufficient  excuse  therefor,  shall,  on  illfor-}^,'ihfretome 
mation  rendered  and  citation  to  appear  before  the  Superior  Court  *'""' '"'"*'■ 
of  the  county  of  his  residence,  be  fined  as  for  a  contempt  (in  the 
discretion  of  the  Court.) 

§154.  Every  official  bond  executed  under  this  Code  is  obliga- omoiai 
tory  on  the  principal  and  sureties  thereon —  obligatory. 


40  X  T.  1. — TIT.  3. — CHAP.  5. — Executive  Department. 


Article  3. — OfiScial  Bonds  and  Herein  of  Discharging  Sureties,  &c. 


brthroffl^       1-  ^or  any  breach  of  the  condition  during  the  time  the  officer 
'^"-  continues  in  office,  or  discharges  any  of  tlie  dnties  thereof 

Breach  by  a       2.  For  an  v  brcach  of  the  condition  by  a  dej>uty,  aUhongh  not 
expressed,  unless  otherwise  declared  by  law. 


deputy. 


Discharpe  of      3,  "p'or  the  faithful  discharjye  of  any  duties  ^yhich  nuiy  be  re- 

duties  im-  ,  ' 

p°*e^^^^^Ji'^'^  quired  of  such  officer  by  any  law  passed  subsequently  to  the  exe- 
^?^jj'*«^'''^^""cutio]i   of  such  bond,  although  no  such  condition  is  expressed 

therein. 
Forthenso       4.  For  the  usc  and  benefit  of  every  person  who  is  iniured,  as 

of  any  one  ,  '     '-  »»  ^ 

injured.  well  bj  any  wrongful  act  connnitted  under  color  of  his  office  as 
by  his  failure  to  perform,  or  by  the  improper  or  neglectful  per- 
formance of,  those  duties  imposed  by  law. 

How  official      §155.  The  official  bonds  of  the  Ordinaries,  the  dlerks  of  the 

bonds  arc  to         ^ 

flLTamrre-  ^uperior  Courts,  of  Sheriffs,  Coroners,  County  Surveyors,  County 
corded.        Treasurers,  Tax  Collectors  and  Keceivers,  given  for  county  taxes, 
must   be   approved   by    at   least   three  Justices  of  the  Inferior 
Courts,  filed  in  the  office  of  the  Clerks  of  the  Inferior  Courts, 
and  by  them  recorded;  that  of  the  Clerks  of  the  Inferior  Court 
must  be  filed  in  the  Ordinary's  office,  and  by  them  recorded,  and 
when  the  Clerks  of  the  Inferior  Courts  are  also  Clerks  of  the  Su- 
perior  Courts,    those  of  tlie  Clerks  of  the  Superior  Courts  must 
likewise  be  filed  and  recorded  in   the    Ordinary's    office.     The 
bonds  of  Tax  Collectors  and  Receivers  for  State  Taxes,  after  be- 
ing likewise  approved,  must  be  recorded  by  the  Clerks  of  the  In- 
ferior Courts,  and  the  original  bond  must  be  by  them  transmitted 
to  the  Governor,  (for  deposit  in  the  Comptroller  Greneral's  office.) 
the*infer?or       §  ^^^-  Sucli  Justiccs  of  the  Inferior  Court  must  sign  a  certifi- 
Sruiv^r'he  ^^^^  to  t^6  Governor,  stating  that  the  Clerks  of  the  Superior  and 
tti'J^rc"r°ain  Inferior  Courts  respectively,  the  Sherifts,  Coroners,  and  County 
ghe^fbomiZ  Surveyors,  have  taken  the  oaths  and  given  the  bonds  sent  from 
the   Executive   Departments,  together  with  a  statement  of  the 
dates,  amounts,  and  names  of  the  sureties  of  each,  and  that  they 
have  delivered  to  them  their  commisions,  which  shall  be  attested 
by  the  Clerks  of  said  Courts,  and  by  them  immediately  trans- 
mitted to  the  Governor. 
Deputies  8157.  When  Deputies  give  a  bond,  they  must  be  payable  to 

bonds  to  "^  ^  ^  1      •  >  1      • 

whom  paya-  fheir  principals,  with  surety  conditioned  as  theirs  are,  tor  their 

ble,  for  what  11'  .' 

^er"med'^  couduct  as  Deputies,  for  the  same  amounts,  and  must  be  recorded 
&  recorded,  jj^  |]-,g  game  officc,  and  in  the  same  manner  as  the  bonds  of  the 
principals. 

§  158.  It  shall  be  at  the  option  of  any  person  who  claims  dam- 


PT.  1.— TIT.  3.— CHAP.  5.— ExECi-rrv-E  Department.  41 


Article  3. — OfiBcial  Bonds,  and  Herein  of  Discharg:ing  Sureties,  &c. 


ages  of  any  principal  officer  for  the  act  of  his  Deputy,  to  sue  ^r'^^^JIJf/y';, 

said  Deputy's  bond  instead  of  his,  in  the  same  manner  as  the  ^rMied^for 

principal's  bond  may  be  sued.  ?y*"     '^^°' 

S  159.  Such  bonds  are  not  discharged  bv  a  single  recovery,  but  ono  ro- 

,'.'.',,'  covory   does 

proceedings  may  be  had  from  time  to  time,  until  the  whole  pen-notdis- 

i  <^  ''  ...  rliarpo  tnp 

altv  is  exliausted  acrainst  the  officer  and  his  sureties,  or  either,  bond,  nnicw 

•  to  thp  full 

and  said  bonds  arc  joint  or  several,  whether  so  set  forth  or  not.     r-^naity. 
§  160.  When  the  penalty  is  exhausted,  the  officer  himself  shall  officer  liaw* 

•iiiTi-i  1  1  /"J  thoueh  pen- 

stiU  be  hal)le,  and  upon  the  same  measure  ot  damages  as  upoiiaityisex- 
his  bond,  and  lie  is  likewise  liable  for  any  damage  he  may  do  in 
undertaking  to  discharge  the  duties  of  an  office  without  having 
given  the  necessary  bond,  or  having  given  one,  it  is  invalid,  in 
whole,  or  in  part. 

SKU.  Whenever  anv  officer  reciuircd  bv  law  to  give  an  official  B'>n<i!;^ai''', 

"  I  1  .  !^  though  not 

bond,  acts  under  a  bond  which  is  nc»t  in  the  penalty,  payable  andj"  [^l^"^' 
conditioned  nor  approved,  and  filed  as  prescribed  by  law,  such 
bond  is  not  void,  but  stands  in  the  place  of  the  f»fficial  bond, 
subject  on  its  conditions  being  broken,  to  all  the  remedies  inclu- 
ding the  several  recoveries  which  the  persons  aggrieved  might 
have  maintained  on  the  official  bond. 

§162.  The  measure  of  damages  upon  all  official  bonds  for  the  Measure  of 
misconduct  of  the  officer,  unless  otherwise  specially  enacted,  suits  on 
shall  be  the  amount  of  injury  actually  sustained,  including  the 
reasonable  expenses  of  the  suit  to  the  plaintiff,  besides  the  costs 
of  Court,  but  in  all  cases  when  little  or  no  damage  is  actually 
sustained,  and  the  officer  has  not  acted  in  good  faith,  the  jury 
may  find  for  the  plaintiff  an  amount  as  smart  money,  which 
taking  all  the  circumstances  together,  shall  not  be  excessive  nor 
oppressive. 

§163.  All  the  provisions  of  tliis,  and  the  preceding  article,  ap- pro^i^i„p, 
ply  to  the  oaths  of  office  and  official  bonds  of  all  public  officers  preceding'"* 
of  this  State,  whose  office  may  be  established  hereafter,  unless  to'cfficiT'^ 
the  contrary  is  expressly  provided. 

§164.  When  the  surety  to  any  bond,  given  by  any  officer  forno^rsure- 
the  performance  of  any  public  duty,  shall  give  notice  in  writing  to  da*  bonds 
the  Governor,  of  his  desire  to  be  relieved  from  future  liability,  charged, 
for  good  cause  therein  stated  and  sworn  to,  of  which  the  Governor 
shall  be  the  judge;  or  any  such  surety  shall  in  the  opinion  of  the 
Governor,  formed  upon  satisfactory  evidence,  become  insufficient, 
it  shall  be  his  duty  to  require  of  such  officer  a  new  bond  and 
surety. 


42  PT.  1.— TIT.  3.— CHAP  5.— Executive  Department. 

Article  3. — Official  Bends,  and  Herein  of  Discharging  Sureties,  &e. 

iri?to'^4ve"  §  1^^-  I^  ^^7  offi-cer  shall  fail  to  comply  with  such  requisition 
whTn^re-^  witliin  tcii  (lavs  from  tlie  date  he  is  served  personally  with  a  copy 
?e"movc-r  ^"^  of  the  Executive  order  containino;  such  retpiisition,  he  is  l)y  such 
troin  oftico.  faii^^j.Q  removed  from  office  and  a  vacancy  declared. 


AKTICLE  IV. 

OF   DELIVERY   OF  BOOKS   TO   SUCCESSORS. 
?ECTioy.  ISectiox. 


1G6.  Outgoing  officer  must  deliver  books. 

167.  Persons  having  office  property. 

168.  Persons  refusing  to  deliver,  &c. 


1G9.  Ma}'  Ije  imprisoned. 

170.  Books,  &c.,  delivered  to  successor. 

171.  Penaltv  for  failure. 


Officer  must      8 106.  When  anv  office  is  vacated,  it  is  tlie  duty  of  tlie  incum- 

deliver  «  .y  t  j 

books,  &c.,    bent,  on  demand  made,  to  deliver  all  ])ooks,  papers,  and  other 


to  successor. 


property  appertaining  to  the  office,  to  his  qualified  successor. 


other  per-        8 167.  If  a  vacancv  occurs  by  death,  or  the  incuml)ent  is  not 

SODS   having        ^  ^  "^  j  -> 

office  i-ro-    to  bc  fouud  at  the  time  of  demand  made,  it  is  the  duty  of  any 

party  must  ^  ^  7  ^  ^i  ^ 

deliver  it  up.  person  liaviug  possession,  or  control  of  such  office  property,  or 
any  part  thereof,  to  deliver  it  up,  and  the  rights  and  remedies 
are  the  same  against  such  person,  as  against  the  deceased  officer, 
if  living,  or  to  be  found. 

How  person     8 168.  If  any  i^erson  neglects  or  refuses  so  to  do  after  demand 

in  posses-  *-  .  -r         .  .     ■■ 

siou,  refu-    made,  the  successor  shall  make  complaint  to  the  Justices  ot  the 

sing   to    do- 

liver  office    Inferior  Court  of  tlie  County,  or  to  the  Judo-e  of  the  Superior 

and  con-  ...  .  .  •  -i? 

tents,  to  be  Court  of  the  Circuit  in  which  the  person  refusinc;  resides,  or  ii 

proceeded  '-  ~ 

against.  neither  can  be  had,  the  Judge  of  the  Superior  Court  of  an  ad- 
joining Circuit,  and  if  such  officer  is  satisfied,  from  tlie  oath  of 
complainant  or  otherwise,  that  such  are  withheld,  he  must  grant 
an  order  requiring  the  person  so  refusing  to  show  cause  before 
him  on  a  day  and  at  a  place  named  in  such  order,  why  he  should 
not  be  compelled  to  deliver  over  the  same. 
If  such  per-  §  169.  At  the  time  so  appointed,  or  at  any  other  time  to  which 
no  good       the  matter  may  be  adjourned,  a  copy  of  such  order  having  been 

cause,  and  ,,  i"^!  !••  ^        ihi       ^  j. 

fail  to  com- personally  served  on  tlie  person  so  reiasmg,  such  omcer  must 

ply  with  an  ,     "■     .  .        .  ,  .  •,.,..  i-t     1. 

order  to  de- procecd  to  11101111*0  iiito  tlic  circumstaiices,  and  it  it  appears  tnat 

liver,  thej'  iiii  •iitii  it  l 

shall  be  im- sucli  books  and  i^ai^crs  are  withheld,  he  must  order  the  same  cle- 

prisoned.  .  ^     '■  ,■•■<•  ^ 

livered  up  mstanter  to  said  successor,  and  on  lailing  to  comply 
with  such  order,  he  shall  issue  a  warrant  directed  to  any  officer 
of  said  county,  or  of  the  adjoining  county  authorized  to  make 
the  arrest,  to  arrest  said  officer,  and  commit  him  to  jail,  there  to 
remain  until  he  complies  with  said  order,  or  is  otherwise  dis- 


PT  1, — TIT.  3. — CHAP.  5. — Executhe  Department. 


43 


Article  4. — Delivery  of  Books  to  Successors. 


charged  by  course  of  law.     At  the  same  time,  in  the  same  way, 
lie  shall  command  said  officer  to  search  such  places  for  them  as  search  may 
may  be  designated  in  such  warrant,  and  to  seize  and  bring  them  X^rf^der 
before  him  or  some  other  officer  authorized  to  i)reside,  and  being ""  ^'"■'^''^ 
so  brought  and  appearing  to  belong  to  said  office,  he  shall  cause 
them  to  be  delivered  to  the  successor.     The  pa_^nnent  of  costs 
are  in  the  discretion  of  the  Court.     Said  proceedings  do  not  in- 
terfere with  the  provisions  in  the  Penal  Code  on  this  subject. 

§170.  All  judicial  or  ministerial  officers,  or  State's  Attorneys  officers 

111  J•.^     ^  •  ->  I  must  (leliv- 

wno,  by  law,  are  entitled  to  receive  trom  the   State   any   books,"- books  to 

•1  I  ,  ,  ./  '  successors. 

pampJilets,  or  other  documents,  upon  retiring  from  office  must 
deliver  them  over  to  their  successors,  and  from  one  successor  to 
another. 

§  171.  On  failure  to  deliver  such  books,  after  demand  made  by  penalty  foi 
incoming  officer,  he  is  liable  for  three  times  the  first  cost  thereof,  nvcTbook^s^" 
to  be  retained  out  of  his  salary,  if  a  salaried  officer,  and  if  not  a  *"  ''"^'''"''■ 
salaried  officer,  or  being  one  it  is  omitted  to  be  retained,  the  offi- 
cer so  detaining  is  subject  to  suit  and  recovery  (in  a  Court  hav- 
ing jurisdiction)  by  the  successor,  in  the  name  of  the  State,  for 
his  use. 


TITLE  IV. 

LEGISLATIVE  DEPARTMENT. 


CHAPTER  I. 

OF  THE  GENERAL  ASSEMBLY. 


■ECTIOX. 

172.  Meeting  of  Legislature. 
1T3.  Length  of  sessions. 
I T4.   How  organized. 

Oath  of  Members. 

President  and  Speaker. 

Elections  by  General  Assembly. 

Doorkeepers  and  Messengers. 


175 
176 
177 
17S 
I 


i9.  Special  Messengers. 


Section. 
ISO.  Joint  Finance  Committee. 

181.  Duty  of  Secretary  and  Clerk. 

182.  Engrossed  copies  of  laws. 

183.  Unfinished  business  lies  over. 

184.  Pay  of  President,  Speaker,  &c. 

185.  Pay  of  sick  members. 

186.  Amount  due  deceased  members. 

187.  Accounts  of  officers  and  members. 


§  172.  The  regular  sessions  of  the  General  Assembly  becin  on  ^vnenLc-is- 

,.1  ^  42      i.  TIT     1  1         .■>-.-  ,  ^         r<  lature  meets. 

tlie  nrst  \\  ednesday  m  ^  ovember,  annually,  at  noon,  in  the  Capi- 
tol. 

§  173.  Each  session  shall  not  continue  longer  than  fortv  days, 


44  PT.  1. — TIT.  4. — Legislative  Department. 

Chapter  1. — The  General  Assembly. 


Mwfons?^    unless  otlierwise  ordered  by  a  vote  of  two-thirds  of  each  branch 

of  the  General  Assembly. 
General  As-      g  174.  Eacli  branch  shall  be  organized  by  the  Clerk  and  Seo- 

•embly-bow        ^  . 

orgonized.     rctarj  thereof  respectively,  who  are  ex-officio  presiding  ofhcers 
until  such  are  elected.     No  question  shall  be  entertained  by  them 
but  one  relating  to  the  organization,  and  in  deciding  such  ques- 
tions they  are  to  be  governed,  as  far  as  practicable,  by  the  stand- 
ing rules  of  the  House  over  which  they  preside.     In  the  absence 
of  such  officer  their  assistants  may  officiate.     In  the  absence  of 
both,  the  body  may  appoint  a  Chairman,  whose  powers  and  du- 
ties are  the  same. 
Who  may         §175.  The  oatlis  of  office  may  be  administered  to  the  mem- 
oath  to       bers  of  the  General  Assembly  by  any  Judge  of  the  Supreme  or 
Superior  Courts,  to  be  procured  by  the  person  organizing  each 
branch. 
Election  of       §  1T6.  The  President  of  the  Senate  and  Speaker  of  the  House 
Senate  aud   are  clectcd  by  their  respective  bodies  by  ballot,  and  a  majority 
House.        of  votes  is  necessary  to  a  choice.     In  like  manner  the  Senate 
President     luust  clcct  a  President,  pro  tern.,  and  the  House  a  Speaker,  pro 

and  Speaker  \\       -  i-i  -t  •         i  ■, 

prou-in,      uin.^  wnose  powers  and  duties,  whiJe  presiding,  or  m  the  absence 

of  said  officers,  are  the  same. 
Howeieo-         §177.  All  elcctious  by  the  General  Assembly  are  to  be  con- 
fsL^turJ con- ducted  as  follows: 

ducted.  1       r\  ^ 

Assemble  in      1.  On  the  day  and  hour  appointed  for  the  election,  the  mem- 
sentative     bcrs  of  both  Houscs  must  assemble  in  the  Representative  Hall. 
Member!         -•  The  uamcs  of  the  members  of  each  House  are  to  be  called 
wte  by"bai-  ^'J  their  respective  Clerks,  each  member  voting  by  ballot  as  soon 
°'"  after  his  name  is  called  as  practicable. 

fscertoin^ed^      '1  The  Tcsult  must  be  ascertained  by  the  President  of  the  Sen- 
nounc"ed.      '^^^  and  the  Speaker  of  the  House,  and  announced  by  the  iirst 

named  officer. 
at°time°ma^     ^-  The  votcs  are  to  be  given  for  but  one  election  at  the  same 
iaryf  count- f™6,  and  a  majority  of  the  whole  number  of  votes  cast  is  neces- 
ing  blanks.    ^^^^  ^^  ^  choicc,  and  all  blanks  are  to  be  counted  as  votes. 
to^bringon        5.  When  both  branches  of  the  General  Assembly,  agree  by 
be^escindeZ  Resolutioii  to  bring  ou  au  election  at  a  specified  time  in  the  Rep- 
resentative Chamber,  on  joint  ballot,  said  resolution  can  only  be 
rescinded  by  a  vote  of  two-thirds  of  either  House,  and  without 
such  vote  the  election  held  ac^cording  to  said  resolution  is  valid. 

6.  When  both  branches  meet  for  such  purposes,  and  there  is 
a  necessity  for  an  adjournment  without  having  concluded  the 


FT.  1. — TIT.  4. — Legislative  Department.  45 


Chapter  1. — The  General  Assembly. 


elections  for  which  they  convened,  they  shall  adjourn  to  some  mel,*t"™n<i- 
namcd  liour  on  the  same  or  next  day.  (not  coiintinir  Sunday  or  a  ["|„*"  *''^*^" 
public  holiday)  or  to  a  day  certain,  and  the  elections  made  at 
such  time  are  valid,  unless  the  resolution  for  the  election  is  in  the 
mean  time  repealed  by  said  two-thirds  vote. 

§178.  Each  House  is  entitled  to  a  Door  Keeper  and  Messen-Appoint- 
f^er,  to  perform  such  duties  as  may  be  required  of  them,  who  Poor  Keep- 
shall  be  appointed  by  the  presiding  officers  thereof  respectively,  p«y!'°'^  "'*" 
with  power  of  removal  at  pleasure,  and  who  shall  receive  the 
same  })ay  as  the  members  of  the  General  Assembly. 

§179.  When  it  shall  be  necessarv  to  carrv  into  eifect  the  4th  ^'<^""n'"i"»7 

,.1         ■>  1     t        •    1         1'     ^        t^      ^     •         •       '  .  be  appointed 

section  ot  the  2d  Article  ot  the  (,  (»nstitution,  or  tor  anv  like  pur- '<•■■  si'^ciai 
pose,  either  ot  said  officers  may  appoint  any  person  to  execute 
the  orders  of   each  House  and  the  warrant  of  the  presiding  offi- 
cer, who  mav  receive  for  the  service  such  compensation  as  tlie  Th'-''- com- 

'  i  pensation. 

Cxeneral  Assembly  may  appropriate. 

§180.  It  is  part  of  the  duty  of  the  joint  standing  Committee  2;^^^"^^°'°' 
of  Finance,  to  examine  the  accounts  and  vouchers  of  the  Comp-  <-'°°>™»"oe. 
troller  and  Treasurer  as  to  all  monies  received  into  and  paid  out 
of  the  Treasury,  during  the  last  fiscal  year,  to  compare  the  war- 
rants drawn  during  that  period,  with  the  several  laws  by  authori- 
ty of  which  they  purport  to  be  drawn,  to  examine  into  the  other 
accounts  and  books  of  such  (»fficers,  and  to  count  the  monev  on 
hand  at  the  time  of  the  examination,  and  to  examine  the  annual 
reports  made  by  said  officers  to  see  if  they  are  sustained  bv  the 
true  condition  of  their  offices,  and  report  the  result  to  each  branch 
of  the  General  Assembly. 

§181.  At  the  close  of  each  session,  the  Secretary  of  the  Sen-nuty  ofsec- 
ate.  Clerk  of  the  House  of  Representatives,  and  Secretary  of s<naTclid 
State,  must  select  all  the  papers  belonging  to  the  General  Assem-  lioise^at 
bly,  except  such  as  relate  to  the  unfinished  and  rejected  business,  ^^eZVl  *""" 
and  deposit  them  in  the  office  of  the  Secretary  of  State. 

§182.  The  engrossed  copies  of  all  hiAvs  and  joint  resolutions  J'J','j^f„'f°*' 
passed  by  the  General  Assembly,  must  be  preserved  by  the  Chair-  KeloSLs 
man  of  the  Enrolling  Committee,  and  deposited  in  the  office  of  irhereTnd 
the  Secretary  of  State.  i.ywhomdc- 

.  •'  posited. 

V  ^,  ^  183.  The  unfinished  business  of  the  first  session  of  the  same  unfinished 
, /Oj^neral  Assembly  must  l>e  the  first  business  at  the  succeedini 
V/ft session,  subject  to  the  standing  rules  thereof. 
,■        §  184.  The  President  of  the  Senate  and  Speaker  of  the  House 
receive  ten  dollars,  and  the  other  members  six  dollars  for  each 


or  over. 

t5 


46  PT.  2. — TIT.  -i. — Legislative  Department, 


Chapter  1. — The  General  Assemblj'. 


PayofPresi-^jay'g  attendance,  and  all  are  allowed  five  dollars  for  every  twen- 

dent  of  the  ./  ^  ,  .  ,.  i         n  %   y-, 

senatejind   fy  miles  of  travel  o-oino;  to  and  returnmo:  irom  the  beat  oi  G-ov- 

Speaker  of       -j  ^  o  ^ 

the  House,   emmeiit  the  distance  to  be  computed  by  the  dn-ect  mail  route,  if 

and  mem-  '  x  ./ 

^ers.  any,  and  if  none,  by  the  direct  land  route  usually  traveled. 

Pay  of  sick       §185.  If  any  member  is  detained  by  sickness,  after  leaving 
mem  eis.     j^^jj^g^  ^^  couiing  to,  or  is  unable  to  attend  the  House  after  he  ar- 
rives at  the  seat  of  Government,  he  is  entitled  to  the  same  daily 
pay  as  an  attending  member,  but  no  member  shall  receive  pay 
for  absent  time  unless  on  account  of  sickness  of  himself  or  fami- 
ly, or  by  express  leave  of  the  House  of  which  he  is  a  member. 
Widows  of       §186.  If  any  member  of  the  General  Assembly  shall  die  dur- 
memwi  to  iuiT  the  sessiou,  or  afterwards,  without  liaving  received  the  whole 
peTdtem''"'  or  aiiy  portion  of  his  pay,  the  amount  due  for  the  whole  session 
pay,  &c.      ^^^^  ^^  ^^^^.^  ^^  ^1^^  widow  of  the  deceased,  and  if  no  widow,  in 

like  manner  to  the  children. 
Pay  of  mem-     §187.  The  compcnsation  due  to  the  officers  and  members  of 
ckhotlfilthe  General  Assembly  must  be  certified  by  the  President  and 
certified.'^     Speaker,  respectively,  upon  the  report  of  the  Auditing  Commit- 
tee, to  the  Treasurer,  who  afterwards  shall  pay  each  member  who 
presents  his  account  duly  audited. 


CHAPTER  II. 

SUBORDINATE  OFFICERS  OF  THE  GENERAL  ASSEMBLY. 


Sectiox. 

188.  Election  of  Secretary  and  Clerk. 

189.  Oath  of  Secretary  and  Clerk. 

190.  Administering  the  oath. 

191.  Compensation  of  Secretary  &  Clerk. 

192.  Assistants  of  Secretary  and  Clerk. 


Section. 

193.  Qualification  of  subordinate  Clerks. 

194.  Secretary  and  Clerk  must  file  papers. 

195.  Receive  no  pay  till  files  are  made. 
19G.  When  both  Houses  meet  See'y  to  aid. 


Election  and  §188.  There  shall  be  a  Secretary  of  the  Senate  and  a  Clerk  of 
ofsecreta^  the  IIousc  of  Representatives  elected  by  the  members  of  each 
andCkrkof  Housc  respectively,  by  ballot,  and  a  majority  of  votes  cast  is  ne- 
cessary to  elect.  Their  term  of  office  shall  be  the  time  for  whicli 
the  members  of  the  General  Assembly  are  elected. 
Oath  of  Sec-  §  189.  Said  officers,  their  assistants,  and  engrossing  and  enroll- 
cS  ami  ing  Clerks,  before  entering  on  the  discharge  of  their  duties,  shall 
take  an  oath  before  their  respective  presiding  officers  to  discharge 
their  duties  faithfully,  and  to  the  best  of  their  skill  and  knowl- 
edge, of  which  a  minute  shall  be  made  and  entered  on  the  Jour- 
nals. 


their  assis- 
tants. 


PT.  1. — TIT.  4. — Legislative  Dep^uitmext.  47 


Chapter  2. — Subordinate  OflScers  of  the  General  Assembl.v. 


§  190.  The  President  of  the  Senate  and  Speaker  of  tlie  House  f^^i  g'^^aLr 
are  to  administer  the  oaths  recjnired  to  the  subordinate  officers  of  "f^^'^llj^^g"; 
their  respective  (bodies)  Houses.  subordinates 

§191.  The  j!>er  diem  pay  of  the  Secretary  of  the  Senate  andpnyof  sec- 
tlie  Clerk  of  the  House,  their  assistants  and   all   subordinates,  aJrk-Tow 
shall  be  determined  by  each  General  Assendjly,  in  perfectina;  the "  ^  ' 
appropriation  bill. 

§192.  Said  Secretary  and  Clerk  shall  have  power  to  appoint  gocrotarv  & 
their  assistants  and  su1)ordinate  Clerks  as  follows,  viz:  app.!int- 

1.  The  Secretary  of  the  Senate  may  appoint,  at  the  commence-  Ee.i'iors. 
ment  of  the  session  for  which  he  is  elected,  one  Reader,  or  assis-  'n^-  Knroii- 

/-■n       1  111  T  1  •     •  y^i       -1  1  ''1-'  Kllffross- 

tant  Clerk  at  the  desk,  one  Journahzmc;  Clerk,  and  one  for  En- >ng.  and  Ee- 
rollinp;  and  one  Engrossing;  Clerk,  and  one  Ilccordin<r  Clerk.  ckiks" 

2.  The  Clerk  of  the  House  may  appoint,  at  the  same  time,  one 
Header,  or  assistant  Clerk  at  the  desk,  one  Journalizini;  Clerk, 
two  Enrolling,  and  two  Engrossing  Clerks,  and  one  liecording 
Clerk. 

3.  If,  at  any  time  during  the  session,  the  business  requires  the  Additional 
appointment  of  additional  Clerks,  eitlier  of  said  officers  may  ap-  ai'iMlint^Ii"'' 
ply  to  their  respective  Hovises  for  leave  to  appoint  them,  and  if 

they  are  deemed  necessary  by  the  Enrolling  Committee,  such 
body  may,  by  resolution,  authorize  the  appointment,  specifyino- 
tlierein  the  number. 

4.  ISTo  Clerk  shall  be  allowed  compensation  in  either  of  said  wiiat  cierks 
departments,  appointed  in  any  other  way.  rtcoivJlniy. 

S193.  No  Journalizing,  Recordini;,  Enrolliuir  or  Enirrossin"- ^■i""''"'"'*- 

Oo^  tioii  a.nd  re- 

Clerk  shall  be  appointed  by  the  Secretary  of  the  Senate,  or  Clerk  ™"'->' ',''' 
of  the  House,  until  such  Clerk  has  been  examined  by  the  Enrol-  ?"-'  i'"'",?'" 
ling  Committee,  and  certified  to  their  respective  Houses,  to  be  i°f ^."'|l  ^"" 
competent  and  well  (|ualilied  to  the  discharge  of  the  duties  re- *-''*^''^*- 
quired  of  him ;  and  such  Clerk  shall  l)e  removed,  at  any  time, 
upon  the  reconnuendation  of  the  Enrolling  Committee  of  the 
House  ill  which  he  is  employed. 

§194.  The  Secretary  of  the  Senate,  and  Clerk  of  the  House  of^^^'tTy 

.  .   ,  .  T  and  Cloi-k 

Itepresentatives,  must,  within  ten  days  after  the  adjournment  ofmustfiie  pn- 
each  session,  nle,  in  proper  order,  all  the  papers  and  documents '^""'"^'•'"'*- 
of  their  respective  Houses. 

§195.  The  records,  papers  and  documents  thus  liled,  must  be  f,';,7[>'i^^^  ' 
delivered  to  the  Secretary  of  State,  who,  upon  receipt  of  the  same,  j;!;;','/  ll^l^^^ 
must  certify  that  such  Secretary  and  Clerk  have  respectively  ^"j;;,^  t\"7^,a- 

pers. 


48 


Secretary 
must  aid 
when  both 
Ilonses 
meet 


PT.  1. — TIT.  4. — Legislative  DEPAiiXMExNT. 


Chapter  2. — Subordinate  Officers  of  the  General  Assembly. 


complied  with  said  requisitions,  and  the  Treasurer  shall  not  pay 
their  several  salaries,  until  such  certificate  is  produced. 

§196.  When  there  is  a  meeting  of  both  branches  of  the  Gen- 
eral Assembly,  in  any  one  chamber,  said  Secretary  and  Clerk 
shall  be  present,  and  join  in  the  discharge  of  the  duties  required, 
and  shall  enter  on  the  Journals  of  each  the  proceedings. 


TITLE  V. 

THE  JUDICIAL  DEPARTMENT. 


CHAPTEK  I. 

GENERAL  PROVISIONS  IN  REGARD  TO  JUDICIAL  POWER. 


Section. 

197.  Judicial  power — where  vested. 

198.  Rules  of  Court  shall  be  observed. 

199.  Judge  interested  shall  not  preside. 

200.  Power  of  the  Court. 


I  Section. 

I    201.  Records  shall  not  bo  removed. 

202.  Minutes  read  and  signed  by  Judge. 

203.  The  Court  mav  act  when  no  Clerk. 


Jadici.-il 
power — how 

vested. 


Ttules  of 
Court. 


When  Judi- 
cial ofiiccr 
incompetent 
to  try  II  case. 


Courts  have 
power — 

to  enforce 
order  in  its 
presence  ; 

and  before 
bodies  acting 
under  their 
authority; 


§197.  The  Judicial  power  of  the  State  is  vested  in  such  tribu- 
nals as  are  created  by  the  Constitution,  and  such  other  Inferior 
Com'ts  as  are,  or  may  be  established  by  law,  and  such  persons 
as  are,  or  may  be  specially  invested  with  powers  of  a  Judicial 
nature. 

§  198.  The  rules  of  the  respective  Courts,  legally  adopted,  and 
not  in  conflict  with  the  Constitution  of  the  Confederate  States,  of 
this  State,  or  the  laws  thereof,  are  binding,  and  must  be  ob- 
served. 

§199.  Xo  Judge  or  Justices  of  any  Court,  no  Ordinary,  Jus- 
tice of  the  Peace,  nor  presiding  officer  of  any  Inferior  Judicature 
or  commission,  can  sit  in  any  (;ause  or  proceeding  in  which  he  is 
pecuniarily  interested,  or  related  to  either  party  within  the  fourth 
desrree  of  consanguinity  or  affinity,  nor  in  which  he  has  been  of 
counsel,  without  the  consent  of  all  the  parties  in  interest. 

§200.  Every  Court  has  power — 

1.  To  preserve  and  enforce  order  in  its  immediate  presence, 
and  as  near  thereto  as  is  necessary,  to  prevent  interruption,  dis- 
turbance or  hindrance  to  its  proceedings. 

2.  To  enforce  order  before  a  person,  or  body  empowered  to 
conduct  a  Judicial  investigation  under  its  authority. 


PT.  1. — TIT.  5.- — Judicial  Department.  49 

Chapter  1. — General  Provisions  in  regard  to  Judicial  Powers. 

3.  To  compel  obedience  to  its  judgments,  orders  and  process,  and  compel 
and  to  tlie  orders  of  a  Jndire  out  of  Court,  in  an  action  or  ])ro-  'ts  process 

I  •  1  .  '  andjudg- 

ceedmg  tlierem.  ni.nt; 

4.  To  control,  in  furtherance  of  justice,  the  conduct  of  its  of- »"*i  t"  on- 

ii  1      n         1  1  trolitsofli- 

iicers,  and  all  other  persons  connected  witli  a  Judicial  proceed- ^ers; 
ing  before  it,  in  every  matter  appertaining  thereto. 

5.  To  administer  oaths  in   an  action  or  proceeding  pending  and  to  ad- 
therein,  and  in  all  other  cases,  when  it  may  be  necessary,  in  the  oaths, 
exercise  of  its  powers  and  duties. 

G.  To  amend  and  control  its  process  and  orders,  so  as  to  make  And  to 
them  conformable  to  law  and  justice,  and  to  amend  its  own  re- processes, 
cord  so  as  to  make  them  conform  to  the  truth.  "^  *'°'^  *' 

§201.  No  records  or  papers  of  any  Court  must  be  removed  "W"''™  ic- 

,,     ,  .  .  cords  may 

out  oi  the  county,  except  m  cases  of  invasion,  whereby  the  same''«  removed, 
may  be  endangered,  or  unless  by  order  of  the  Court. 

§202.  The  minutes  of  every  Court  of  record  must  be  read  Minutes 

1  •         \         1        /~^^      ^      '  must  bo  read 

each  morning  by  the  Clerk,  m  open  Court,  and  on  the  adjourn-  ""'i  **s""^*'- 
ment  of  the  Court  must  be  signed  by  the  Judge,  Judges  or  Jus- 
tices thereof:  but  if  not  signed,  are  valid,  unless  repudiated  by 
the  Court. 

§203.  The  acts  of  a  Court  sliall  not  lack  validity  for  the  want  co„rt mar 
of  a  Clerk,  and  whenever  tliere  is  no  Clerk,  or  none  to  be  had,  ticfof'cier"k 
or  he  is  incapable  of  discharging  his  duty,  and  any  Court  per-  i's  nZc.  '"'^'^ 
forms  that  duty  itself,  its  action  as  such  is  valid. 


CHAPTER  II. 

THE  SUPREME  COURT  AND  ITS  OFFICERS. 

Article  1.  Tlie  Supreme  Court  and  its  Judges. 
Article  2.  The  Clerk. 
Article  3.  The  Reporter. 
Article  4.  The  Sheriff,  or  Marshal. 


ARTICLE  I. 

THE  SUPREME  COURT  AND  ITS  JUDGES. 
Section-.  'Sectio.v. 


204.  Judges  of  the  Supremo  Court. 

205.  Their  oath  of  office. 

206.  Two  may  hold  the  Court. 

207.  Who  arc  eligible  for  Supremo  Bencli. 

208.  Vacancies — how  filled. 

4 


209.  When  there  is  but  one  Judge.  &.(.'. 

210.  Unanimous  decisions  how  reversed. 

211.  The  powers  of  Supreme  Court,  &c. 

212.  Two  of  the  Judges  must  concur,  Ac. 

213.  Officers  of  tlie  Supreme  Court. 


50  PT.  1.— TIT.  5.— CHAP.  2.— Judicial  Depaetmext. 

Article  1. — The  Supreme  Court  and  its  Judges. 

judsesof         §201.  The  powers  of  the  Supreme  Court  are  vested  in,  and 
Court.        its  duties  performed  by  three  Judges,  who  are  elected  for  the 

term  of  six  years  by  the  General  Assembly.'-' 
Their  oath.       §205.  Before  entering  on  the  discharge  of  their  duties  they 

shall  take  the  oath  prescribed  for  Judges  of  the  Superior  Courts, 

and  all  other  oaths  required  for  civil  officers. 
Two  may         §20(3.  Tlicv,   or  two  of  tlicm,  may  hold  said  Court,  and  the 

hold  Court.  "^  "  ]  ..."  ^         .  ' 

Chief  Jus-    oldest  Judge  m  commission  is  the  Chief  Justice,  or  President 


tice. 


thereof,  but  without  any  greater  powers  than  his  associates. 


whoarcoii-     §207.  Ko  pcrsou  is  eligible  as  such,  unless  he  has  been  duly 
suprome      admitted  and  licensed  to  plead  and  practice  in  the  Courts  of 

"Bench. 

Law  and  Equity  in  this  State  for  ten  Ax^are  prior  to  his  election : 
within  twenty  days  after  the  election  the  Governor  shall  issue 
his  commission. 
Vacancies—      §208.  lu  casc  of  a  vacaucy  (from  anv  cause)  the  Governor 

how  sup-  111  .  1  ..  t"".,  t. 

plied.  shall  appoint  and  commission  some  qualiiied  pei-son  to  supply  it 

until  the  next  meeting  of  the  General  Assembly,  who  shall  elect 
some  one  for  the  unexpired  term.     If  a  vacancy  occurs  during 
the  session  of  the  General  Assembly  there  must  be  no  appoint- 
ment, but  if  it  closes  without  an  election  the  Governor  shall 
appoint  some  person  to  hold  the  office  until  the  action  of  the 
General  Assembly. 
When  but         §  209.  Wlicii  two  or  all  of  the  Judges  are  disqualified  from 
competent    deciding  any  cause  or  proceeding  pending  in  their  said  Court, 
must  be  dis- tlicy  iiiust  certify  the  same  to  the  Governor,  who  inust  direct  a 
commission  to  issue  to  any  two  or  three  Judges  of  the  Superior 
Court,  whom  he  may  select,   and  that  has  not  performed  any 
judicial  duty,  in  the  cause,  empowering  them  in  the  particular 
cause  stated,  to  exercise  the  powers  of  a  Judge  of  the  Supreme 
Court  therein,  as  in  cases  of  vacancy,  at  the  time  and  place  for 
hearing  and  determining  the  same. 
How  unani-     §  210.  A  dccisioii  coiicuiTed  ill  by  three  Judges  cannot  be  re- 
^ons  maybe  versed  or  materially  changed,  except  by  a  full  bench,  and  then 
reversed,      g^^-j-gp  argument  had,  in  which  the  decision  by  permission  of  the 
Court  is  expressly  questioned  and  reviewed,  and  after  such  argu- 
ment the  Court  in  its  decision  shall  state  distinctly  whether  it 
affirms,  reverses  or  changes  such  decision. 

*  The  amended  Constitution  provides  that  the  Judges  of  tlie  Supreme  Court  shall 
be  appointed  by  the  Governor  and  with  the  advice  and  consent  of  the  Senate. 


PT.  1.— TIT.  5.— CHAP.  2.— Judicial  Depahtment.  51 

Article  1 . — The  Supreme  Court  and  its  Judges. 

§  211.  The  Supreme  Court  has  authority —  cXt  has 

1.  To  exercise  appellate  jurisdiction,  and  that  only,  and  in  no  authority— 
case  to  hear  facts  or  examine  witnesses.  Jppoiiate'^- 

2.  To  hear  and  determine  all  causes,  civil  and  criminal,  that  ^if^'J,"^*'"" 
may  come  hefore  it,  and  to  ijrant  iudirments  of  affirmance  or  re- To  hear  and 

"J  1  1  •  •  '         '         1  •        1       1  •        <Utirinine 

versal,  or  anv  other  order,  direction  or  decree  required  therein,  <asis  that 

"  ,TT  ..  ^1  !•      <'"ni<^  before 

and  if  necessary  to  make  a  hnal  disposition  of  the  cause,  but  initandtopive 

•'  _      -"^     ^  nnal  judg- 

the  manner  prescribed  elsewhere  in  this  Code.  «u^nt. 

3.  To  ijrant  any  writ  necessary  t<j  carry  out  any  purpose  of  to  pram 
its  organization,  or  to  compel  any  inferior  tribunal,  or   officer  force  lu 

~  1  orders. 

thereot,  to  obey  its  order. 

4.  To  appoint  its  own  officers,  and  t^>  commission  any  i^erson.  To  appoint 

'-  ^  ^  ,  "    -^  its  own  offi- 

to  execute  any  specific  order  it  may  make.  t-". 

5.  To  establish,  amend  and  alter  its  own  rules  of  practice,  to  make 
and  to  rerrulate  the  admission  of  Attorneys.  tice.  "  ^^ 

().  To  i)unisli  for  contempt  by  the  infiiction  of  a  fine  as  high To punish 

,,,,,,,  ■,     ."         •  T  for  con - 

as  five  hundred  dollars,  and  imprisonment  not  exceeding  ten  umpts. 
days,  or  l)otli. 

7.  To  exercise  such  other  powers,  not  contrary  t-o  the  Consti-  And  excr- 

,  .  .     ,        ,  cise  all  legal 

tution,  as  are  or  may  be  given  to  it  by  law.  powers. 

S212.  The  concurrence  of  two  of  said  Judsjes  is  necessary  to  Two  jndgcs 

<J  ..."  must  concur 

make  a  reversal,  or  to  grant  any  order,  disturbing  the  judgment  t"  reverse, 
of  the  Court  below,  and  when  only  two  preside  in  a  cause,  and  when  two 

'  „  i.  ^  '  onlj'  preside 

they  disao-ree  as  to  the  reversal,  or  as  to  said  order,  the  iudgment<h«"i''<i's^- 

«/  o  '  7  J        c  greement  af- 

stands  affirmed.  *''"™®- 

§213.  The  officers  of  the  Supreme  Court  are  a  Clerk,  a  Pe- The  officers 
porter  and  assistants,  a  Sheriff  and  deputies.  preme"" 

Court 


ARTICLE  II. 


THE  CLERK. 


Sectiox.  ;  Section. 


217.  Must  tax  costs,  &c. 

218.  Who  liable  for  costs,  &c 


214.  His  appointment  and  oath  of  office. 

215.  May  appoint  a  deputy. 

216.  The  duties  of  the  Clerk  enumerated. 

§  214.  The  Clerk  of  the  Supreme  Court  holds  his  office  for  six  ^Z^lti 
years,  unless  removed  for  incapacity,  improper  conduct,  or  ne- clerk! 
gleet  of  duty ;  and  before  entering  upon  his  duties  he  must  take 
an  oath  faithfully  to  discharge  them,   and  also  all  other  oaths 
required  of  civil  officers. 


52  PT.  1.— TIT.  5.— CHAP.  2.— JrDici.vj.  Depaktment. 

Article  2.— The  Clerk. 

May  appoint      §215.  He  uiav  appoint  one  or  more  deputies  in  his  discretion,, 
under  such  rules  as  the  Court  may  ado})t,  he  being  responsible 
for  the  faithful  performance  of  their  duties;  and  when  so  ap- 
pointed their  powers  and  duties  are  the  same  as  his. 
§  216.  It  is  his  duty— 

Must  keep        1.  To  keep  an  office  at  the  Seat  of  Goyernment,  in  one  of  the 

cSpito^^"  apartments  of  the  Capitol,  where  all  books,  records  and  archives, 
and  the  seal  of  the  Court  shall  remain. 

Must  attend      2.  To  attend  all  sessions  of  the  Court  and  obey  all  of  its  law- 

iheWurt..   f^ioi-aers. 

Must  keep        3.  To  keep  in  well  bound  books  fair  and  regular  minutes  of 

™rds.&c.  the  Court's  proceedings,  a  record  of  its  judicial  acts,  a  docket  of 
its  causes,  and  such  other  books  as  said  Court  may  require  him 
to  keep. 

Must  certify      4.  To  Certify,  whcu  required,   upon   payment  of  his  lawful 

records  and  ^,^         .  t  ,m  ,•         •  i    /^  ,l 

papers.        fees,  all  mmutes,  records,  or  tiles  oi  said  Court. 

Must  ub-        ^-  To  arrange  the  cases  on  the  docket  by  circuits,  and  to  give 

'drcuus  ""^ "'"  notice  in  one  of  the  newspapers,  printed  at  the  place  where  the 

Court  is  to  be  held,  twenty  days  previous  to  its  session,  of  the 

order  of  arrangement. 
„   ,         ,      6    To  submit  to  the  Governor  a  fair  statement  of  each  crimi- 

Must  report        ^       -^ 

cases'toThe  ^1^1  paupcr  casc,  showing  the  items  of  costs,  the  nature  of  the 

Governor.  qj.[j^q  charged,  and  the  county  from  whence  it  came,  under  the 
seal  of  the  Court,  as  a  condition  to  a  warrant  in  his  favor  for 
their  payment. 

7.  To  make  out  a  remitter  of  every  case  within  ten  days  from 
the  adjournment  of  the  Court,  and  to  transmit  it  to  the  attorney 
of  the  party  prevailing,  together  with  a  certilicate  of  the  amount 
of  the  costs,  and  by  whom  paid,  which  remitter  shall  consist  of  a 
copy  of  the  judgment  of  the  Court,  as  entered  on  the  minutes, 
and  nothing  more. 

Must  issue        8.  To  issue  and  sign  all  writs  and  processes  of  every  description 

prole'sses""'^  Issucd  uudor  the  authority  of  the  Court. 

Must  admin-      9.  To  administer  such  oaths,  and  take  such  affidavits,  as  the- 

ister oaths.    1^^^^-^^^^^  ^^-  ^^^^  Qourt,  or  tlic  law  may  require. 

Must  per-         10.  To  discharge  whatever  other  duty  may  be  required  by 

l7^ciai*du-  law,  or  necessarily  appertains  to  his  office. 

Must  tax         ^217.  When  judgment  shall  be  pronounced  in  any  cause,  he- 

ehSe'^oniy  shall  tax  the  costs  thereof,  item  by  item,  which  shall  be  entered 

tendered!''  ou  the  miuutes  at  the  foot  of  the  judgment  without  charge.  He 
shall  make  no  charge  for  attaching  the  seal  to  the  remitter,  nor 


Must  make 
out  remit- 
ter. 


PT.  1.— TIT.  5.— CHAP.  :2.— Judicial  Departmekt.  53 

Article  3  — The  Reporter. 


to  any  precept  issued  by  him,  nor  for  anything  but  services  ac- 
tually rendered,  nor  shall  he  record  the  bill  of  exceptions,  or 
transcript  of  the  records  from  the  Court  below. 

§218.  Every  attorney  for  the  plaintiff  in  error,  wlio  argues  orwhoareiia- 
presents  a  cause  to  the  Supreme  Court,  is  liable  to  the  Clerk  for  ' 
■costs,  except  in  a  pauper  case. 


We  for  costs 


ARTICLE  III. 

THE  REPORTER. 

Sectiox.  j  Section*. 

219.  Appointment  and  oath  of  Rcport<^r.  !   222.  Reports  must  not  contain  arguments. 

220.  May  appoint  an  assistant  223.  Penalty  for  faihng  to  publish  reports. 

221.  Must  attend  Courts,  &c.  !   224.  Copyright  reserved  to  the  Reporter. 

§219.  The  Peporter  of  the  Suiu'cme  Court  holds  his  office  for  Appoint- 

'■  ^  Hunt  and 

the  same  term,  and  on  the  same  conditions  as  the  Clerk,  and™'*^"^'^'' 

,      f.  Keporter. 

before  entering  on  his  duties,  must  take  the  same  oaths. 

§220.  He  may,  with  the  consent  of  the  Court,  under  such  rule  ^^J"  f^PP^i^t 

'-  •y  '  '  assistant. 

as  they  may  adoj^t,  appoint  an  assistant  Reporter,  whose  duties 
are  the  same  as  the  Reporter's. 
§221.  It  is  his  duty— 

1.  To  attend  all  sessions  of  the  Sui)reme  Court  by  himself,  or  Must  attend 

,  .  .  .,7  ^^^  Courts. 

his  assistant. 

2.  To  publish,  in  good  and  substantial  form,  the  decisions  ofMustpnb- 
said  Court,  as  written  out,  withm  six  months  oi  the  time  oi  tlieir  si.ms. 
delivery  to  him. 

3.  To  furnish  one  copy  of  each  volume  of  his  reports  to  each  Must  fnr 

,  \^'-  ^  ^  iiisli  copies 

Judo;e  ot  the  Sui^renie  Court ;  one  co])v  to  the  Clerk  thereof,  to  to  the  state 

J^  .  ,  \  \  f  "■  _       and  certain 

be  kept  in  his  office  ;  twenty-iive  copies  to  the  State,  to  be  deliv-  otHccrs. 
ered  to  the  State  Librarian ;  and  a  copy  to  each  Clerk  of  the  Su- 
perior Courts,  to  be  kept  in  their  offices  ;  for  such  copies  he  shall 
be  paid  by  the  Governor  at  the  price  of  three  dollars  per  copy. 

§222.  The  volumes  of  reports  must  not  contain  any  aro-umeiit,  Reports  not 

,     ^      ,  •■         ^  '  to  contain 

or  brief  of  counsel,  bevond  a  statement  of  the  points  and  author-  arcument  of 

"  i  counsel. 

ities. 

§223.  If  lie  fails  to  publish  his  volumes  of  reports  within  thcivnaity  for 
time  designated,  he  forfeits  one-fourth  of  his  salary  for  every  ad-  publish  re- 
ditional  month's  delav,  unless  a  maiority  of  the  Court  will  certi-  law  re- 

•^  *  *'  QUI  res. 

fy  that  the  delay  was  not  from  his  fault,  or  of  those  under  his 
control,  and  if  he  fails  to  ])ublish  and  furnish  them  as  required  in 


54 


PT.  1.— TIT.  5.— CHAP.  2.— Judicial  Department. 


Article  4.— The  Sheriff. 


preceding  section,  he  also  forfeits  one-fourth  more  of  his  salary, 
and  must  be  removed  by  the  Supreme  Com-t. 
Copyright        §224.  lie  shall  have  the  coiivrifrht  to  his  reports,  in  addition 

shall   be  Ee-        "r  .  ^  •       '  ^ 

porters.      to  liis  salarv. 


AKTICLE  lY. 

THE  SHERIFF. 


Sectiox. 
225.  Sheriff  shall  attend  Supreme  Court. 
22G.  If  lio  fails  the  Court  may  ai^point. 


Section'. 
227.  Sheriff's  fees  in  the  Supreme  Court. 


Duty  of  the 
Sheritf  of  the 
county 
■where  the 
Court  is 
held. 


Court  may 
appoint  an 
ofllcer. 


SherifTs  fees 
in  Supreme 
Court, 


§225.  The  Sheriff  of  the  county  wherein  a  session  of  the  Su- 
preme Court  is  holden,  or  his  Deputy,  must  attend  daily  the  ses- 
sions thereof,  obey  all  lawful  orders,  execute  all  lawful  com- 
mands and  process,  and  preserve  order. 

§226.  On  failure  of  said  Sheriff,  or  a  lawful  Deputy,  to  attend 
and  discharge  the  duties  required,  or  any  part  thereof,  the  Court 
may  appoint  some  fit  and  proper  person  for  such  purpose. 

§227.  He  shall  receive  for  his  services  the  fees  allowed  in  the 
Superior  Court,  for  like  services,  and  w^lien  he  performs  a  jour- 
ney in  the  discharge  of  his  duties,  he  is  entitled  to  tlie  same  pay 
for  mileage,  as  a  Marshal  of  the  Confederate  States. 


CHAPTEK  III. 

THE  SUPERIOR  COURTS  AND  THEIR  OFFICERS. 

Akticle  1.  The  Superior  Court  and  Judges. 
Article  2.  The  Clerks. 
Article  3.  The  Keceiver. 


AETICLE  I. 

THE  SUPERIOR  COURT  AND  ITS  JUDGES. 
Sectiox. 


Section. 

228.  Election  and  official  term  of  Judges 

229.  Their  oath  of  office. 

230.  Vacancies — how  filled. 

231.  Time  of  election. 

232.  Judges  elected  to  fill  vacancies. 

233.  No  special  election — when. 

234.  Who  are  eligible  to  Judgeship, 

235.  ShaU  not  practice  law. 

236.  Shall  not  be  deprived  of  his  office. 

237.  Must  hold  Court  twice  a  year. 

238.  His  jurisdiction. 


239.  Duties  of  the  Judge. 

240.  Shall  dehver  his  charge  in  writing. 

241.  Such  charge  shall  be  filed. 

242.  Jurisdiction  of  the  Superior  Courts. 

243.  Powers  cnmnerated. 

244.  When  the  Judge  is  absent. 

245.  Can  only  exercise  powers  granted. 

246.  When  the  Judge  is  disqualified. 

247.  May  bo  impeached. 

248.  Perform  no  Judicial  act  out  of  State. 


PT.  1.— TIT.  5.— CHAP.  3.— Judicial  Depar™ent.  55 

Article  1. — The  Superior  Court  and  its  Judges. 


S228.  Judges  of  the  Superior  Courts  are  elected  bv  the  peo- Election  and 

'-"  "  ^  '  '■  official  term 

pie,  of  and  for  each  Judicial  Circuit,  in  the  manner,  and  at  the^fti'e 

,  .  -,  .  ,  Judges. 

time  Iiereinafter  prescribed,  and  hold  their  offices  for  four  years, 
unless  sooner  removed  in  tlie  manner  prescribed  by  tlie  Consti- 
tution. 

§229.  Before  enterinp;  on  the  duties  of  their  office,  they  must  Their  oath, 
take  the  oath  required  of  all  civil  officers,   and  in  addition  the 
following,  viz  : 

"  I  swear  that  I  will  administer  justice  without  respect  to  per- 
sons, and  do  equal  rights  to  the  poor  and  the  rich,  and  that  I 
will  faithfully  and  impartially  discharge  and  perform  all  the  du- 
ties incumbent  on  me  as  Judge  of  the  Superior  Court  of  this 
State,  according  to  tlie  best  of  my  ability  and  understanding, 
and  agreeable  to  the  laws  and  Constitution  of  this  State,  and  the 
Constitution  of  the  Confederate  States.     So  help  me  God." 

S  2;>(^.  When  a  vacancv  occurs,  (or  from  some  cause  there  is  a  y''*'*2f/^^~ 

'  ••  '  ^  now  tilled. 

failure  to  elect,)  the  Governor  shall  appoint  some  qualified  per- 
son to  fill  such  vacancy,  and  shall  order  a  special  election. 

§231.  Such  election  shall  be  lield  on  the  first  Wednesdav  in  Time  of  eicc- 
J  anuary  next  thereafter :  I  roviaed,  there  is  time  tor  the  Gover- 
nor's proclamation  of  such  election  to  be  advertised  for  as  much 
as  thirty  days  preceding  said  day. 

§232.  Judges  thus  elected  hold  their  offices  for  a  full  term  of.Tndsros 
four  years,  and  must  be  by  the  Governor  so  commissioned.  tiiiavacan- 

§233.  If,  at  the  time  a  vacancv  occurs,  the  unexi)ircd  time  ofT'i^ap- 
the  (former')  incumbent  does  not  exceed  twelve  months,  the  iier- ''"'Js  ^ith- 

^  _  ^  out  an  elcc- 

son  appointed  holds  his  office  for  the  unexpired  term,  and  there  *'""• 
shall  be  no  special  election. 

§234.  No  person  is  eligible  to  such  Judgeship  who  shall  not  "^^^,° ''[°  ^|^; 
have  been  a  resident  citizen  of  this  State  for  ten  years,  just  pre- j j^jg^igi^ij, 
ceding  his  election  or  appointment,  and  who  shall  not  have  been 
an  inhabitant  in  the  Circuit  over  which  ho  is  to  preside,  for  at 
least  one  year  next  preceding  the  said  time,  and  who  shall  not 
have  been  duly  admitted  and  licensed  to  plead  and  practice  in 
the  Superior  Courts  of  this  State  at  least  five  years  prior  to  the 
same. 

§235.  Such  Judges  are  prohibited  from  practicing  law  in  an v  judges  shall 
of  the  Courts  of  this  State  between  the  times  of  their  election  |;';J, i'™«^'«« 
and  qualification,  but  they  may  practice  until  their  qualification 
in  any  case  in  wdiich  they  may  have  been  actually  employed  be- 
fore their  election,  and  they  are  also  prohibited  from  practicing 


56  PT.  1.— TIT.  5.— CHAP.  3.— Judicial  Depak-oient. 

Article  1. — The  Superior  Court  and  its  Judges. 


as  attorneys,  proctors,  or  solicitors,  in  the  district  or  Circuit  Courts 
of  the  Confederate  States,  after  their  election,  or  while  in  com- 
mission. 
Attaching        8  236.  A  persoii  havino;  been  appointed  or  elected  a  Judice  of 

the  county  of       ^  ^  i  i  •        i        /.    i  •         zc         n  i  ■  i 

his  residence  any  Circuit  cannot  be  deprived  oi    his  oince  bv  attachino-  the 

to  another  >'  ^     ^  ^  -r        •  *^>  •  . 

Circuit  does  countv  in  wliicli  lic  rcsidcs  to  a  different  Judicial  Circuit,  but 

not  oust  him  ••  _  _  •' 

from  office.   Jie  contiuues  to  discharge  its  dutics  as  tliougli  lie  resided  in  the 

Circuit. 
Must  hold        §237.  Said  Judges  must  hold  the  Superior  Courts  of  each  Cir- 

Court  in  .  •  i    /--i  tt  /-x'  •       p  i  ' 

each  county  cuit  at  the  countv  Site  and  Court  House  (it  any)  ot  each  county, 

of  his  Circuit  ,^        .        ,       .  1   1        1  .  1  \ 

twice  a  year,  or  otlicr  placc  tiicrem  designated  by  la\y,  twice  each  year,  at  such 

times  as  is  now  or  may  be  prescribed  by  the  General  Assembly. 
Jurisdiction      §238.  The  jurisdiction  of  the  Judges  of  the  Superior  Courts 
x'dth^the^^^  is  co-extensive  with  the  limits  of  tliis  State,  but  they  are  not 

compelled  to  alternate  unless  required  by  law. 

Duties  of         §  239.  Each  of  said  Judges  shall  discharge  all  the  duties  re- 

'^^'^^^'        quired  of  him  by  the  Constitution  and  laws,  for  the  Circuit  for 

which  he  was  elected  or  appointed,  although  he  may  hold  Courts 

in  other  Circuits,  and  may  also  exercise  other  judicial  functions 

for  them  when  permitted  by  law. 

Written  §  240.  The  Judges  of  the  Superior  Courts  of  this  State,  shall, 

charges  in      .         -,,  ^f>i  n  i_c!i  -i        •    i      n      n      •     •! 

certain  cases  m  all  cascs  of  fclouy,  and  on  the  tmai,  or  appeal  trial  of  all  civil 
cases  tried  before  them,  give  their  charges  to  the  jury  in  writing; 
that  is  to  say,  shall  write  out  their  charges  and  read  the  same  to 
the  jury,  when  the  counsel  for  eitlier  party  shall  require  them  to 
do  so ;  and  that  it  shall  be  error  for  such  Judge  to  give  any  other 
or  additional  charge  than  that  so  written  out  and  read. 

Shall  be  fii-  §241.  The  charge  so  written  out  and  read,  as  aforesaid,  shall 
be  filed  with  the  Clerk  of  tlie  Court  in  wliich  the  same  was  giv- 
en, and  shall  be  accessible  to  all  persons  interested  in  the  same ; 
and  the  Clerk  shall  give  certified  copies  thereof  to  any  per- 
son applying  for  the  same,  upon  the  payment  of  the  usual  fee. 
§  242.  Tlie  Superior  Courts  liave  authority — 

of'suSoT      1-  To  exercise  original,  exclusive  or  concurrent  jurisdiction  (as 

dvn  and      the  case  may  be)  of  all  causes,  l)Oth  civil  and  criminal,  granted 

criminal  ca-  ^  _^  ^j^^^^^  |_  ^  ^j^^  Coiistitutian  and  laws. 

■^o^wirf'^*'         2.  To  exercise  the  powers  of  a  Court  of  Equity. 
^elstlom'       3-  To  exercise  appellate  jurisdiction  in  all  cases  tried  by  a  ju- 
courtsf&c.  I'.y  ill  ^li6  Inferior  Court,  and  from  judgments  of  the  Ordinary. 
^rors  o7Tn-      "i-  To  cxercisc  a  general  supervision  over  all  inferior  tribunals, 
and  to  review  and  correct  in  the  manner  prescribed  by  law,  the 


ferior  tribu- 
nals. 


i*T.  1. — TIT.  5. — CIIAF.  3. — Judiciai>  Department.  57 


Article  1. — The  Superior  Courts  and  its  Judges. 


judgments  of  the  Justices  of  the  Inferior  Court,  the  Justices  of 
the  Peace,  Corporation  Courts  or  Councils,  or  any  inferior  judica- 
ture, or  any  person  exercisino;  judicial  poAycrs,  and  of  the  Ordi- 
nary, except  in  cases  touching  tlie  prohate  Avills  and  the  granting 
of  letters  of  Administration,  when  there  must  he  a  special  jury 
empauelled. 

5.  To  punish  contempt  by  lines  not  exceeding  t\vu  hundred  May  punish 
dollars,  and  l)y  imprisonment  not  exceeding  tAyenty  days.  u-mi'itt 

6.  To  exercise  such  other  poAyers,  not  contrary  to  the  Consti- Mav  oxer- 
tution,  as  are  or  may  be  giyen  to  such  Courts  by  law.  Srjlowe^' 

§243.  The  Judges  of  the  Superior  Courts  haye  authority—      j.uipesmaj 

1.  To  grant  for  their  respectiye  Circuits  Avrits  oi certiorari,  su-^feru^a- 
j)ersedeaf,\  qvo  warranto  mandamvs,  habeas  corpus,  and  bails  in  rfA/Trf^c*"" 
actions  e,r-deJicto. 

2.  To  grant  l)ills  quiortimet,  writs  of  iniunction,  prohibition  ^ay  tn-ant 
and  ne-excat.  met,  dc. 

3.  To  grant  all  other  Merits,  original  or  remedial,  either  in  law  Mayprant 
or  equity,  that  may  be  necessary  to  the  exercise  of  their  jurisdic-""'"^ '"'*'■ 
tion,  which  is  not  exj)ressly  prohibited, 

4.  To  hear  and  determine  questions  arising  upon  writs  of  /m- May  hear  & 
leas  corpus  or  bail,  when  properly  brought  before  them:   all  mo- re'^t™ to 
tions  to  grant,  reviye,  or  dissolye  injunction,  to  giye  new  security /"'^.nK'tions 
or  lessen  tlie  aino*int  of  bail,  and  to  perform  any  and  all  other '■"/"»'« Jns, 
acts  required  of  them  at  Cliambers. 

5.  To  administer  oaths  and  to  exercise  all  other  powers  neces-^^»y«finiin- 

•!  ...  ,,i-..T..  ,  istiT  oaths. 

sarily  appertaining  to  tlicir  jurisdictions,  or  which  may  be  grant- 
ed them  ]>y  law, 

§244.  The  authority  granted  in  the  preceding  section  to  each  when  Judge 
Judge  in  his  own  Circuit,  may  be  exercised  by  any  Judge  of  an- frmn^hfs cir- 
other  Circuit,  wheneyer  the  resident  Judge  is  absent  from  the  <Si*fied'an- 
Circuit  so  that  the  business  cannot  be  done  as  speedily  as  neces- '"••'rcxtr?'^ 

]  •  1  •  T  .     T  f'S'^  power 

sary,  or  is  indisposed,  or  interested,  or  is  laboring  under  any  dis- 1^'"-''"- 
qualification,  or  inability  to  serye,  or  in  case  the  Circuit  should 
be,  from  any  cause,  without  a  Judge.     The  authority  when  thus 
exercised  should  show  the  grounds. 

§  245.  Said  Judges  cannot  exercise  any  i^ower  out  of  term  time,  *^"''"?  ""'y '•^■ 

,  ,        ,         .  •     i  '  croiso  erant- 

except  the  authority  is  expressly  granted,  l»ut  they  may,  by  order  ;;;!ji'J'«; 
granted  in  term,  render  a  judgment  in  yacation,  "  ^'™^- 

§  246,  When  from  any  cause  the  Judge  of  the  Superior  Court 
is  disqualitied  from  presiding,  he  shall  procure  the  seiwices  of  a 
Judge  of  another  Circuit  to  try  said  cause,  if  he  has  to  appoint 


ers 
mi 


58 


PT.  1.— TIT.  5.— CHAP.  3.— Judicial  Department. 


Article  1 . — The  Superior  Court  and  its  Judges. 


if '(Us  uaim^  ^^  adjourned  term  for  that  purpose.  If  tlie  parties  litigant  con- 
obtain"thf  ^^^^^  thereto  and  select  any  attorney  practiciiiii;  in  tlie  Court  to 
another  "^  preside  in  such  a  case,  tlie  Judge  shall  have  such  consent  entered 
f udrney'^ '"'  "^^^  ^^^^  luinutes,  and  the  attorney  so  selected  shall  exercise  all  the 
by -coninf  functions  of  Judge  in  that  case. 

May  be  im-       §  2-iT.  If  any  Judge  does  not  comply  with  the  provisions  of  the 

preceding  section,  within  a  reasonable  time,  when  it  is  in  his 

power  to  do  so,  it  is  a  ground  of  impeachment. 

Can  perform     §248.  JS^o  Judgo  of  tlic  Supcrior  Courts  sliall  liavo  authority 

act  out  of     to  perform  any  judicial  act  required  of  him  bv  law,  when  beyond 

the  State.         ,..,..,,,.      f, 

the  jurisdiction  oi  this  btate. 


AKTICLE  II. 

THE  CLERKS  OF  THE  SUPERIOR  COURTS. 


Sectiox. 

249.  Electiou  of  Clerk  Sui:)erior  Court. 

250.  Cannot  practice  law. 

251.  Vacancy — how  filled. 

252.  Elected  to  fill  a  vacancy. 

253.  In  case  of  a  tie,  &c. 

254.  An  appointment  must  bo  made. 

255.  Who  may  act. 

256.  Appointee  may  liokl  to  end  of  term. 

257.  Judge  may  appoint  in  certain  cases. 

258.  How  long  such  appointee  may  hold. 

259.  Oath  of  Clerk  of  Superior  Coiu't. 


Section. 
2G0.  Must  give  bond  and  security. 
2G1.  May  appoint  deputies. 
2G2.  The  plan  for  the  ofBce — duties. 
2G3.  Powers  of  the  C  erk,  &c. 

264.  Penalty  for  a  failure  of  duty. 

265.  Clerk  subject  to  rule. 

26G.  Subject  after  retiring  from  office. 

267.  IIow  removed  from  ofBce. 

268.  His  office  subject  to  be  examined. 

269.  Pa}^  when  not  otherwise  provided. 

270.  Proceedings  if  pay  is  refused. 


Clerk  cannot 
practice  law. 


§  249.  The  Clerks  of  the  Superior  Courts  are  elected  for  the 
term  of  two  years,  and  are  elegible  during  the  same  time  to  be 
also  Clerks  of  the  Inferior  Courts. 

§  250.  JSTo  person  is  elegible  to  the  otRce  of  Clerk,  or  to  per- 
form any  official  duty  as  such,  who,  while  in  such  capacity,  prac- 
tices law  in  his  own  name  or  another's,  as  a  partner  or  otherw^ise^ 
in  any  Court  of  law  or  equity  in  this  State,  except  in  his  own 
case. 

§251.  If  a  vacancy  occurs,  (or  will  shortly,)  any  two  or  more 
howsuppii-  Justices  of  the  Inferior  Court  of  the  county  where  it  happens 
shall  give  notice  in  one  or  more  of  the  public  gazettes  of  said 
county  (if  any,)  and  at  the  Court  House,  and  at  three  or  more  of 
the  most  public  places  of  said  county,  twenty  days  previous  to 
the  day  of  election,  which  shall  be  appointed  by  them. 


Vacancy — 


PT.  1.— TIT.  5.— CHAP.  3.— Judicial  Depaktmext.  59 

Article  2. — The  Clerks  of  the  Superior  Courts. 

§  252.  The  person  elected  on  said  dav  shall  hold  his  office  for  one  elected 

f  i  ^  "  to  nil  a  va- 

the  unexpired  term  of  his  predecessor.     The  returns  of  the  elec- cancy  holds 

i  -"  _         only  the  un- 

tion  must  he  made  to  the  Governor,  wlio  must  commission  him.  expired  term 
§253.  Should  any  two  or  more  candidates  at  an  election  to  ^11  [[J. Tae^kls 
said  vacancy,  or  at  a  regular  election,  liave  tlie  highest,  and  ari^w"^'^*^* 
equal  numher  of  votes,  said  Justices  sliall  ap])oint  and  advertise  ^'j^*"^^^""  *'" 
another  election  in  the  manner  prest'ril)ed  in  the  preceding  sec- 
tions, and  so  do  until  a  choice  is  made. 

S  254.  As  soon  as  a  vacancy  occurs,  or  in  antici])ation  of  it,  said  ^]r\t\\  an 

'"  .  .  '         .  cK-ction  IS 

Justices,  or  a  maiority  of  them  in  commission,  must  meet  and  had  a  cierk 

'  •'  •  ■  must  be  ap- 

appoint  some  qualified  person  to  discharge  the  duties  of  Clerk  pointed, 
until  the  vacancy  is  filled. 

§255.  If  from  any  sudden  emergency  there  is  a  vacancy,  and  cierk  of  in- 
it  is  not  immediately  supiJied,  the  Clerk  of  the  Inferior  Court  may  act  as 

T      1  1         1       •  /■  1     /-.I      1  -1  ■  •  1    Clerk  of  Sn- 

must  discharge  the  duties  oi  such  Clerk  until  one  is  appointed,  perior  court 

.  .  ■*  in  an  cmer- 

and  in  case  the  vacancv  occurs  at  the  same  time  in  hoth  oftices,  Ki»cy.  and  if 

liotli  bo  va- 

the  Ordinary,  or  his  Clerk  shall  thus  act.  ^'nt,  ^c. 

§256.  AVlien  a  vacancy  occurs,  and  it  is  not  more  than  sixu  only  six 

T,,  1.",  ,.  ,  •!!  •  1  month*  of  an 

months  irom  the  time  the  election  can  be  aiipomted  ov   said  unexpired 

-p.  Till  •!!  ••  Ml  •  1*^  term,  ap- 

Justices  and  held,  until  the  existino;  term  will  exiure,  the  person  puintee  to 

till  vacancy 

or  persons  appointed  shall  discharge  the  duties  of  the  office  forhouisoutthe 
the  halance  of  the  term,  and  there  shall  he  no  special  election. 

§257.  If  there  is  a  vacancy,  or  the  Clerk  and  his  deputy  ft>i\:J"'',fjn™''^ 
any  reason  do  not  act  as  Clerk  at   the  time  provided  hy  law .^'.'■'■'^ '° <>er- 

•^  Jt  •'  tain  cases. 

for  iiolding  any  of  said  Superior  Courts,  the  presiding  Judge 
thereof  shaU  appoint  a  Clerk,  who  holds  his  office  dnring  the 
term,  and  for  ten  days  thereafter,  and  any  act  he  docs,  during 
said  time,  that  the  Clerk  could  have  done,  is  valid. 

§258.  If  hy  the  expiration  of  said  time  there  is  no  one  else  to^».'=''/P- 

"-'  •'  -I  ])()intee  may 

act  as  Clerk,  said  last  mentioned  appointee  may  continue  as  such  J;,'|.'^'ti"„*'^ 
until  there  is  an  appointment  or  election,  and  any  appointee  or 
other  person  lawfully  discharging  said  duties,  sliall  continue  to 
do  so  until  there  is  an  election  and  qualification. 

§259,  The  Clerks,  hefore  entering  upon  the  discharge  of  their  [!|';j^|."^[j  g^^, 
duties,  whether  appointed,  elected,  or  such  hy  operation  of  law,  •"""'"'' ^"°"'''- 
must,  besides  the  oath  required  of  all  civil  officers  (unless  akeady 
taken)  take  and  suhscribe  to  the  following  oath : 

"I  do  swear  that  I  will  truly  and  faithfully  enter  and  record 
all  the  orders,  decrees,  judgments,  and  other  proceedings  of  the 

Superior  Court  of  the  county  of ,  and  all  other  matters 

and  things  which  hy  law  ought  hy  me  to  he  recorded;  and  that 


60  PT.  1.— TIT.  5.— CHAP.  3.— Judicial  Department. 


Article  2. — The  Clerks  of  the  Superior  Coiirts. 


I  will  faithfully  and  impartially  discharge  and  perform  all  the 

duties  required  of  nie  to  the  best  of  n\\  understanding.     So  help 

me  God." 
Appointees       When  said  oath  is  taken  by  tlie  Clerks  of  the  Inferior  Court, 
shipmus"    the  Ordinaries,  or  their  deputies  acting  in  a  certain  contingency 
give  bond/  as  Clerks  of  the  Superior  Court,  they  may  take  it  before  any 

person  authorized  to  administer  an  oath,  and  enter  it  on  the 

minutes  of  the  Superior  Court. 
Must  give        §260.  They  shall  also  at  the  same  time  (except  those  appointed 

by  the  Judges  of  the  Superior  Courts,  and  those  so  by  operation 

of  law,)  execute  a  bond  in  the  sum  of  three  thousand  dollars 

with  good  security. 
Clerks  of  su-      §261.  They  shall  have  the  power  to  appoint  a  deputy,  or  de- 

perior  Court  .  ,  •/>  i  -i  t  •   ^  t     '  ' 

may  appoint  puties,  and  may  Tcquire  trom  tiiem  bonds  with  good  security; 
must  take     wlio  sliall  take  the  same  oath  as  the  Clerks  do  before  entering 

oath  and  iti  ^     t      •       t       •  t  it- 

give  bond,  upon  the  discharge  ol  their  duties,  and  whose  powers  and  duties 
are  the  same  as  long  as  the  principal  continues  in  office,  and  not 
longer,  for  the  faithful  performance  of  which  they  and  their  se- 
curities are  bound. 


§262.  It  is  the  duty  of  the  Clerks  of  tlie  Superior  Courts — 
Where  offioe      1.  To  keep  tlicir  offices,  and  all  things  belonging  thereto,  at 
kept.  the  county  site,  and  at  the  Court  House,  ualess  impracticable 

from  any  cause,  when  by  special  permission  of  the  Justices  of 
the  Inferior  Court  it  may  be  kept  at  some  other  designated 
place,  not  more  than  one  mile  therefrom,  of  which  public  notice 
must  be  giyen, 
att'end"co^t      '^-  '^*-*  ^^^end  all  sessions  of  the  Courts,   and  keep  fair  and 
SnntTs'  in-  ^'^gular  miuutcs  of  their  proceedings  from  day  to  day,  including 
triet'on  '""  ^  transcript  of  the  Judge's  entry  on  his  dockets,  when  not  more 
docket.        *'"lb^  shown  in  a  book  kept  for  that  purpose. 
Must  issue        '^-  To  issue  and  sign  (and  attach  seals  thereto  when  necessary) 
STkinds!  '^^  every  summons,  subpoena,  writ,  execution,  process,  or  order,  or 

other  paper  under  the  authority  of  the  Court. 
Must  keep        4.  To   keep   in    Court,    convenient   of  access,   the   following 

certain  •  a     /-i  t  it  ^      •    •^  •  i  •    i 

dockets  as    dockcts,  to  Wit :  A  Commoii  Law  docket  ol  civil  cases,  m  which 

follows:  '  ' 

Common      must  DC  entered  by  tlie  aiipearance  term  the  names  ot  tlie  par- 
Law  docket.     .  •''  ^  ^  ^  .  I 

ties  and  attorneys,  the  nature  of  the  action,  and  the  Sheriff  s 
Equity  rctum.  All  Appeal  docket,  and  an  Equity  docket,  in  which 
must  be  entered  all  the  cases  to  the  respective  terms,  to  which 
they  are  returned  or  stand  for  trial,  together  with  other  entries, 
as  in  the  case  of  the  Common  Law  docket. 


PT.  1.— TIT.  5.— CHAP.  8.— Judicial  Depaktment.  61 


Article  2. — The  Clerks  of  the  Superior  Courts. 


A  claim  docket,  a  certiorari  and  an  illegality  docket  in  the  ciaim 
same  manner.     A  motion  docket  for  entering  all  motions  to  be  Motion 
submitted  to  the  Court,  showing  the  nature  of  the  motion,  and '^"*'''^^' 
the  parties,  and  attorneys  thereto. 

A  subpcena  docket,  for  civil  cases,  and  one  for  criminal  cases,  subpn-na 

1  •    1  1  11  'I'Ti-i  dockets. 

in  M-hicli  must  be  entered  the  case  m  -winch  the  sul)p(i>na  issues, 
the  date,  the  name  of  the  witness,  for  whom  issued,  and  to  whom 
delivered,  and  any  return  of  the  Sheriff  thereon. 

In  the  former  must  l)e  likewise  entered,  and  in  the  same  man-^nminai 

1  .  .  ,.  .      .  t  •    1       1       1  (locket. 

ner,  the  issuing  oi  commissions.  A  trial  docket  of  criminal 
cases,  in  which  must  be  entered  all  the  criminal  cases  in  the 
order  the  indictments  are  found,  tlie  nature  of  the  offence,  and 
the  attorneys  for  the  defence. 

A  docket  in  which  must  be  entered  all  criminal  cases  whicli  ^^.d'.'^et  of 
have  been  on  the  criminal  docket  for  as  much  as  five  years  with- «'»«» 'n 

,        ,  ,    ,  .  which  there 

out  any  existing  arrest,  and  whicli  must  be  inspected  by  the'*  ""  ""■'^** 

r^  "         1  ,  .  ,  "for  five 

Court,  at  least  once  every  year,  that  if  necessary,  any  case  niav >'=•■""'''• 
be  re-transferred  to  the  criminal  docket. 

Execution  docket,  and  enter  therein   the  names  of  plaintiffs,  Exocntion 
their  attorney,  and  the  defendants,  the  amount  of  i)rincipal  and ''"''''' 
interest,  and  costs;  the  date,  the  term  to  Avhich  returnable,  to 
whom  and  Avhen  delivered,  and  by  whom,  and  when  returned 
and  an  entry  of  satisfaction  or  nulla  bona,  as  the  case  may  be 
with  the  dates  thereof. 

Duplicates  of  the  common  law  appeal  and  criminal  dockets,  copy  ,iock- 
one  for  the  use  of  the  bench,  the  other  for  the  use  of  the  bar,  in  TJ."'  '^'^ 
which  last  must  be  copied  from  term  to  term  all  the  entries  made 
in  the  former.  All  appeal  cases  must  be  entered  on  the  same  ap- 
peal docket  in  the  order  they  are  entered  on  the  minutes,  and 
from  the  Inferior  Court  in  the  same  order  and  at  the  time  re- 
ceived. Divorce  cases  are  first  to  be  entered  on  the  equity 
docket,  and  after  one  trial  are  to  be  entered  on  the  appeal  docket 
in  their  proper  order  from  the  minutes. 

5.  To  record  in  well  bound  books,  within  six  montlis  after  theMu.stkoop 
final  determination  of  any  civil  suit,  all  the  proceedings  relating  civirsuil. 
thereto. 

t).  To  keep  well  l)ouiid  books  for  recording  all  deeds,  mort-  Must  kee  > 
gages,  and  other  liens  and  bills  of  sale  separately.  Jj'^.'^J',''^^  "^ 

7.  To  have  properly  stamped  and  labelled,  and  numbered  or  ^.tiM 
lettered  if  required,  all  the  books  herein  enumerated,  and  totC'Sof 
keep  for  each,  (except  the  dockets  called  by  the  Court,)  a  proj^er '"' "'"''''" 


62  PT.  1.— TIT.  5.— CHAP.  3.— Judicial  Department. 

/ 

Article  2. — The  Clerks  of  the  Superior  Courts. 

index,  and  to  supply  any  of  said  books  or  indexes  needed,  and 
to  transcribe  tlie  contents  of  any  books  of  record  which  may  be 
in  a  dilapidated  condition. 
sJrvethe"  ^-  '^^  ^^-Gei^  'dl  the  books,  papers,  dockets  and  records,  belong- 
tfl^Vf""*  "^S  ^^  their  office,  with  care  and  security,  and  the  papers  filed, 
.encof  '^'^"^"  ai"i'anged,  numbered  and  labelled,  so  as  to  be  of  easy  reference. 
Must  pre-         9.  To  Tirocurc  and  preserve  for  public  inspection  a  complete 

serve  and         ^  ^  "^  ^  -"^  -■■  -L 

have  bound,  jiIq  of  all  newspapei's,  in  which  their  advertisements  appear,  and 

newspapers,  i     j.  7  rr  y 

in  whicii  ho  ]iave  them  bound  in  volumes  of  suitable  size  to  be  deposited 

iidvertises.  _  .1 

and  kept  with  their  other  records. 
Must  keep        10.  To  keep  at  their  offices  all  publications  of  the  laAvs  of  the 

in  ther   offi-  ^.,     -,  .-^  n  •    ^       t    -i  i         /^  tit 

ces  all  books  Contederate  states  lurnished  by  the  (jrovernor,   and  the  Laws 
ments  dis-    and  Joui'iials  of  this  State,  all  Statute  Laws,  Dio-ests,  this  Code, 

tributed,  for  /-i  -r>  t  -r» 

public  con-  the  Supreme  Court  Reports,  and  all  other  Law  Books,  or  other 

venience.  ^      ■'-  ^      ^  ^  '  '    ^ 

public    documents    distributed   to   them   for   the    public    con- 
venience. 
Must  keep        11.  To  procuro  within  thirty  days  after  their  qualification  (if 
seal.     '      not  already  done)  a  substantial  seal  of  office  with  the  name  of 

the  Court  and  County  inscribed  thereon. 
Must  certify      1^-  To  make  out  and  deliver  to  any  applicant,  upon  payment 
copies  ot  pa-  ^^.  iggal   fees,    a   correct   transcript   properly  certified,   of   any 

minute,  record,  or  file  of  their  office. 
Must  make       13.  To  make  out  transcripts  of  the  record  of  all  cases  for  the 

out  records  i        i  ■ 

for  Supreme  buprcnie  Court  as  the  hiws  require. 

Court.  ^  ,  ^ 

Must  make       l-i.  To  make  a  minute  on  all  conveyances  or  liens,  of  the  day 
record  of      Icft   for   Tccord,   and  the  day  recorded,  to  be  signed  officially, 
-attest'  deeds  wliicli  shall  bc  evidciice  thereof,  and  to  attest  deeds  and  other 
tion.  "     "  written  instruments  for  registration. 
Must  admin-      15.  To  administer  all  oaths,  durins;  term  time,  required  by  the 

ister  oaths.  i      n  t  •        t   t        1 

Court,  and  to  record  all  oaths  recpiired  by  law. 
Mustdooth-      16.  To  perform  such  other  duties  as  are,  or  may  be  required 
office.  "^^^    by  law,  or  as  necessarily  appertain  to  their  offices. 

§2G3.  The  Clerks  of  said  Courts  have  authority — 
May  admin-  "^  \    Xo  administer  oaths,  and  take  affidavits  in  all  cases  permitted 

ister  oaths         ^  -■■ 

by  law.  ]3y  law,  or  where  the  authority  is  not  confined  to  some  other  of- 
ficer. 

May  receive  2.  To  rcccive  the  amouiits  of  all  costs  due  in  the  Court  of  which 
they  are  Clerks,  and  other  sums  whenever  required  to  do  so  by 
law,  or  order  of  the  Judge,  and  not  otherwise. 

Mayadver-       3.  To  advci'tisc  uudcr  the  same  rules  and  restrictions  as  Sher- 

tise. 

iffs. 


FT.  1.— TIT.  5.— CHAP. 


-Judicial  Department. 


63 


Article  2. — The  Clerks  of  the  Superior  Courts. 


4.  To  exercise  such  other  powers  as  are,  or  may  be  conferred  May  oxcr- 

.111  cise  other  le- 

iipon  them  by  Jaw.  gai  powers. 

§26|}:.  Any  such  Clerk  failini^  to  perform  any  duty,  or  to  exer- Ponaity  for 
cise  any  authority,  when  required,  set  forth  in  the  two  preceding  fSr  "' 
sections,  is  subject  to  be  fined  for  eacli  ofi'ence,  by  the  presiding 
Judge,  during  term  time,  as  for  a  contempt,  on  information  of 
any  party  aggrieved,  of  wliich  he  sliall  liave  notice  in  writing. 

§265.  If  any  of  such  Clerks  receive  any  money  on  any  suit  orrierkwib- 
judgment  from  tlieir  Courts,  or  otherwise,  and  do  not  faithfully '''"'"' *"''"'''■ 
account  for  it,  tlicy  are  liable  to  rule  as  Slieriffs  are,   and  they 
and  their  sureties  are  likewise  liable  on  tlieir  official  bonds. 

§206.  They  are  subject  to  the  rule  and  order  of  their  respec- subject  to 
tive  Courts,  after  their  retirement  from  office,  as  Sheriifs  are.        "f  offiS.!'"*"'* 

§267.  They  are  subject  to  be  removed  from  office  by  the  Judge  May  bo  ro- 
of the  said  Court,  for  any  sufficient  cause,  including  incapacity  or  "fflce. 
misbehavior  in  office,  charges  for  which  must  be  exhibited  to  the 
Court  in  ^vriting,  and  the  facts  tried  by  a  special  jury,  such  Clerk 
being  entitled  to  a  copy  of  the  charges  three  days  before  trial. 

§268.  Their  offices  are  subject  to  an  examination  by  the  Grand  cicrk's office 
Juries,  their  Connnittees,  or  any  person  whom  thev  mav  esije-  !^"amniaUon 

•  n  J.  ,      .         .\  "  ,  '  ~  I'V  Grand 

cially  empower,  to  report  to  the  same,  or  a  succeeding  Grand  •V""y  "r 
Jury,  or  to  the  Judge  of  the  Superior  Court,  who  shall  submit,  ^°""'""' 
in  writing,  the  condition  of  said  offices,  and  specify  any  neglect 
of  duty,  or  anything  done  wrongly  or  corruptly  by  such  ('lerks. 

§269.  For  any  services  rendered,  or  expenses  incurred,  leijallv  ^'""i^™^"- 
by  said  Clerks  for  their  offices,  where  no  pay  is  specially  pro-  """<■  p^c- 

•  1      1       J.1  i     1  •  1  ,.      1  ^,  .^  ^  scribed. 

vided,  they  must  be  paid  out  of  the  County  Treasury  by  or- 
der of  the  Justices  of  the  Inferior  Court,  after  examining  and 
passing  upon  their  accounts  and  vouchers,  and  finding  them  cor- 
rect and  reasonable. 

§270.  If  said  Justices  refuse  to  allow,  and  order  such  accounts  when  infe- 
paid,  said  Clerks  may  apply  for  and  obtain  a  mandamus  from  vZ^'^Zli- 
the  Judge  of  the  Superior  Court,  who  shall  hear  and  detenninc ';'''"''<n;m« 
the  questions,  and  submit  any  disputed  fact  to  a  special  jury.        ^"'*" 


2VETICLE  III. 

THE  RECEIVER. 


Section. 

271.  Receiver  may  bo  appointed — when. 

272.  Funds  invested  pending  litigation. 

273.  Duties  and  liabilities  of  Receiver. 


Section. 

274.  Receiver  required  to  give  bond. 

275.  Receivers  of  Banks,  &c. 


64  PT.  1.— TIT.  5.— CHAP.  3.— Judicial  Depaktment. 


Article  3. — The  Receiver. 


Kecciver  §271.  WliGii  any  fund  01' property  mav  be  in  litio;ation,   and 

mav  be  ap-  ,.t  tt  •  t  ^  -pn 

pointed,  and  tliG  rio:lits  (A  citlicr  or  Dotli  partiGs  cannot  be  otherwise  lully  pro- 
is  an  officcT  "^  1  »        1  1         •  " 

of  the  supe-tected,  or  when  there  may  be  a  tund  or  property  havmo;  no  one 

rior  Court.  '  .  ^         .  o     i  i  •  -i     / 

to  manage  it,  a  Keceiver  oi  the  same  may  be  appointed  (on  a 
proper  case  made)  by  the  Judge  of  the  Superior  Court,  having 
jurisdiction  thereof,  either  in  term  time  or  vacation,  and  such  Re- 
ceiver is  an  officer  of  said  Court. 
Pending  a  §272.  The  presiding  Judgc,  in  his  discretion,  under  the  law, 
the^fund      niav  ordcr  any  fund  in  the  hands  of  a  Receiver,  or  anv  other  of- 

may  be  in-  -^  '^  .    .  ,  ,  ^  "■,,.. 

vested  in     licer  of  Court,  awaitmc;  the  determination  ot  a  protracted  htii>;a- 

State  bonds.  ,      '  i    .        o,  t-i  i      a    i       •     • 

tion,  to  be  invested  m  State  bonds,  as  Jixecutors  and  Adminis- 
trators are  authorized  to  do. 
Duty  and  li-      §273.  The  Receivers  SO  appointed  must  discharge  their  trust 
Eeceiver.     accordiug  to  the  order  or  decree  of  the  Courts  appointing  them, 
and  are  at  all  times  subject  to  their  orders,  and  may  be  brought 
to  account  and  removed  at  their  pleasure. 
Judge  may       §  274.  The  JudgGs  of  the  Superior  Courts  may,  in  their  discre- 
ceiver to'     tion,  require  such  Receivers  to  give  bonds  conditioned  for  the 
faithful  discharge  of  the  trust  reposed,  and  if  they  require  them, 
they  must  fix  the  amount  and  the  sufficiency  of  the  security,  and 
also  regulate  their  compensation. 
Receivers  of     §275.  Reccivcrs  of  Baiiks,  or  otlicr  corporations  hereafter  ap- 
must  make  *  poiiited  by  aiiy  power,  are  amenable  to,  and  must  make  their  re- 
perior         tums  to  tlio  Superior  Court  of  the  county  where  they  reside  at 


the  time  of  the  appointment. 


CHAPTER  IV. 

THE  INFERIOR  COURT— ITS  JUSTICES  AND  CLERKS. 
Article  1.  The  Inferior  Court  and  its  Justices. 
Article  2.  The  Clerk. 


ARTICLE  I. 

THE  INFERIOR  COURT  AND  ITS  JUSTICES. 


Section. 

276.  Election,  oath  and  official  term. 

277.  Vacancies — how  filled. 

278.  Vacancies  need  not  be  filled — when. 

279.  Persons  elected  to  fill  vacancies. 

280.  Persons  eligible. 

281.  Number  necessary  to  liold  Court. 


Sectiox. 

282.  When  Justices  are  equally  divided. 

283.  Their  disability,  privilege,  &c. 

284.  "When  a  majority  are  interested. 

285.  Jurisdiction  in  civil  cases. 

286.  In  relation  to  county  property,  etc. 

287.  Other  powers  and  duties  of  Court. 


PT.  1.— TIT.  5.— CHAP.  4.— Judicial  Department.  65 

Article  1. — The  Inferior  Court  and  its  Justices. 

■ — 1 — 

$>2TG.  The  presidino;  officers  of  the  Inferior  Court  consist  ofxu")bcr, 

.  ^      1      ^        i,   T  •  /»     1        T     ,•      •         /-I  til  oK-ction,  of- 

tive  persons,  styled  the  "Justices  oi  the  inierior  Court,    who  are  fl«iai  term 
,      ■'  1       .  T    •  •  .  ,        .  "ifi  oatii  of 

elected  bv  the  peoi)le  ot  their  respective  counties,  at  the  times,  •'"slices or 

f      •  ,  .         .  -11  11  '  the  Inferior 

and  in  the  manner  lierematter  prescribed,  ami  who  hold  their  of- court, 
lices  for  four  years,  unless  sooner  removed  in  the  manner  pre- 
scribed by  the  Constitution.  Before  entering  on  the  duties  of 
their  office,  they  must  take  the  oaths  required  of  all  civil  officers, 
and  in  addition  the  oath  taken  by  tlic  Judges  of  the  Superior 
Com'ts. 

S277.  When  a  vacancy  occurs,  any  two  or  more  of  said  Jus- vacancies— 

.  ••!  .,  ,..  ,..  how  tilled. 

tices,  and  one,  it  only  one  in  the  county  qualihes,  and  it  not  one, 
then  the  Ordinary  of  the  County  shall  order  an  election  as  pre- 
scribed in  the  case  of  a  vacancy  in  the  Clerkship  of  the  Superior 
Court. 

§278.  If  there  are  as  many  as  three  of  said  Justices  in  com- if  as  many 
mission,  and  in  the  discharge  of  their  duties,  and  the  vacancy  tT((s,'and" 
takes  place  not  exceeding  eight  months  })rior  to  the  next  regular  tioli  only  s 

1       ,  .  ,.  It,'  ji  1  ,    ^  .11.  months  off. 

election  lor  sucli  Justices,  there  must  not  l)e  any  special  election. 

§279.  The  persons  elected  to  till  the  vacancy,  are  comniis- Those  cicct- 
sioned  for  the  unexpired  terms  of  the  outgoing  Justices,  and  hold  candes. 
their  offices  accordingly. 

§280.  Ko  person  is  eligible  to  such  Justiceship,  unless  he  has  who  are  eii- 
been  a  resident  citizen  of  the  county  in  which  he  is  to  preside  for  ^'^''"' 
at  least  one  year  next  preceding  his  qualiiication.     Persons  elected 
Justices  of  such  Court,  cannot  practice  law  therein,  directlv  nor'^"^'^''^*'*''-'*"- 

^  '  -  not  practice 

indirectly.  '^w. 

§281.  Xot  less  than  three  of  such  Justices  can  hold  a  Court,  what  num- 
and  when  three  preside  it  recpiires  the  concurrence  of  two  to  ('ourtTn'o'''^ 
make  a  judgment.     AVlien  more  than  three  preside,  there  must  tious!''  '^"''" 
be  a  concurrence  of  three. 

§282.  When  four  of  said  Justices  preside,  and  are  equally  di- when  cquai- 
vided  in  their  opinions,  the  question  or  case  on  which  it  arises  jpfiiuin^h!" 
must  be  postponed  until  the  fifth  Justice  can  preside,  or  until  tliCovt^;.*^'"'^'* 
next  term  of  the  (burt. 

.§283.  They  are  disqualified  from  holding  any  other  county  Their  disa- 
office,  but  are  eligible  as  members  of  the  General  Assembly,  to  leye^an"^'" 

•  Ti  02  1  i    i»  •  •!•    •  1  ,  exemptions. 

military  offices,  and  are  exempt  trom  jury,  militui,  and  patrol 
duty. 

§284.  Suits  cannot  be  entertained  by  such  Justices  where  a  ^^.^/;',!"n,a- 
majority  of  their  number  are  interested,  and  in  such,  and  in  all^lSdVo"' 
cases,  where  such  majority  are  disqualified,  suits  must  be  brought  rlor  coS"' 
5 


66  PT.  1.— TIT.  5.— CHAP.  4.— Judicial  Department. 

Article  1. — The  Inferior  Court  and  its  Justices. 


in  the  Superior  Court,  but  if  brought  before  said  Justices  tliey 
do  not  abate,  and  there  may  be  an  appeal  to  the  Superior  Court 
asjii  other  cases.  ^ 

iSSe"  f   §285.  The  Inferior  Courts  have  authority— 

1.  To  exercise  jurisdiction  concurrent  with  the  Superior  Court 
fin  all  civil  cases,  except  those  respecting  titles  to  land  and  those 
^  [requiring  equity  jurisdiction  or  equity  proceedings. 

•>L  May  change       9.  To  excrcisc  coiicurreut  iurisdiction  with  said  Court  like- 

Y  names,  logit-  _  ... 

\  V   sons  and"^'    '^'isc,  in  changing  names,  legitimating  persons  and  granting  cer- 
^    Mrationr""'  ^aiu  incorporations ;  in  establishing  copies  of  lost  documents,  in 
^  '  compelling  the  production  of  books  or  other  w^ritings,  and  in  other 

V  '-  cases  when  in  like  manner  conferred. 

Powers—         3,  To  excrcisc  within  their  iurisdiction  all  the  power  and  au- 

how  regula-  t        c^  •  r^ 

t«'-  thority  granted  to  the  Superior  Courts,  and  to  l)e  governed  by 

^     I  the  same  rules  whenever  applicable. 
Extent  of  ju!      4-  To  cxcrcise  jurisdiction  in  all  cases  or  matters  granted  to 
risdiction.     ^ij^gj^  specially,  and  which  do  not,  by  the  Constitution,  belong  to 

some  other  tribunal  exclusively. 
May  punish  "'^  5.  To  puiiish  for  coiitcmpt  by  fines  not  exceeding  hfty  dollars, 

contempts.  .  .  ,  t  i±  ^ 

or  imprisonment  not  exceeding  live  days. 
Exclusive         8  286.  To  excrcisc  original  and  exclusive  iurisdiction,  when  sit- 

jurladiction.  ^  *-  i        _r>  n         •  i   • 

ting  for  county  purposes,  over  the  lollowmg  subject  matters,  viz : 
Astocoun-  1.  In  directing  and  controlling  all  the  property  of  the  county 
y  proper  y.  ^^  ^^^^  ^^^^  dccm  expedient  according  to  law. 

As  to  county      2.  In  levying  a  general  tax  for  general,  and  a  special  tax  for 
^^^^'         particular,  county  purposes,  according  to  the  provisions  of  this 

Code. 
As  to  Roads,      3.  In  establishing,  altering,  or  abolishing  all  roads,  bridges  and 

Bridges,  and  ^  ,  ""^  -.  *■ 

Ferries.       ferrics  in  conformity  to  law. 

As  to  Chang-      4.  Ill  establishing  and  changing  election  precincts  and  militia 

ing  election       .        . 
precincts.       dlStriCtS. 

As  to  vacan-      5.  Ill  suppWiug  by  appointment  all  vacancies  in  county  offices, 

cies  in  coun-  ,  ,       .  i  .  j2n    .i 

ty  offices,     and  111  ordering  elections  to  nil  them. 

As  to  claims      6.  In  examining,  settling,  and  allowing  all  claims  against  the 

against  the  . 

county.  county. 

As  to  ac-  7.  In  examining  and  auditing  the  accounts  of  all  officers  hav- 

nanciai°       ing  tlic  care,  management,  keeping  collection  or  disbursement  of 
cers'!  ^  **      money  belonging  to  the  county,  or  appropriated  for  its  use  and 

benefit,  and  in  bringing  them  to  a  settlement. 
As  to  the  S.  In  making  such  rules  and  regulations  for  the  support  of  the 

county  poor.  ^^^^.  ^^  ^^^^  ^^^^^^^^  f^^.  county  poKcc  and  patrol,  for  the  promo- 


PT.  1.— TIT.  5.— CHAP.  4.— Judicial  DEPAK-mENT.  67 


nJ 


Article  1. — The  Inferior  Court  and  its  Justices. 


tion  of  health  and  quarantine,  as  are  granted  bv  law,  or  not  in- 
consistent therewith. 

9.  Li  regulating  peddling  and  fixing  the  costs  of  license  there- a»  to  pea- 

,.  '  Uling. 

tor. 

/  §  287.  The  Justices  of  the  Inferior  Court  have  authority,  viz :  Jwuecs 
/    1.   lo  issue  and  determine  on  writs  ot  naoeus  corpus  m  the  ab- and  dceid» 
sence  oi  the  Judge  ot  the  bu])erior  Court.  ;"'*• 

2.  To  issue  attachments  returnable  to  the  Superior,  Inferior,  Mny  issua 
■  or  Justices  Courts,  to  grant  orders  for  tlie  foreclosure  of  Mortgagees  ForcdX" 
i      I   on  personal  property,  and  lor  hail  m  actions  eor  delicto^  and  to  <m  personal 


hear  and   determine  upon  questions  of  ])ossession  of  person  alp-ant  biii  in 

\  suits  ex  de- 

I    j)ropeTty.  ueto,  &c. 

s^    1       3.  To  exercise  separately  the  same  powers  in  all  criminal  mat-  xiay  hoar 
^    /  ters,  as  are  by  law  vested  in  Justices  of  the  Peace,  with  the  con-  >^'immu. 
s?    I   dition  that  in  all  capital  cases  three  must  ]>reside  on  the  commit- 
J      \  ting  trial. 

4.  To  sit  at  any  time  as  a  Court  for  county  ])urposes,  and  for  Ma)-  sit  at 
the  exercise  ot  any  power  tJiey  possess  as  Justices,  as  a  ^?/rt^s'?  tounty  pur- 
corporation,  contradistinguished  from  their  power  as  a  Court. 

5.  To  api^oint  any  person  to  discharj^e  any  trust  authorized  bv  M»y  appoint 
their  powers,  where  no  other  person  is  designated  by  law,  and  to 
regulate  his  compensation,  and  to  take  bond  and  security. 

().  To  attest  deeds  and  other  written  instruments  for  register.    Attest  deeds 

7.  To  approve  of  all  official  bonds  required  of  them  by  law  Approve 
and  sent  them  by  the  Governor  with  the  dedhfius,  to  qualify  ** 
such  officers  and  to  deliver  them  their  commissions. 

8.  To  act  as  members  of  the  Board  of  Education  of  their  re- May  acta, 
spective  counties.  itlmn, 

9.  To  exercise  such  otlier  powers  as  are  granted  by  law  or  are  and  exercis« 
indispensable  to  their  jurisdiction.  ers"^""" 


AKTICLE  II. 

THE  CLERKS  OF  THE  INFERIOR  COURTS. 


Section. 

288.  Election,  qualification,  itc. 

289.  Vacancies — how  filled. 

290.  Oath,  bond,  etc. 


Section. 

291.  May  appoint  a  deputy. 

292.  Duties  enumerated. 

293.  His  compensation  m  certain  cases. 

§  288.  The  Clerks  of  the  Inferior  Courts  are  elected,  qualified,  tfrm*i,7\fftl^ 
commissioned,  hold  their  offices  and  are  removed  as  the  Clerks  of '"• 
the  Superior  Courts  are. 


68  PT.  1.— TIT.  5.— CHAP.  4.— Judicial  DEPAimiENX. 


Article  2. — The  Clerks  of  the  Inferior  Courts. 


.fee 


(Itputy. 


Clerk : 

To  attend 
Court, 


Vacancies—      8  289.  Vacaiicies  are  supplied  as  they  are  in  the  offices  of  the 

how  filled.      ^,      ,  ,  „  •        r^  i  ^        t         •  ,-     i        -r 

Clerks  ot  tlie  Superior  Courts,  except  that  the  Justices  oi  the  in- 
ferior Courts  appoint  in  the  particuhir  cases  Avliere  the  Judges  of 
the  Superior  Courts  ap})oint,  and  Avlici'c  the  contingency  hap- 
pens mentioned  in  section  number  255,  the  duties  devolve  upon 
the  Clerks  of  the  Superior  Courts,  if  any,  and  if  none,  then  as 
provided  for  in  said  section. 

Oath,  bomi,  §  290.  The  Clerks  of  the  Inferior  Courts  take  the  same  oaths 
and  give  the  same  bond  as  the  Clerks  of  the  Superior  Courts,  and 
are  removable  in  the  same  manner. 

May  appoint  §^91.  Tlicy  may  appoint  deputies  and  require  bonds  of  them 
and  are  otherwise  under  the  same  disabilities — are  subject  to  the 
same  rules  and  regulations,  and  must  perform  the  same  duties  as 
the  Clerks  of  the  Superior  Courts  do  for  their  Courts,  whenever 
applicable  to  the  Inferior  Court  and  there  is  no  provision  to  the 
contrary. 

Duties  of         §  292.  In  addition,  it  is  their  duty — 

1.  To  attend  all  sessions  of  said  Court,  and  all  sessions  of  said 
Justices  on  county  business  and  keep  fair  and  regular  minutes  of 
their  proceedings. 

Give  notice       2.  Upon  the  request  of  any  one  of  them,  to  notify  the  Justices 

sessions,  of  tlic  Inferior  Court  of  the  time  and  cause  of  every  special  ses- 
sion. 

Keep  dock-       3.  To  kccp  all  tlic  dockcts,  books,  indexes  and  files  required  of 

book"  ^'^''''^the  Clerks  of  the  Superior  Courts  (except  the  equity,  appeal, 
criminal  and  certiorari  dockets,  and  the  books  for  the  record  of 
deeds,  mortgages,  and  bills  of  sale)  and  in  the  same  manner. 

To  keep  4.  To  keep  a  well  bound  book,  in  which  must  be  entered  a 

books  of  olti-  .Til/'  ,1. 

ciai  bonds,    copy  of  tlic  boiids  of  couiity  ofncers. 

BookofCon-      5.  To  keep  other  books,  in  which  must  be  kept  the  records  of 

retaikM-s"'^   all  coustablcs  bonds,  and  in  the  other  the  oaths  and  bonds  of  all 

oaths! ''"'     persons  who  obtain  permission  to  sell  spirituous  liquors. 

To  keep  G.  To  keep  a  book  for  entering  marks,  brands  and  estrays,  and 

marks' and    a  book  for  the  registry  of  the  names,  descriptions  and  oaths  of 

licensed  peddlers. 
To  enter  all       7.  To  outcr  Oil  tlic  minutcs  the  items  of  all  accounts  allowed 
wd?**"'"  by  the  Justices  of  the  Inferior  Court,  as  well  as  the  order  for 

their  payment. 
,,  ,  8.  To  keep  a  book  in  which  shall  be  entered  all  sums  received 

To  keep  ac-  -L 

moQiefi-e-    ^Y  theiii  Oil  accouut  of  the  county  and  paid  to  the  Treasurer, 
'aidtu't,"'^    and  for  what  special  fund,  if  any. 


l^T.  1. — TIT.  5.-— CHAP.  4. — Judicial  Department.  69 


Article  2.— The  Clerks  of  the  Inferior  Courts. 


9.  To  transmit  to  tlie  Clerk  of  the  Superior  Courts,  all  appeal.  To  transmit 

...  -  '  '11?  appeals. 

cerU&rari,  and  otJier  papers  of  wliicli  the  8u])eri<.r  Court  ohtains 
jnrisdiction, 

10.  To  perform  such  other  duties  as  are  or  may  he  required  ofotiurdu- 
them  hy  law,  or  as  are  indispensahle  to  those  required. 

§293.  For  the  services  tliey  are  required  to  perform  for  the  ^<^mpcnM- 
Justiees  of  the  Inferior  Court  on  account  of  their  counties,  for  ta*?"  senT-' " 
which  no  fees  are  specially  provided,  they  shall  receive  an  annu-^'* 
al  salary  to  he  fixed  hy  such  Justices  at  the  close  of  each  year,  to 
he  regulated  hy  the  services  performed  and  the  means  of  the 
county,  which  shall  he  not  less  than  fifty  nor  more  than  two  hun- 
dred dollars. 


CHAPTER  V. 

ORPINATUKS. 

Article  1.  The  Ordinaries  and  their  Courts. 

Article  2.  The  Ordinaries  as  Clerks. 

Artk-le  8.  The  Ordinaries  as  School  Commissioners,  etc. 


AETKTE  I. 

TKK  ORDINARIES  AND  TIIKIR  COURTS. 

Section.  |  Section. 

294.  Name  and  style  of  the  Ordinary.  |   .-{04.  Who  takes  Administration. 

295.  His  election  and  term  of  office.  305.  Where  Ordniary's  office  must  be  kept. 
29G.  His  oath  of  office.                                   306.  Jurisdiction  &  powers  of  his  Court. 
297.  His  bond.  j  307.  May  punish  for  contempt.  Ac. 
"98.  Vacancies— how  filled.                           308.  May  grant  Administration— when. 


299.  Ordinaries  elected  to  fill  vacancies. 

300.  Must  complete  unfinished  business. 
30L  When  Ordinary  is  disqualified. 

302.  Eligibility  .t  disabilities  of  Ordinary 

303.  His  trust  as  Executor.  Adm'r.,  kc. 


309.  Administration  in  certain  cases. 
.310.  Must  report  estates  unrepresented. 

311.  Failing  to  account  as  E.\ecutors,  kc. 

312.  Cannot  i)ractice  law  in  his  own  Court. 


if  Ol- 


§204.  Tlie  Court  estahlished  pursuant  to  the  amended  Coiisti-Na">o  an,i 
tution,  approved  the  second  time  Decemher  5th,  1851  has  the'>~U'" 
name  and  style  of  the  Court  of  Ordinary,  and  the  incumhent '"'^ '""" 
thereof  has  the  name  and  style  of  the  Ordinarv. 

^295.  The  Ordinaries  are  elected  hy  the  people  of  their  re-Ei«..io„..„,i 
spective  counties,  at  the  time  and  in  the  manner  hereinafter  pre- Ir  ^"' ^■'■ 
scrihed,  who  hold  their  ofiices  for  four  years,  unless  sooner  re- 
moved m  the  manner  i)rescrihed  by  laM". 


70  FT.  1.— TIT.  5.— CHAP.  5.— Judicial  Department. 


Article  1. — The  Ordinaries  and  their  Courts. 


Oath.  §  296.  Before  entering  on  the  duties  of  tlieir  offices  tliey  must 
take  and  file  tlie  oatlis  required  of  all  civil  officers,  and  in  addi- 
tion, the  following  oath:  "I  do  swear  that  I  will  well  and  faith- 
fully discharge  the  duties  of  Ordinary  for  the  county  of dur- 
ing my  continuance  in  office  according  to  law,  to  the  best  of  my 
knowledge  and  al)ility,  without  favor  or  affection  to  any  party, 
and  that  I  will  only  receive  my  legal  fees.     So  help  me  God." 

Bond.  §  2^'^-  They  must  also  give  bond  and  surety,  in  the  sum   of 

$1,000,  for  the  faithful  discharge  of  their  duties  as  Clerks  of  the 
Ordinary. 

Vacancy—        S  298.  Whcii  a  vacaiicv  occurs  in  the  Ordinary  there  shall  be 

hovr  filled.  '^  .  ^  i       V         •  . 

an  election  to  supply  the  same,  ordered  by  the  Justices  of  the 

Inferior  Court,  in  the  same  manner  as  for  Clerk  of  the  Superior 

Court,  and  until  the  same  is  filled  the  Clerk  of  the  Superior  Court 

shall  perform  all  the  duties  which  the  Ordinary  could  perform  as 

Clerk,  and  no  more. 

Term  of  Or-      §  ^99.  Tlic  pcrsoii  elcctcd  to  supply  the  vacancy  must  be  com- 

•d'to^fiii  va-  missioned  for  the  unexpired  term,  unless  it  does  not  exceed  three 

*^'^^'        months  from  the  time  the  election  can  be  ordered  and  held,  if 

so  there  must  not  be  any  special  election. 
Citations  &c.      §300.  All  citatious,  and  other  unfinished  proceedings  of  the 
edrfbysuc-foi'iner  Ordinary  must  be  disposed  of  l)y  the  successor  as  though 

tliere  had  been  no  vacancy. 
Proceedings  §  301.  Wlicn  tlic  Ordinary  is  disqualified,  the  proceedings  shall 
nary'^is  dis-  be  Carried  as  though  by  consent  of  parties,  by  appeal,  to  the  Su- 
perior Court,  and  in  the  mean  time  temporary  letters  shall  issue, 
or  other  legal  means  used,  if  necessary,  to  preserve  the  estate. 
Eligibility  §302.  The  eligibility  and  disabilities  of  the  Ordinary,  aside 
ties  of^ordi-  IVom  tlic  Constitutioii,  are  the  same  as  the  Clerks  of  the  Su- 

nary, 

perior  Courts  for  their  offices,  with  the  addition  that  they  can- 
not, during  their  terms  of  office,  be  executors,  administrators, 
or  guardians,  or  other  agent  of  a  fiduciary  nature  required  to 
account  to  their  Courts,  but  they  may  be  administrators,  guar- 
dians or  executors  in  cases  where  the  jurisdiction  belongs  to 
another  county,  or  where  in  special  cases  they  may  be  allowed 
by  law  and  required  to  account  to  the  Ordinary  of  another 
county. 
His  trust  as  §  303.  When  any  person  holding  such  trusts  are  elected  Ordi- 
Acrabates    narics   tlicir  letters  and   powers  (immediately)  abate  on  their 

on  his  eloo-  i  •  r;       .  • 

tion.  quanncation. 

§  304.  When  the  Ordinary  is  also  the  Clerk  of  the  Superior 


PT.  1. — TIT.  5. — CHAP.  5. — Judicial  Depaiitment.  71 


Article  1. — The  Ordinaries  and  their  Courts. 


Court,  and  there  is  no  public  administrator,  or  other  person  upon  ^^°^t?^i^^^» 
whom  the  law  casts  the  administration  of  unrepresented  estates,  IJ^J^^^;;^'!^"^^ 
sucli  administrations  are  cast  upon  the  Clerks  of  Inferior  Courts,  j^s^cierk^^^; 
unless  they  too  are  Ordinaries,  in  which  last  event  the  Sheriffs 
of  the  several  counties  must  become  such  administrators. 

^305.  Tlif  Ordinaries  must  keei)  their  offices  at  the  place  and  whore  his 

"  ^  *■  oiiico  must 

in  the  manner  prescribed  for  Clerks  of  the  Superior  Courts,  and  I'c  kept, 
must  hold  their  Courts  at  the  place  prescribed  for  the  Superior 
Courts,  or  in  their  offices. 

§306.  Courts  of  Ordinarv  have  authority  to  exercise  orii^inal, -TuHsdiction 

o  •  ...  andpowiTof 

exclusive  and  general  jurisdiction  of  the  following  subject  mat-  [^'^.'^Ynw/ 
ter: 

1.  Probate  of  Wills. 

2.  The  o;rantin<r  of  letters  testamentarv  of  administration, 
and  the  repeal  or  revocation  of  the  same. 

3.  Of  all  controversies  in  relation  to  the  right  of  executorship 
or  administration. 

4.  The  sale  and  disposition  of  the  real  and  slave  property  be- 
longing to,  and  the  distribution  of  deceased  persons  estates. 

5.  The  appointment  and  removal  of  guardians  for  minors  and 
l>ersons  of  unsound  mind  and  free  persons  of  color. 

<>.  All  controversies  as  to  the  right  of  guardianship. 

7.  The  auditing  and  passing  the  returns  of  all  executors,  ad- 
ministrators and  guardians. 

8.  The  discharge  of  former,  and  the  requiring  of  new  surety, 
from  administrators  and  guardians. 

li.  The  l)inding  out  of  orphans  and  apprentices,  and  all  con- 
troversies between  master  and  apprentice. 

10.  The  issuing  commissions  of  lunacy  in  conformity  to  law. 

11.  Of  all  such  other  nuitters  and  tilings  as  appertain  or  relate 
to  estates  of  deceased  persons  and  to  idiots,  lunatics  and  insane 
persons,  and  free  persons  of  color. 

12.  Of  all  such  matters  as  may  be  conferred  on  them  by  the 
Constitution  and  Laws. 

§  307.  Such  Courts  may  issue  rules  and  attachments  for  con-  May  punish 
tempts  offered  the  Court,  or  its  process,  by  any  executor,  admin-  amuufwce 
istrator,  guardian  or  other  person,  and  may  punish  the  same  by  airorderg. 
lines  as  high  as  lifty  dollars,  or  imprisonment  not  exceeding  five 
days  (one  or  both.) 

§30S.  The  Ordinary  can  grant  administration  upon  no  person's 
e»tate  who  was  not  a  resident  of  the  county  where  the  applica- 


72  PT.  I.— TIT.  5.— CHxVP.  5.— Judicial  Depaetment. 

Article  1. — The  Ordinaries  and  their  Courts. 


In  what      tion  is  made  at  the  time  of  his  death,  or  beino:  a  non-resident  of 

cases  Ordi-  '  ~ 

nary  may     tlie  State  has  proportv  in  said  county  or  a  bona  fide  cause  ot 

Srantaduiin-  _  . 

istratiou.      actioii  ag'ainst  some  person  tlierein. 

inivhat  §309.  AVhen  such  non-resident  deceased   persons  have  such 

county  ad-  ,  .... 

ministra-     property,  or  such  cause  ot  action  in  more  than  one  county,  such 

tion  may  hts  '  -,     .  ,  ,  ,     ,  " 

granted.       letters  may  be  granted  in  either  county,  and  tlie  Ordinary  first 

granting  them  acquires  cxchisiye  jurisdiction. 
Must  report     §310.  Such  Ordinaries  shall  at  each   term   of  the    Superior 

estates  un-     /-^  ,  , 

represented.  Courts  of  their  respective  counties  report  to  the  presiding  Judge 
the  estates  in  their  hands  unrepresented  together  ^yith  their  con- 
dition. 

FaiiinRto         §311.  If  auv  Ordinary  fails  to  faithfully  account  as  executor, 

account  as  ,       .     .  '  t  />  t  •        '^      r       t 

executor,      administrator  or  guardian,  after  bccommfr  such  Ordinary,  which 

&c.,  makes  i        i      i  i  i  •  • 

himineiigi-  ti'usts  he  held  at  the  time  of  his  election,  he  is  inelio-ible  to  a  re- 

ble  to  re-  .  .  o 

election.         elcCtlOll. 

cannotprac-      §312.  Ko  Ordinary  sliall  engage  directly  or  indirectly  in  the 

tice  law  in  ,  •  j?  i  •       i   •  •  *"     'i  i>  i 

his  own  practice  ot  law  in  his  own  or  m  the  name  ot  another,  as  a  part- 
ner,  open  or  silent,  or  otherwise,  m  any  cause  or  proceeding  m 
his  own  Court,  or  in  another  Court,  of  which  his  Court  has,  or 
has  had,  or  may  haye  jurisdiction. 


ARTICLE  II. 

THP]  ORDINARIES  AS  CLERKS. 

Section'.  |  Section. 

313.  Ordinaries  may  appoint  Clerks.  j   315.  The  Ordinary  may  require  bond,  A'o. 

314.  Powers  of  such  Clerks.  j  316.  Special  duties  of  the  Clerk. 

Ordinaries        §313.  The  Oi'diuari OS  are,  bv  yii'tuo  of  their  offices.  Clerks  of 

are  Clerks  of,,.  ^-^  ii"^  i-  •    i_ 

their  own  tlicir  owu  Courts,  but  tlicy  may,  at  their  own  expense,  appoint 
one  or  more  Clerks  for  whose  conduct  they  are  responsible,  who 
hold  their  offices  at  the  pleasure  of  such  Ordinary. 

Powers  of        §314.  Such  appointed  Clerks  may  do  all  acts  the  Ordinaries 

Clerk  and  "  ■'■  -^ 

Ordinary,     could,  iiot  Judicial  in  their  nature. 

May  give         §315.  When  Clerks  are  thus  appointed,  before  entering  on  the 

duties  of  their  offices,  they  may  giye  to  the  Ordinary  a  bond  and 

security  in  the  sum  of  one  thousand  dollars. 
The  duties        §31<3.  It  is  the  duty  of  such  Clerks,  or  the  Ordinaries  acting  as 

of  the  Clerk  i 

of  the  Court  SUCH 

r  marj.       ^^  rp^  issuc  all  citatioiis  required  by  law. 

2.  To  grant  temporary  letters  of  Administration. 

3,  To  grant  marriage  licenses. 


FT.  1. — TIT.  5.— CHAP.  5. — Judicial  Depaktment. 
Article  2. — The  Ordinaries  as  Clerks. 


4.  To  issue  allji.fas.  for  costs  on  all  judgments  of  the  Ordi- 
nary or  other  process  necessary  to  enforce  them. 

5.  To  issue  subpoenas  for  witnesses,  and  all  similar  process  for 
ripening  a  trial. 

6.  To  issue  any  paper  or  ])rf)('ess  by  order  of  the  Ordinary,  and 
bearino;  test  in  his  name  as  other  Clerks. 

7.  To  keep  fair  and  regular  minutes  of  eacli  session  of  the 
■Court,  entered  in  a  well  bound  book,  and  such  other  services  du- 
ring term  time,  as  the  Ordinaries  may  require. 

8.  To  keep  in  their  offices  other  suitabk^  l)ooks  for  the  follow- uooks  to  be 

kept  in  the 

mg  purposes,  viz  :  office  of  the 

11         1     ,'  1  1       i«       Ml  Ordinary. 

A  book  tor  the  record  oi  wills. 

Another  for  the  record  of  all  letters  of  Administration  and 
Ouardiansliip. 

Another  for  the  record  of  all  bonds  given  by  Administrators 
and  Guardians. 

Anotlier  for  the  record  of  all  appraisements,  inventories  and 
schedules. 

Anotlier  for  the  record  of  all  accounts  of  sales. 

Another  for  tlie  record  of  all  accounts  current,  authorized  to 
be  made  to  tlie  Ordinary,  togetlier  with  the  vouchers  accompa- 
nying the  same. 

Another  for  the  record  of  all  marriage  licenses,  and  the  returns 
thereon. 

Another  as  a  docket  in  which  to  enter  all  applications,  and 
other  proceedings  in  the  order  they  are  made,  and  which  shall  be 
called  in  like  order  at  each  session. 

Anotlier  for  the  record  of  all  official  bonds  required  to  be  re- 
corded in  the  ( )rdinary's  office. 

Another  for  the  registry  of  all  free  persons  of  color. 

0.  To  procure  and  preserve,  for  public  inspection,  a  complete 
iile  of  all  newspapers  in  which  their  advertisements  appear,  as 
the  Clerks  of  the  Superior  Court  are  required. 

10.  To  keep  their  books  and  papers  arranged,  filed  and  labeled 
and  indexed  as  said  Clerks  are  required. 

11.  To  give  transcripts  likeM'ise  as  they  are  required,  and  when 
the  Ordinary  and  the  Clerk  are  the  same  person,  so  to  state  in 
the  certificates. 

12.  To  perform  any  other  duty  required  of  them  ])y  law,  or 
■whicli  is  indispensable  to  those  required. 


74  PT.  1.— TIT.  5.— CHAP.  5.— Judicial  Department. 


Article  3. — The  Ordinaries  as  School  Commissioners. 


AKTICLE  III. 

TIIK  ORDINARIES  AS  SCHOOL  COMMISSIONERS. 

Sbctiox.  ISectiox. 

311.  Ordinaries  are  scliool  commis.sioners.  I   319.  Special  duties  of  the  Ordinary. 
.318.   Shall  ^dvo  additional  bond. 

Ordinaries        §317.  The  OrdiiiaHes  are,  1)V  virtue  of  tlieir  offices,  School 

are  .School       ^^  .      .  '        .•  ' 

commis-      Ooniiiiissioners,  members  of  the  Board  of  Education,  and  Treas- 

urers  thereof  for  their  respective  counties, 
fldditiotid         §^^^-  Before  entering  on  tlie  duties  of  their  offices,  i'n  addi- 
oath.  tion  to  the  oath  and  bond  already  prescribed,  they  shall  take  an 

oath,  "  faithfully  to  discharge  all  the  duties  imposed  upon  them 
as  such,  and  to  faithfully  apply  and  account  for  all  money  com- 
ing to  their  hands  in  said  capacity,"  and  shall  also  give  bond  and 
Shall  give     surety,  payable  to,  and  ajjproved  by  the  Justices  of  the  Infe- 
bond.'"°^     i'i<jr  Court,  in  double  the  sum  of  the  whole  School  Fund,  arising 
from  all  sources,  conditioned  for  the  faithful  discharge  of  their 
duties,  and  application  of,  and  accounting  for  said  fund  for  the 
purposes,    and  in  the  manner  prescribed  by  law,  as  Treasurer  of 
boni^  "^^  said  Board  of  Education,  which  oath  and  bond  shall  be  entered, 
ed,&c?°  *"^  filed  and  recorded  as  his  other  oaths  and  bonds  are, 
§319.  It  is  their  duty  in  said  capacities — 

Special  du-  -l       rn  ,  i  .         t       .  ■,         ^  11 

ties  of  the         1.   10  enter  yearly,  as  soon  as  received,  m  a  book  to  be  kept 

Ordinary  ,  ^  j  7  :  j. 

&c.       '     for  that  purpose,  the  names  of  all  cliildren  entitled  to  the  benefit 

of  the  School  Fund. 
Must  attend      2.  To  attciid  tlic  sessious  of  tlie  Board  of  Edu(;ation,  and  once 

meetings  of   ,  ' 

the  Board  of  111  each  vcar  to  report  to  tliem  the  (condition  of  the  funds  in  their 

Education.  -  -t 

hands  ;  the  amounts  due  teachers  ;  the  probable  revenues  and  ne- 
cessities for  the  current  year. 
iiisreporttc      3.  To  lav  Said  reports  before  tlie  first  Grand  Juries  of  tlieir  re- 

the  Grand  •"•in 

Jury.  spective  counties  at  the  first  session  thereafter,  and  to  each  suc- 

cessive Grand  Jury,  until  action  is  had  thereon,  together  with 
the  action  of  said  Board  of  Education,  and  specially  to  inform 
said  jury  of  the  number  of  children  entitled  to  the  benefit  of  the 
School  Fund,  and  the  amount  of  funds  on  hand  after  paying 
teachers  for  the  previous  years,  aside  from  what  may  be  raised 
from  county  taxation. 

Mustkepi)        4.  To  keep  full  and  fair  accounts  of  all  his  recei])ts  and  dis- 

an  account  /-  i 

of  recdpts    bursements  in  a  well  bound  book,  kept  for  that  purpose,  showing 

bursements.  the  different  amounts  received,  when  received,  and  from  what 

source  and  to  whom,   when  paid  and  for  what  purpose,  which 


PT.  1.— TIT.  5.— CIIAP.  5.— Judicial  Depaktment.  75 

Article  3. — The  Ordinaries  as  School  Commissioners. 


shall  be  laid  before  the  Grand  Jury  for  their  inspection  whenever 
they  require  it. 

5.  To  pay  teachers  of  such  children,  and  any  other  charge  on  Must  pay 
such  fund,  in  the  manner  prescribed  by  law,  and  said  Board  of  ^^'^  '"^' 
Education  taking  and  filing  proper  vouchers  for  ihe  same. 

G.  To  keep  by  themselves,  or  their  Clerks,  (if  any,)  the  min-  Must  keep 
utes  of  said  Board  of  Education  in  a  book  to  be  kept  for  that  of  the  Edu- 
purpose,  which  shall  be  deposited  in  their  offices  for  public  in-  Board, 
spection. 

7.  To  issue,  in  sucli  capacity,  any  order  or  process  such  Board  ordersof the 

Board. 

may  require. 


CHAPTER  YI. 

SHERIFFS  AND  THEIR  DEPUTIES. 


Section. 

331.  The  Sheriff  is  Jailor. 

332.  Jailors  must  take  an  oath. 

333.  Bond  and  oath  must  bo  recorded. 

334.  Jailors  bound  to  receive  prisoners. 

335.  Sheriff  liable  for  acts  of  deputy. 

336.  Sheriff's  duty  in  executing  orders. 

337.  His  book  of  entries  when  filled. 

338.  Cannot  purchase  at  his  own  sale. 

339.  When  allowed  fees. 


Prctiox. 

320.  Sheriffs — how  elected. 

321.  A  surety  for  Tax  Collector. 

322.  Vacancies  in  the  office  of  Slieriff. 

323.  His  oath  of  office. 

324.  Must  give  bofad. 

325.  Bond  to  be  examined. 
32G.  His  bond — where  recorded. 

327.  Judge  of  the  Court  may  examine. 

328.  When  a  Sheriff  is  succeeded. 

329.  Sheriff's  office— where  to  be  kept,     j  340.  DeHuilting  Sheriffs. 

330.  May  appoint  deputies. 

§  320.  The  Sheriffs  are  elected,  qualified,  commissioned,  hold  how  dl^ea 
tlieir  ofiices  for  the  same  term,  and  are  sul)ject  to  the  same  disa-  oIll^anT^'^' 
bilities  as  the  Clerks  of  the  Superior  Courts.  iee™ " 

§321.  A  security  for  any  Tax  Collector,  or  other  bolder  of Di^^^^^^Jlf^, 
public  money  is  ineligible  to  the  office  of  Sheriff,  until  all  moii-  o"^'=*^- 
ies  for  wliich  he  is  bound  shall  have  been  paid  to  the  proper  au- 

tliority. 

§  320.  Vacancies  are  filled,  and  the  alter  proceedings  are  as  in  ^*^^if/<j*~ 
case  of  vacancies  in  Clerks  of  the  Superior  Courts,  except  that 
in  case  there  is  a  faihire  to  appoint,  as  set  forth  in  section  257, 
the  Coroner  of  the  county  shall  act  as  Sheriff',  and  if  there  is  no 
Coroner  the  Ordinary  shall  make  a  temporary  appointment,  and 
on  failure  of  both,  the  Sheriff  of  any  adjoining  county  is  author- 
ized to  act  as  Sheriff'  until  the  Justices  of  the  Inferior  Court 
shall  make  their  appointment  or  there  is  an  election. 


^^  PT.  1. — TIT.  5. — JroiciAL  Depaktment. 


Chapter  6. — The  Sheriffs  and  their  Deputiep. 


i«s  oath  of       §  323,  Before  entering  on  the  duties  of  their  office  thcv  shall 

omce.  '-'  t, 

take  and  subscribe,  beside  the  oatli  of  all  civil  officers,  the  fol- 
lowing oath,  before  the  Judge  of  the  Superior  Court  or  Justices 
of  the  Inferior  Court,  viz  :  "I  do  swear  that  I  will  faithfully  exe- 
cute all  writs,  warrants,  precepts  and  process  directed  to  me  as 
Sheriff  of  this  county,  or  which  are  directed  to  all  Sherilfs  of  this 
State,  or  to  any  other  Sheriff  specially,  I  can  lawfully  execute, 
and  true  returns  make,  and  in  all  things  well  and  truly,  and 
without  malice  or  partiality,  perform  the  duties  of  the  office  of 

Sheriff  of county,  during  my  continuance  therein  aiid  take 

only  my  lawful  fees.     So  help  me  God." 

Must  give  §324.  They  shall  also  give  a  l)ond  with  at  least  two  sureties, 
in  the  sum  of  twenty  thousand  dollars,  (unless  changed  to  a 
less  or  greater  amount  by  local  acts  now  in  force  or  hereafter  to 
be  enacted,)  conditioned  for  the  faithful  performance  of  their  du- 
ties as  Sheriffs,  by  themselves,  their  deputies,  and  their  Jailors, 
and  upon  the  terms  required  by  law. 

His  bond-       §325.  Such  bonds  shall  be  approved  by  three  Justices  of  the 

by  whom  to   y     ,,      .         ^^  p     t 

be  examined  Interior  Court  of  the  county,  and  then  deposited  in  the  office  of 

and  approv-     ,         ^,      t         e>     -i         r^ 

ed.  the  Clerk  of  the  Superior  Court,  until  the  first  session  of  that 

Court  thereafter,  when  the  presiding  Judge  shall  examine  said 
bonds,  and  if  taken  in  conformity  to  the  law,  and  the  sureties 
are  sufficient,  so  declare  by  order  and  have  them  spread  upon  the 
minutes  of  tlie  Court,  and  if  it  has  not  been  so  taken  they  shall 
give  another  bond,  whicli  said  Judge  is  authorized  to  take  and 
have  entered  on  said  minutes. 

Such  bond  to      §326.  When  said  bonds  are  thus  approved  bv  the  Justices  of 

be  recorded      ■,       -r  .  "^ 

and  deposit- the  Inferior  Court,  and  before  deposited  in  said  office,  they  shall 
be  recorded  in  the  office  of  the  Clerk  of  the  Inferior  Court,  and 
after  being  passed  upon  by  the  Judge  of  the  Superior  Court, 
shall  be  returned  to  the  office  of  said  Clerk  of  the  Inferior  Coui*t 
and  by  him  filed,  and  if  the  Judge  of  the  Superior  Court  com- 
pels said  Sheriff  to  give  a  new  bond,  after  having  been  a})proved 
and  entered  on  the  minutes,  it  shall  be  filed  in  the  office  of  the 
Clerk  of  the  Inferior  Court  and  be  recorded  therein  without  fmv 
tlier  ai^proval. 

Judge  of  su-      §327.  If  a  term  of  the  Superior  Court  is  held  in  the  county 

penor  Court  ,  -^  •' 

may  exam-   bcforc  tlic  Justiccs  of  tlic  Inferior  Court  shall  have  aT)pr<)ved  the 

ine  said  bond  -i-  i 

instanc^e^in  ^^^^^'^^''^  bond,  the  Judgc  of  the  Superior  Court  may  do  so  in  the 

certain  cases,  first  instance,  being  careful  to  take  the  opinion  of  such  Justices, 

or  a  part  of  theui,  or  the  Ordinary,  as  to  the  solvency  and  sufUcien- 


PT.  1. — TIT.  5. — Judicial  Depaktment.  77 

Chapter  6.— The  Sheriffs  and  their  Deputies. 


cy  of  tlie  sureties,  and  having  so  approved  the  other  proceedings 
are  as  liereinafter  set  fortli. 

§aL>S.  W]ien  a  Sheriff's  deputy  is  the  succeeding  JSheriii"  the  wi.en  a 
sureties  must  be  essentially Viitterent  from  those  on  such  Sheriff's  fuccefdld 

bond.  I'V  his  depu- 

ty. 

§  'S'2d.  Sheriffs  must  keep  their  offices  at  the  same  place  and  on  sheriff's  of- 
tlie  same  terms  as  Clerks  of  the  Superior  Court  are  required.        ''"' 

§a;^().  They  are  authorized,  in  their  discretion,  to  appoint  one  M»y appoint 
or  more  deputies,  from  whom  they  must  take  a  bond  with  sure- '"^'^"'^' 
ties. 

§331.  They  are,  by  virtue  of  their  offices.  Jailors  of  the  conn- Mav appoint 
ties,  and  have  the  appointment  of  Jailors,  subject  to  the  super- '''''^"'■'• 
vision  of  the  Inferior  Court,  as  prescribed  in  tliis  Code. 

§332.  Before  entering  on  tlie  duties  of  their  office,  such  Jail-.T.iiorsmust 
ors  must  give  to  the  Sheriff  bond  and  surety  for  the  sum  of  one  i:,dyivo""' 
thousand  dollars,  conditioned  for  the  faithful  performance  of  their  ^'""''• 
duties  as  Jailors,  and  shall  take  and  subscribe  before  some  one  of 
the  Justices  of  the  Inferior  Court  of  the  county  the  following 
oath,  viz:  "I  do  swear  that  I  will  well  and  truly  do  and  perform^ 

all  and  singular,  the  duties  of  Jailor  for  the  county  of ,  and  Form  of  his 

that  I  will  humanely  treat  prisoners  who  may  be  brought  to  the*"""'' 
jail,  of  which  I  am  keeper,  and  not  suffer  them  to  escape  by  any 
negligence  or  inattention  of  mine.     So  help  me  God.'' 

§333.  Such  bond  and  oath  must  be  tiled  and  recorded  as  those  Bond  ami 
of  a  Sherift*'s  deputy.  oath  must  be 

r     ",]  roeorilediind 

§334.  It  shall  be  the  duty  of  the  keepers  of  the  several  jails  Sirs 
withm  this  State  to  receive  into  their  respective  iails,  and  safely  cirje^sons 
keep  therein,  all  prisoners  committed  under  the  authority  of  the  3."™ 
Confederate  States,  under  the  like  penalties  and  subject  to  the  thrcJnflde- 
same  action  as  m  the  case  of  prisoners  committed  under  the  au- '"'' "'"*''• 
thority  of  this  State. 

§335.  Sheriffs  are  liable  for  the  inisconduct  of  the  Jailor  as  sheriffs  lia- 
they  are  luible  lor  tlieir  deputies,  and  persons  injured  bv  the  Jail-ml'scm^duct 
or  have  the  same  option  in  suing  the  Jailor's  bond  that'they  have  and  Ss 
in  suing  the  deputy's  bond. 

§  336.  It  is  the  duty  of  the  Sheriff"— 

1.  To  execute  and  return  the  process  and  orders  of  the  Courts  „i,„„ty.  in 
ot  record  of  this  State,  and  of  officers  of  comi)etent  authority,  if  ;;,^;;™'u'e?in.. 
not  void,  with  due  diligence,  when  delivered  to  them  for  that  d''rs,Tc ''''"" 
purpose,  according  to  the  provisions  of  this  Code. 

2.  To  attend  upon  all  sessions,  by  themselves  or  deputies,  of 


^^  PT.  1. — TIT.  5. — Judicial  Department. 


Chapter  6. — The  Sheriffs  and  their  Deputies. 


ipo^n^r""^  *lie  Superior  and  Inferior  Courts  of  the  county,  and  of  the  Court 

Courts.  ^,|>  Ordinary,  M'henever  required  by  tlie  Ordinary,  and  never  to 
leave  said  Courts  wliile  in  session,  without  tlie  presence  of  one  or 
both  of  said  officers  if  required,  and  to  attend  in  like  manner  at  the 

In  attending  placc  of  holding  an  election,  at  the  county  site,  on  the  day  of  an 
election,  from  the  opening  to  the  closing  of  the  polls,  and  to  take 
under  their  charge  all  under  othc^rs  })resent,  as  a  police  to  pre- 
serve order. 

Shall  pnb-         3.  To  publisli  salcs,  citations,  and  other  proceedings,  as  re(piir- 

llSn  8UiC8,  Cl"         111  T  T  »i/»Ti  •iTi 

t8tion8,&c.  ed  by  law,  and  to  keep  a  nle  of  all  newspapers  m  which  their 
oificial  advertisements  appear,  in  the  manner  required  of  Clerks 
of  the  Superior  Courts. 

Keep  an  4.  To  kccp  an  cxecutiou  docket,  wherein  they  must  enter  a 

execution  _       _  y  </ 

docket        full  description  of  all  executions  delivered  to  them,  the  dates  of 
their  delivery,  together  with  all  their  acts  and  doings  thereon, 
and  have  the  same  ready  for  use  in  any  Court  of  their  county. 
'^163?°"'°^       5.  To  keep  a  book,  in  which  shall  be  entered  a  record  of  all 
sales  made  by  process  of  Court,  or  by  agreement  of  parties,  un- 
der the  sanction  of  Court,  describing  accurately  the  property  and 
process  under  which  sold,  the  date  of  the  levy  and  sale,  the  pur- 
chaser and  price. 
and'com-^'^"      ^-  ^^  rcccive  from  the  preceding  Sheriff  all  unexecuted  writs 
i8hed"bus"i-  ^^^  process  and  to  proceed  to  execute  the  same ;  to  carry  into  ef- 
decessor.^"^^" f'sct  any  Icvy  or  arrest  made  by  a  predecessor;  to  put  purchasers 
into  possession,  and  to  make  titles  to  purchasers  at  his  sales,  when 
not  done  by  him. 
S/ri8on7,      '^-  To  take  from  preceding  Sheriff's  custody  of  the  jail  and 
predeceTaor.  tlic  bodics  of  sucli  persous  as  are  confined  therein,  with  the  pre- 
cept, writ  or  cause  of  detention, 
^risono™'^^      8.  To  furnish  prisoners  with  medical  aid,  fire  and  blankets,  to 
flro'^biankets  ^6  reimbursed,  if  necessary,  from  the  County  Treasury,  and  to 
^'^  suffer  a  penalty  for  neglect  as  prescribed  in  this  Code. 

jM\*oYnn°of     ^-  To  take  all  prisoners  arrested,  or  in  execution  under  any 
flounty'in     criminal  or  civil  process  to  the  jail  of  an  adjoining  county,  or  to 
certain  cases  ^1^^  jail  of  somc  othcr  couuty,  wlicu  morc  accessible,  if  the  jail 
of  the  county  is  in  an  unsafe  condition,  under  such  rules  as  are 
prescribed  in  this  Code. 

10.  To  perform  such  other  duties  as  are  or  may  be  imposed  by 
law,  or  which  necessarily  appertains  to  their  offices. 

§  337.  All  books  the  Sheriffs  are  required  to  keep,  after  becom- 


PT.  1. — TIT.  5. — Judicial  Department.  79 


Chapter  6. — The  Sheriffs  and  their  Deputies. 


ine;  full,  must  be  deposited  in  the  office  of  the  Clerks  of  the  Su-  °^«  ^«<''^» 

.         -A,  1       ,  1      .  1  ,        ,  when  filled 

porior  Courts,  to  be  kept  as  their  other  nooks  of  record.  ™"?*  ^e  ^»- 

§  3.38.  No  Sheriff  or  deputy,  or  other  officer  discharging  a  simi-  cannot  vnr- 
lar  duty,  will  be  permitted  to  purchase  any  ])roperty  whatever  atown'X^''' 
his  own  sale,  upon  his  own  bid  nor  upon  tlie  bid  of  any  other 
person  for  him,  directly  or  indirectly,  and  all  sucli  sales  and  deeds 
in  pursuance  thereof,  intended  to  vest  in  sucli  officer  the  title  to 
property  so  purchased,  shall  be  null  and  void. 

§339.  Sheriffs  are  only  entitled  to  such  fees  or  com])ensation  Avhcnaiiow- 
as  the  law  prescribes,  or  upon  an  omission  of  the  law  to  such  thVamol^ 
reasonable  compensation  as  tlie  Court  sliall   award,  and  where""'"**'' 
they  use  property  themselves,  or  liire  it  out  after  lieing  levied  up- 
on, they  arc  not  allowed  a  ]->er  diem  allowance  for  diet,  and  are 
liable  to  the  proper  party  for  the  hire  received. 

340.  If  any  Sheriff  or  deputy  fails  to  comply  with  the  provi-  DefmiitinR 
sions  of  section  336,  he  shall  be  fined  for  a  contemj)t,  as  the  Clerk  edfofc  ^"" 
of  the  Superior  Court  is  in  similar  cjises.     Section  267  also  ap-  *'°'^*' 
plies  to  Sheriffs. 


'  con- 


CHAPTER  YII. 

STATE'S  ATTORNEYS  AND  ATTORNEYS  AT  LAW. 
Akticle  1.  Attorney  General. 
Article  2.  Solicitors  General. 
Article  3.  Attorneys  at  Law. 

ARTICLE  I. 

ATTORNEY  GENERAL. 

Section.  i  Section. 

341.  The  Attorney  General.  |  344.  May  render  service  out  of  Circuit. 

342.  Must  give  bond  and  surety.  I  345.  May  render  service  anywhere. 

343.  His  duties  emuneratod.  | 

§341.  The  Solicitor  General  of  the  Circuit  which  embraces  Attorney 
the  Seat  of  Government  is,  by  virtue  of  his  office,  the  Attorney '"°"'"' 
General  of  the  State. 

§342.  Before  entering  on  the  duties  of  his  office,  he  must  give  Must  ^ive 
bond   and  surety  satisfactory  to  the  Governor,  in  the  sum  ofS"'' 
ten  tliousand  dollars,  and  upon  his  requisition,  must  give  addi- 
tional bond  wiicnever  the  pn])lic  interest  demands. 


80 


PT.  1.— TIT.  5.— CHAP.   7.— Judicial  Department. 


Article  1. — The  Attorney  General. 


Must  give 
his  written 
upinion. 


Prepare  con 
tracts  when 
the  State  is 
interested. 
Attend,  on 
the  part  of 
the  State,  to 
civil  &  crim 
Inal  cases. 


His  general 
duty. 


His  general 
duty. 

May  bo  re- 
quired to  at- 
tend out  of 
his  circuit. 


The  services 
of  Attorney 
General  may 
be  required 
out  of  his 
circuit  by 
Comptroller 
General. 


§  343.  It  is  the  duty  of  the  Attorney  General — 

1.  To  give  liis  opinion  in  -writing,  or  otlierwise,  on  any  ques- 
tion of  law  connected  with  the  interests  of  tlie  State,  or  with 
tlie  duties  of  any  of  the  Dejmrtnients,  Avlien  required  hy  tlie 
Governor,  or  either  of  the  State  House  officers. 

2.  To  prepare  all  contracts  and  writings  in  relation  to  any 
matter  in  which  the  State  is  interested,  when  requested. 

3.  To  attend,  on  the  i)art  of  tlie  State,  to  all  criminal  causes 
in  any  of  the  Circuits,  when  the  Solicitor  General  thereof  is 
prosecuted,  and  to  all  other  criminal  or  civil  causes  toAvhich  the 
State  is  a  party,  when  ordered  l)y  the  Governor. 

4.  To  perform  such  other  duties  as  are  or  may  he  required  of 
him,  or  which  ne('essarily  a})pertains  to  his  office. 

§344.  When  the  services  of  such  Attorney  General  shall  be 
needed  in  either  of  the  Judicial  Circuits  the  presiding  Judge 
thereof  shall  notify  the  Governor,  twenty  days  before,  of  the 
time,  place  and  cause,  and  the  Governor  may  (in  his  discretion) 
order  the  Attorney  General  to  comply,  unless  the  law  in  the 
case  presented  makes  it  his  imperative  duty  to  do  so. 

§345.  It  is  in  the  discretion  of  the  Comptroller  General  to 
require  the  Attorney  General,  when  the  services  of  a  Solicitor 
General  are  necessary,  in  collecting  or  securing  any  claim  of  the 
State,  in  any  part  of  the  State,  either  to  command  the  services 
of  said  Attorney  General,  in  any  or  all  of  such  cases,  or  of  the 
Solicitors  General  in  their  respective  circuits. 


AETICLE  IT. 


SOLICITORS  GENERAL. 


Section. 

346.  Solicitor  General. 

347.  His  oath. 

348.  Yaeancy  how  filled. 

349.  His  qualifications. 

350.  On  the  same  footinj?  as  the  Judge. 

351.  His  special  duties  enumerated. 

352.  May  be  ruled  as  Attorneys. 

353.  Failing  to  attend  Court. 

His  election      §  ^^6.  Each  Superior  Court 
office!'™  ''''licitor  General,  elected  by  the 


Section. 

354.  May  Nol.  Pros,  indictments. 

355.  Penalty  for  exacting  illegal  costs. 
35G.  Who  must  certify  such  proceedings. 

357.  Tampering  with  Grand  Jury. 

358.  May  be  appointed  hy  the  Court. 

359.  An  Attorney  so  appointed. 

!   3G0.  Charges  against  Solicitor  General. 

Judicial  Circuit  must  have  a  So- 
people  thereof  respectively,  who 


PT.  1. — TIT.  5. — CHAP.  7. — Judicial  Depaktment.  81 


Article  2. — Solicitors  General. 


holds  his  office  four  years,  unless  sooner  removed  in  the  manner 

prescribed  by  the  Constitution.* 

§3-i7.  Belbre  entering  on  the  duties  of  tlieir  offices,  beside  ms  oath. 
the  oaths  required  of  all  civil  officers,  they  must  in  addition  take 
the  following,  viz :  "I  do  swear  that  I  will  faitlifully  and  im- 
partially, and  without  fear,  favor  or  affection,  discharge  mv 
duties  as  Solicitor  General,  and  will  take  only  my  laAvful  fees  of 
office.  So  help  me  God."  And  must  also  give  such  bond  and 
surety  as  is  required  of  the  Solicitor,  wlio  by  virtue  of  his  office 
is  Attorney  General. 

§348.   Vacancies   are   tilled,    as    ])rescribed   in    cases   of    the  vacancy 
Judges  of  the  Superior  Courts,  and  the  manner  of  proceeding  is^*^^^"^*^- 
in  every  respect  the  same,  except  that  tlie  person  elected  to  till 
the  vacancy  holds  his  office  only  for  the  unexpired  term,   and 
must  be  so  connnissioned. 

§  34-9.  No  person  is  eligible  to  the  office  of  Solicitor  General  „^^  ^^.g. 
who  has  not  been  a  resident  citizen  of  this  State  five  years  iust  <=-''"o"3- 
preceding  his  election  or  appointment,  who  shall  not  have  been  an 
inhabitant  of  the  circuit,  in  which  he  is  to  serve  one  year,  prior 
tliereto;  who  has  not  attained  the  age  of  twenty-one  years,  and 
who  has  not  been  duly  admitted  and  licensed  to  practice  law  in 
the  Superior  Courts  of  this  State  for  at  least  three  years. 

§350.  A  person  having  been  appointed,  or  elected  a  Sohcitorn  *, 

-,  ...  ,  On  tlie  same 

tor  any  cn-cuit,  is  on  the  same  tooting  of  a  Judge  of  the  Superior  j^^^i"/^! 
Court,  as  set  forth  in  Section  236,  (as  to  retainino-  his  office  ")       retaining 

'    ^  »  yjJ-ixy.'^.j  his  Circuit. 

§351.  Their  duties  within  their  respective  circuits  are—  special  du- 

1.  To  attend  each  session  of  the  Superior  Courts,  regular  or  Must  attend 
adjourned,  unless  excused  by  the  Judge  thereof,  and  remain  court"?""°'" 
until  the  business  of  the  State  is  disi)osed  of 

2.  To  attend  on  the  Grand  Juries,  advise  them  in  relation  to  ¥"**  ""'^"'^ 

/>   1  -1  _  (.iriiiiu  Jury, 

matters  ot  law,  and  swear  and  examine  witnesses  before  them. 

3.  To  administer  the  oaths  the  laws  require  to  the  Grand  and?r"sta(imm- 
Petit   Jurors,  to   the   Bailiffs,   or   other   officers  of  Court,    and '''"^  °"^^'' 
otherwise  to  aid  the  presiding  Judge  in  organizing  the  Courts 

as  he  may  require. 

4.  To  draw  up   all  indictments,  or   presentments  when  re- 

*  The  amended  Constitution  provides  that  the  Judges  of  the  Supreme  and  Superior 
Courts,  the  Attorney  and  Solicitors  General,  sliall  be  appointed  hy  tlie  Governor  bv 
and  with  the  advice  and  consent  of  two-thirds  of  the  Senate;' but  said  amended 
Constitution  not  yet  beiup:  ratified  the  Coditiers  do  not  feel  at  lihcrtv  at  itre^cnt  to 
change  the  law.     See  appendix. 

6 


82  PT.  1.— TIT.  5.— CHAP.  7.— Judicial  Depar™ent. 


Article  2. — Solicitors  General. 


Mustdraw    qnestecl   by  the    Grand   Jury,   and  to  prosecute  all  indictable 

njentsand     offenCCS. 

ments.  5_  "ji^^  proseciitc  or  defend  any  civil  action  in  the  prosecution 

?ilust  prose-  /.i-iTo  "'••  1  Ti 

cute  or  (k-    01-  defence  of  ^vhlch   the    btate   is  interested,  unless  otherwise 

fend  wlicn  ^ 

the  State  is  specially  proyided  tor. 

interested.        i:  *     x 

Must  attend      6.  To  attend  before  the  Supreme  Court,  Avhen  any  criminal 
Court.         cause  is  tried,  emanating  from  their  respective  circuits,  argue 

the  same,   Rud  perform  any  other  duty  therein,  the  interest  of 

the  State  may  require. 
Must  collect      7.  To  collect  all  moneys  arising  from  fines  and  forfeited  re- 
feitures,  and  cognizances,  all  costs  on  criminal  cases,  when  paid  into  Court 
the  County  before  iuderment,   and  not  otherwise ;  and  at  the  Fall  Term  of 

TreoBurer.  ,     ^ ,  ^  •   t       ^        n  m  ^ 

each  Court,  every  year,  to  settle  witli  the  County  Ireasurer,  and 
pay  oyer  to  him  all  moneys  due  him,  according  to  law,  after  a 
fair  and  full  settlement. 
Must  settle       8.  To  Settle  at  the  same  time  with  the  preceding:  Solicitor, 

with  the  pre-  i  i   •    i     i 

ceding  So-  .|iTL(|  pay  Qvcr  to  him  any  moneys  collected,  to  which  he  may  be 
entitled,  and  to  render  to  him,  whenever  required  by  him,  a  just 
statement  of  the  condition  of  his  interests. 
Must  collect  9.  To  collect  all  moneys  due  the  State  in  the  hands  of  any 
due^thc'^^  escheators,  and  pay  oyer  to  the  Educational  fund  ;  and  if  neces- 
iia'nds  of      sary  compel  them  to  pay  by  rule  or  order  of  Court,  or  other 

escheators.  ,/  i.  ^        ■ 

lea'al  means. 
Must  collect      10.  To  collect  all  claims  of  the  State,  they  may  be  ordered  to 

claims  due  ./  ,/  .   -,  . 

the  State      Jq  ijy  the  Comptroller  General,  and  to  remit  the  same  withm 

when  or-  -^  ■'■  , 

dered  by  the  .j-liirty  days  aftcr  collection;  and  on  the  first  day  in  October 

Comptroller  J  ,.'  ^        '  ^  •/  ^  ^ 

General.  evcry  ycar,  to  report  to  him  tlie  condition  of  the  claims  in  their 
hands  in  fayor  of  the  State,  particularly  specifying  the  amounts 
collected  and  paid ;  from  what  sources  received,  and  for  what 
purposes ;  to  whom  paid,  what  claims  are  unpaid,  and  why ;  what 
judgments  have  been  obtained,  when,  and  in  what  Court ;  what 
suits  are  instituted,  in  what  Courts,  and  their  present  progress 
and  future  prospects. 

His  general  11.  To  perform  sucli  otlicr  dutics  as  are,  or  lanj  be  required 
by  law,  or  which  necessarily  appertain  to  their  office. 

Mayberuied      §352.  If  Solicitor  Geiicrals  fail  to  coiuply  with  the  provisions 

at  Law.™*^^^  of  the  preceding  section,  they  are  liable  to  rule,  as  Attorneys  at 
Law  are,  with  all  the  penalties  and  remedies ;  and  on  failure  to 
comply  with  the  terms  of  a  rule  absolute,  within  twenty  days 
from  the  time  it  becomes  final,  it  shall  be  a  ground  of  impeach- 
ment. 


PT.  1.— TIT.  5.— CHAP.  7.— Judicial  Depaktment.  S3 


Article  2. — Solicitors  General. 


§353.  If  they  fail  to  attend  on  the  Courts  of  their  respective  FaiUnB  to  nt- 
Circiiits,  as  required,  thev  are  lialjle  to  l)e  fined,  for  eacli  failure,  nawe  to  bo 
fifty  dollars,  to  be  retained  out  <»f  their  salaries. 

§354.  They  have  autliority,  on  the  terms  prescril)ed  by  ^^'v^'.-uaynoiu 
to  enter  a  noUe prosequi  on  indictments,  and  if,  in  any  cases,  aJJTcmsljca'' 
Solicitor  General  accepts,  directly  or  indirectly,  in  money,  or 
other  valuable  thine:,  or  exacts  more  than  his  lawful  costs  from  „     ,    . 

t"  _      ^  ^  Penalty  for 

the  defendant,  or  anybodv  else,  it  is  a  subiect  matter  of  investi-  f^cting  n- 

'  <J  '  .'  legal  costs. 

gation  by  the  Grand  Jury. 

§355.  If  the  Grand  Jury  i>resents  the  Solicitor  f(»r  having  so  now  pro- 
received  more  than  his  lawful  costs,  he  shall  be  disqualified  from  agMnst  for 
further  discharging  his  official  duties,  until  a  trial  shall  be  liad  ^rcos"tf.'  " 
upon  an  indictment,  and  if  the  trial  results  in  a  conviction,  he 
shall  be  fined  and  imprisoned  at  the  discretion  of  the  Court ;  and 
it  is  also  aground  of  impeachment.     Tlie  disqualification  con- cnnvidion. 
tinues  until  the  adjournment  of  the  next  session  of  the  General 
Assembly. 

§356.  It  shall  be  the  duty  of  the  Clerk  of  said  Court  to  certify  curkshaii 
immediately  such  proceedings  to  the  Governor.  Governor. 

§357.  If  they  take,  or  agree  to  take,  from  any  pei-son,  money,  penalty  for 
or  any  other  valuable  thing,  the  consideration  whereof  is  a  prom- agrccfng  to 
ise  or  undertaking,  to  procure,  or  to  try  to  procure,  a  finding  by  or  oih^r^"'''^ 
the  Grand  Jury  of  "a  bill"  or  "no  bill"'  upon  an  indictment,  or  va'inf,  U)  in- 
to make,  or  not  to  make  a  presentment,  or  to  prolong  or  procras- Grand  ju^ 
tinate  a  State  case,  or  an  arrest,  or  to  advise  it  done,  or  how  it  liberations. 
may  be  done,  the  penalty  and  the  proceedings  are  the  same  as  in 
the  two  ])receding  sections. 

§358.  When  a  Solicitor  is  absent,  or  indisposed,  or  disqualified  Thcsoiidtor 

J,  ..  ,  i.'i'i  •  .,  General  be- 

trom  interest  or  relationsinp  to  engage  m  a  prosecution,  the  pre-  J"?  disquaii- 
siding  Judge  must  appoint  a  competent  attorney  of  the  Circuit  couVt  may 

•       1   •         1  1  ,1  supply  hi» 

to  act  m  his  phice,  or  he  may  command  the  services  ot  the  Soli-P'^^^e- 
citor  of  any  other  Circuit  accessible,  or  he  may  make  a  requisi- 
tion on  the  Governor  for  the  Attorney  General,  as  the  emereencv 
in  his  discretion  may  re(piire. 

§359.  An  Attorney,  acting  as  such  Solicitor,  is  subiect  to  alMnA""""- 
the  laws  governino;  Solicitor  Generals  ;  he  is  entitled  to  the  same  "* '^"'•'^'i"''' 

*^  '-  '  is  entitled  to 

fees  for  what  he  does,  and  incurs  the  same  penalties  in  the  dis-i''*^"'"'' 
charge  of  his  duties. 

§360.  When  any  person  makes  affidavit  before  the  Court  or 
Grand  Jury,  that  in  his  judgment  the  Solicitor  General  is  guilty 
of  an  indictable  offence,  and  that  he  desires  to  prosecute  him.  or 


84  PT.  1.— TIT.  5.— CHAP.  7.— Judicial  Department. 

Article  2  — Solicitors  General. 


the  Grand  .lury  may  present  him  for  such  an  offence,  it  is  the 
duty  oftlie  (  uurt,  instanter,  to  appoint  some  competent  Attor- 
ney at  Law  to  (h-aw  a  hill  of  indictment,  and  wiicn  tliere  is  a 
true  bill  found,  or  presentment  made,  to  put  the  Solicitor  under 
recoo^nizance,  or  in  ])rif;on,  according  to  tlie  offence,  until  the  ap- 
pearance of  the  proper  prosecuting  (^)thcer. 


AllTICLE  III. 


ATTORNEYS  AT  LAW. 


SKcnox. 

361.  Attorneys  at  Law. 

362.  Rights  of  persons  admitted. 

363.  Qualifications  of  applicant. 

364.  Aliens. 

365.  Application  for  admission. 

366.  Evidence  of  preparation. 

367.  Must  bo  examined. 

368.  The  manner  of  examination. 
3G9.  Examination  not  satisfactory. 

370.  Order  of  admission. 

371.  Form  of  the  oath  to  be  taken. 

372.  Graduates  of  Lumpkin  Law  School. 

373.  Attorneys  of  other  States. 

374.  Order  of  the  Court  necessary. 

375.  Prohibited  in  certain  cases. 

376.  Attorneys  removing  to  this  State. 

377.  How  admitted  in  Supremo  Court. 

378.  Failing  to  render  tlie  service. 

379.  Transferring  fee  note. 

380.  Tiic  rule  for  settling  fees. 

381.  Attorneys  may  be  ruled. 

382.  May  bind  their  clients — when. 

383.  Can  receive  nothing  but  money. 
38J.  Parties  acting  by  advice  of  Attonie3's. 


Section. 

385.  Appearing  without  authority. 

386.  Penalty  therefor. 

387.  Required  to  produce  authority 

388.  When  two  are  employed. 

389.  Leading  counsel  defined. 

390.  If  more  than  one,  prelorenco  given. 
39L  Special  duties  of  Attorneys. 

392.  Causes  for  striking  an  Attorney,  SoC. 

393.  May  be  re-instated,  and  how. 

394.  Proceeding  against  Attorney's. 

395.  Accusation  must  be  in  writing. 

396.  Proceedings  must  be  under  oath. 

397.  Requiring  the  accuser  to  appear. 

398.  Appearance. 

399.  Answer. 

400.  If  objections  be  overruled. 

401.  Plea  of  guilty,  or  refusal  to  answer. 

402.  The  judgment  and  efl'eet  tliereof. 

403.  Proceedings  instituted  by  the  Court. 

404.  The  attendance  of  witnesses. 

405.  Costs — how  taxed  and  collected. 
40G.  Death  of  the  informant. 

407.  Jury  may  find  proceedings  nuiliciou.s. 


Persons  cii 
titled  to 
pracUcu  law, 


Rights  of 
persons  !id 
initted  in 
the  Suj  (Tiof 
Court 


§301.  The  following  ])ersons,  if  not  specially  declared  ineligi- 
ble, are  entitled  to  practice  law  in  the  Courts  of  this  State : 

1.  Those  who  have  been  regularly  licensed  under  the  laws  of 
the  State,  before  the  adoption  of  this  Code. 

2.  Those  who  arc  hereafter  licensed  in  the  manner  prescribed 
.)j  law. 

§3(52.  Those  who  are  admitted  to  practice  in  the  Superior 
Courts,  nuiy  practice  in  any  other  Court  of  this  State,  except  the 
Supreme  Court,  for  which  another  and  special  license  must  be 
obtained. 


FT.  1.— TIT.  5.— CHAP.  7.— Judicial  Department.  85 

Article  3. — Attorneys  at  Law. 


§363.  Any  white  male  citizen  of  good  moral  character,  whoQnaiiflca- 

"^  .    t,  .  .  ,       .  tions  of  ap- 

has  read  law,  and  nndergoes  a  satisfactory  examination   ucfore  ariicant 
Judge  of  the  Superior  Court,  as  hereinafter  prescribed,  is  entitled 
to  plead  and  practice  law  in  this  State. 

§364,  Aliens  who  have  been  two  years  resident  in  the  State,  aium. 
and  have  declared  their  intentions  to  become  citizens,  pursuant 
to  the  act  of  Congress,  are  eligible  to  admission  as  Attorneys  at  Law. 

§365.  For  the  purpose  of  admission,  one  must  apply,  by  ])eti- AppiicMio* 
tion  in  writino;,  to  a  Superior  Court,  durini;  one  of  its  sessions,  sion— how 

~  1  '^  _  made. 

in  a  Circuit  of  whicli  he  is  resident,  or  has  read  law  therein,  and 
must  show — 

1.  His  citizenship. 

2.  That  lie  is  of  good  moral  chniMctci-. 

3.  Tluit  he  li:is  read  law. 

4.  TJiat  he  has  been  a  resident  of,  or  lias  read  law  in  the  Cir- 
cuit as  aforesaid. 

§366.  The  evidence  of  such  facts  must  be  by  certiiicate  of  two  ecrtificMe  of 

,  ,  .  ■        .     ,  preparation. 

Attorneys  of  tlie  Court,  or  of  other  evidence  satisfactory  to  the 
Court. 

§367.  Tlie  applicant  must  also  be  examined  in  open  Court,  Authoritiea 

"  i.  1  i  on  which  to 

touchin<r  his  knowleclo;e —  \"^  <',^*"^- 

1.  Of  the  principles  of  the  Common  and  Statute  Law  of  Eng- 
land of  force  in  this  State. 

2.  ( )f  the  law  of  pleading  and  evidence. 

3.  The  })riiici])les  of  equity,  and  ecjuity  jdeading  and  practice. 

4.  The  revised  Code  of  this  State,  tlie  Constitution  of  the  Con- 
federate States,  and  of  this  State,  and  the  rules  of  practice  in  the 
Superior  Courts. 

§368.  No  portion  ol' such  examination  must  take  place  out  ofM.innero<- 
open  Court,  and  to  enal)le  the  Judges  to  have  proper  examina- tion. 
tions,  they  are  recpiired,  if  there  is  not  ample  time,  during  a  term, 
to  appoint  a  time,  at  least  twice  a  year,  at  some  county  site  in 
their  respective  Circuits,  which  has  a  bar  of  Attorneys  sufficient, 
in  numbers  and  qualiiications,  to  conduct  the  examinations,  and, 
if  necessary,  to  request  and  require  the  attendance  of  such  Attor- 
neys from  other  places  within  the  Circuit,  of  which  appointment 
public  notice  shall  be  given  thirty  days  prior  to  said  time  in 
some  public  gazette.  A])])]ication  for  admission  may  be  made  to 
the  Judge  of  each  Circuit  (as  otherwise  required)  at  any  time. 

§369.  Such  Judges  are  required  to  be  strict,  and  to  reject  any 


86  FT.  1.— TIT.  5.— CHAP.  7.— J  udicial  Depahtment. 


Aijicle  3. — Attorneys  nt  Law. 


^to**^'    applicant  who  do€!li  not  underj^o  a  ftill  and  satisfactory  examina- 

«.jected.        ti^,„ 

How  »dinit-      §''57<>.   If,  Oil  oxainiiijition,  the  aj)}>liciiiit  is  found  duly  cpialitied 

tic*.**'"**^  in  all  the  hranchcs  required,  the  Court  must  direct  an  order  to 
he  entered  <»ii  the  minutes,  that,  hciui:;  examined  and  found  to 
])ossess  the  r('«inisitc  learniuij:  and  ability,  and  haviug  otherwise 
complied  with  all  the  conditions  of  the  law  ;  that  ujwn  his  taking 

Ua»tuke»nthc  oath  prescribed,  that  the  Clerk  issue  to  him,  on  the  payment 
of  the  fees  and  costs,  a  license  to  plead  and  practice  law  in  the 
Superior  Courts  of  this  State. 

Tomotuif      !^871.  The  oath  is  as  follows  : 

•aUi. 

"  I. .  swear  that  I  will  justly  and  uprightly  demean  my- 
self, according  to  the  laws,  as  an  Attorney,  Counsellor  and  Solic- 
itor, and  that  I  will  su})port  and  defend  the  Constitution  of  the 
Confederate  States,  and  the  Constitution  of  the  State  of  Georgia. 
So  help  me  (rod.''     AVhich  oath  must  be  taken  in  open  Court,  and 
entered  on  the  minutes  thereof 
Greduatosof     §372.  Nouc  (tf  tlic   preceding   requisitions  are  ap})licable  to 
UwLhJK.1  i»ny  graduate  of  the  Lumpkin  Law  School,  but  upon  presenta- 
^ttcd.        tion  of  a  ])ii)loma,  and  payment  of  fees,  the  Court  shall  cause 

his  luxme  to  be  enrolled  among  the  Attorneys. 
Attomoy*         §373,  Attorneys  at  Law  residing  in  other  States  of  the  Con- 
suus— how  lederacv,  having  license  to  practice  law  m  a  Circuit  Court  there- 

kdmittfd  In    .  i  i        i  ^  i         a  c     i  •       rt  •  ^ 

tbisstato.     in,  wlu'fc,  hy  law,  the  Attorneys  ot  this  State  are  permitted  to 

practice  law,  may  practice  in  the  Superior  Courts  of  this  State. 

1.  By  presenting  a  petition,  in  writing,  for  such  purposes,  to 

the  Judge  (jf  the  Superior  Court  of  any  Circuit,  either  in  term 

time  or  vacation. 

MuBtpro-         2.    Hv  ])r()diiciin:;  before  him  a  cerliHcate  from  a  Judjj:;e  of  the 

ttflcatf.  (  irciiit,  or  District  Court  of  the  State  of  which  they  are  citizens, 
under  the  seal  of  said  Court,  stating  that  the  applicant  is  of  good 
wKtral  character,  and  has  been  legally  admitted  to  practtice  law 
in  such  Circuit,  and  that,  by  the  laws  of  such  State,  the  Attor- 
neys of  this  State  are  allowed  to  practice  law  therein. 

Order  ofa.i-  §374.  On  reading  such  petition  and  certificate,  such  Judge 
shall  grant  an  order,  that  the  applicant  be  admitted  to  practice 
law  in  this  State,  and  shall  order  the  Clerk  of  the  Superior  Court 
of  the  county  to  enter  it  on  his  minutes  and  file  the  proceedings, 
on  the  payment  of  his  legal  fees,  which,  when  done,  is  a  sufiicient 
license. 


miulon. 


PT.  1.— TIT.  5.— CHAP.   7.— Judicial  Department.  87 


Article  3. — Attorneys  at  Law. 


§375.  Such  Attorneys  at  Law  of  any  State  adjoining  this,  are  Lawyers 
not  thus  permitted  to  practice  law  lierein,  unless  those  of  this  states  as  do 

Oi.    i-  Tl-  •  ^  •  ^  •  1       •        y~i  not  allow 

otate  are  not  Jikewise  permitted  to  i)ractice  law  in  their  Courts.  tJa.  lawyers 

o  OT  >      n^^  a  t  .        i  r^  i  to  practice 

•     §o7().   i  hose  Attorneys  at  Law,  ot  other  States,  who  l)ecoine '"  tiiw 

•J  p    1   •      n  11  Courts. 

residents  ot  this  State,  and  do  not  come  under  the  provisions  of  ^ 

'  ^  Lawyers 

tlie  prcc-eding  sections,  by  producing  to  the  Court  satistactory  ev-  ^""(Xs^mf 
idence  that  they  were  Attorneys  at  Law,  in  good  standing,  in  ^^  |'„%''ij'j""],'p'''^ 
Court  of  similar  jurisdiction  in  the  State  from  which  they  came, 
may  be  immediately  admitted  to  plead  and  practice  law  in  this 
State,  without  undergoing  the  examinations  as  other  resident  ap- 
plicants. 

§377.  Any  Attorney  authorized  to  practice  law  in  the  Supe- Lawyers— 
rior  Courts  of  this  State,  is  permitted  to  practice  law  in  the  t<^(i  to'p™c- 

S/->,  ,  tice  in  Su- 

upreme  Court —  i.remo 

1.  By  exhibiting  to  the  Court  proof  of  good  private  and  pro-i'roof  of 
fessional  character,  and  otherwise  complving  with  the  terms  ofnndpE-** 

ifc  Tiilo-  '        '  sional  char- 

Its  1  Ule,-,.  nctcr. 

2.  By  taking  the  oath  prescribed. 

§378.  Attorneys  are  prohibited  from  collecting  an v  note  or  Attorneys 

_  ii  1.         J.     •  • ,  •  •  ..  *"  "  i.-i    when  em- 

otuer  contract  m  Avriting  given  as  a  tee  m  anv  cause,  whiclivioyedfaii- 

J.1  1  X'   •!      1  *^  1  •  "  inp  to  render 

cause  tncy  Jiave  tailed  to  attend  to  m  person,  or  by  some  com- ti'c  service, 
potent  Attorney,  from  the  time  of  employment  until  the  rendi- 
tion of  the  judgment,  and  the  same  shall  be  null  and  void,  unless 
they  were  by  contract  released  from  such  duty. 

§370.  The  transfer  of  such  note  or  obligations  subjects  them  Tr.insrering 
to  ibrfeit  and  pay  to  the  person  from  whom  the  same  was  taken,  obiigatjon"" 
double  the  amount  thereof,  recoverable  in   any  Court  having  to  rendcrThe 
jurisdiction  of  the  same,  unless  such  person   is  saved  harmless  ''""''^" 
against  all  fees,  costs  and  other  necessary  expenses  on  account 
thereof 

^380.  Unless  i)therwise  stipulated,  one-half  of  the  fee  in  anv  The  ruief 

, •  ,     •  11  .  -,  ,  .  *'    settling  fo} 

cauhc  is  a  retainer,  and  due  at  any  time,  unless  the  Attorney 
without  sufficient  cause  abandons  tlie  case  before  rendering  ser- 
vice to  that  value;  l)ut  in  cases  where  he  has  rendered  such 
service,  and  cannot  render  the  balance  of  service,  from  the  act 
of  his  client,  pnn-idential  cause,  election  to  office,  or  removal 
out  of  the  State,  he  is  entitled  to  retain  the  amount,  or  a  due 
proportion  if  collected,  or  sue  for  it,  and  collect  it,  if  not;  where 
no  special  contract  is  made,  the  Attorney  may  recover  for  the 
services  actually  rendered. 

§381.   Where  Attorneys  retain   in   their  liands  the  nionev  of 


88  PT.  1. — TIT.  5. — CHAP.  7. — Judicial  Depaktment. 


Article  3. — Attorneys  at  Law. 


JSiSi  tor      their  clients,  after  it  has  been  demanded,  they  are  liable  to  rule 
"""•Z"*'    (*"^  otherwise)  as  Sheriffs  are  and  incur  tlie  same  penalties  and 

f'on  sequencers. 
Attornpys         ^.'3s2,  Tlicv  havc  iuitlidrity  to  bind  tlieir  clients  in  any  action* 
their  client* or  proceedinj;,  Itv  any  njjreement  in  relation  to  the  cause  made 

— when.  .  ..  ,..'.'.,  .  -1  •,, 

in  wntiiii;,  and  m  signiii;^  jii(l::;-nuMit>,  cntennu-  a})i)cal?,  and  by 
an  entry  ol*  such  matters  when  permissible  on  the  dockets  of  the 
Court,  but  they  cannot  take  affidavits,  required  of  their  clients, 
unless  specially  permitted  by  law. 
c*nnotrr-  §383.  Without  special  authority  Attorneys  cannot  receive 
thing  but     anvtlnnij  m  discharge  of  a  client  s  claim  but  the  full  amount  m 

cash. 
Parties  not       §384.  Clients  shall  not  l)e  relieved  from  their  liability  to  dam- 

n-Iieved  on  , 

^ui^""''    ^^^^  ^      penalties  imposed  by  law  on  the  ground  that  they  acted 
acted  under  under  the  advice  of  their  counsel,  l)ut  are  entitled  to  redress 

the  advice  of   ^  " 

couDBcL       from  them  for  unskilful  advice. 

Apartymriy  §385.  If  it  be  alleged  by  a  i)M'tx  for  whom  an  Attorney  ap- 
Aitorn'cy  a\"  peai-s  that  lie  does  so  without  authority,  the  Court  may  at  any 
appear  for**  stage  of  the  proceedings  relieve  the  ixirtv,  for  whom  the  At- 
torney  assumed  to  appear,  from  the  consequences  of  his  acts, 
if  fully  satisfied  such  allejjation  is  true. 
Attorney ai-  §38G.  Auv  Attomev  apj)earing  for  a  person  without  being 
withoutati-  employed,  unless  by  leave  of  the  Court,  is  guilty  of  a  contempt 
tiority.       ^^^  Court,  and  must  be  fined  in  a  sum  not  less  than  five  hundred 

dollars. 
May  bo  re-        §387.  The  presiding  Judge,  or  Justice,  may,  on  motion  of 
produce  an-  either  party,  and  on  showing  reasonable  grounds  therefor,  re- 
quire any  Attorney,  who  assumes  the  right  to  appear  in  the 
cause,  to  produce,  or  prove,  the  autliority  under  which  he  ap- 
})ears,  and  to  disclose  wlienever  ])crtinent  to  any  issue,  the  name 
of  the  person  wlio   eiiipldycvl  ]iim,  and  to  grant  any  order  that 
justice  may  require  on  sucli  investigation,  but  prima  facie.  At- 
torneys shall  be  held  authorized  to  properly  represent  any  cause 
they  n.'ay  appear  in. 
^vhon  two        §3S8,  Wlien  two  ov  more  Attorneys  being  employed  on  the 
torneysare   samc  sidc  disputo  about  tlic  directiou  to  be  given  to  their  cause, 
thesamo      and  tlic  client  is  not  present,  the  Judge  shall  hear  all  the  facts 

Bi'lP-  T         .  ,.  111.  ■, 

and  give  ])reference  to  the  leadmg  counsel. 
Leadinc  §389.  The  leading  counsel  is  he  who  at  the  time  of  the  trial, 

counsel  de-  ,    .  .      '^  i        .   i       i  .      .  ,         .      , 

lined.         or  raising  of  any  issue  connected  with  the  cause,  is  m  tlie  ]udg- 


PT.  1. TIT.  5. — CHAP.  7. — Judicial  Depaktment.  89 


Article  3. — Attorneys  at  Law. 


ment  of  the  Court  the  counsel  upon  whom  the  client  relies  more 
than  any  other. 

§390.  If  there  is  more  than  one,  \i])on  wliom  tlic  (-lient  thus  k more  than 
relies,  the  Court  shall  as  between  tlieni,  <;-ive  liiin  preference  who  enco is gi^c-n 

^  '  to  the  one 

was  first  employed.  crstem- 

^       •  -P  ployed. 

§;>01.   It  is  the  duty  ol  Attorneys  at  J.aw —  special  dn- 

1.  To  maintain  the  rcstiect  due  to  Courts  of  »]ustiee  and  judi-nuratod! 
cial  officers. 

2.  To  employ  for  the  purpose  of  maintaiiiiiii^  the  causes  con- 
fided to  them,  such  means  t)nly  as  are  consistent  with  truth,  and 
never  to  seek  to  mislead  the  Judges  or  .luries,  l>y  any  artifice  or 
false  statement  of  the  law. 

3.  To  inaintain  inviohite  the  coniidence,  and  at  every  peril  to 
themselves  to  preserve  the  secrets  of  their  clients. 

4.  To  ahstain  from  all  offensive  personalities,  and  to  advance 
no  fact  prejudicial  to  the  honor  or  reputation  of  a  party  or  a 
witness,  unless  required  hy  the  justice  of  the  cause  Avitli  Mliich 
they  are  charged. 

5.  To  encourage  neither  tlie  commencement  nor  continuance 
of  an  action  or  proceeding  from  any  motives  of  passion  or  in- 
terest. 

0.  Never  to  reject  for  any  consideration  personal  to  themselves 
the  cause  of  the  defenceless  or  oppressed. 

§392.  An  Attornev  must  be  removed  for  the  following  causes  special 

'-  "  _  "-'  causes  for 

by  the  Superior  Court  of  the  county  of  liis  residence :  "uorne" 

1.  Upon  his  beiuG:  convicted  of  any  crime,  or  misdemeanor  in- must  bo  re- 

i  ^  ■  '  _      moved. 

volving  moral  turjiitude.    In  eitlier  case  the  record  of  liis  convic- For  crimet. 
tion  is  conclusive  evidence. 

2.  AVhen  anv  iudgment.  or  mde  absolute  lias  been  rendered  Kniiin?  to 
affainst  him,  for  money  collected  bv  him,  as  an  Attornev,  which  money  wh«« 

iD  '  .'  ■  •>  .        ■•       .  ,       ruled. 

he  fails  to  pay  within  ten  days  after  the  time  appointed  m  the 
order.  In  which  case  the  record  of  the  judgment  is  conclusive 
evidence,  unless  obtained  without  any  service,  under  some  law 
authorizing  such  a  proceeding. 

3.  Upon  it  being  sliown  to  the  satisfaction  of  the  Court   that  rnprofcs- 
he  has  been  guilty  of   any  deceit  or  wilful  misconduct  in  his  duct. 
profession. 

4.  For  want  of  a  sound  miiul,  or  fo;*  indecent  behavior  in  oriiuucenef 
out  of  the  Court  House,  whereby  he  becomes  a  nuisance  to  the  mind,  &«. 
•Court,  his  brother  members  of  the  bar,  or  the  public. 

§393.  AVhen  an  Attorney  at  Law  is  thus  removed,  after  the  lapse 


90  PT.  1. — TIT.  o. — ClIAr.  7. — Judicial  Department. 

V  Article  .3. — Attornevs  at  Law. 


JMUtedUnd  **^  twelve  months  (unless  removed  under  the  first  ground  of  the 
'""'•  ]>receding  section)  it  is  in  order  fur  liiin  to  l>e  restored  upmi  tlie 

M]>j)li(;ati<)n  of  two-tliirds  of  tlio  in('iii])ers  of  the  bar  of  tlie  coun- 
ty where  lie  was  removed  and  of  tliose  who  usually  practice  in 
the  8u])erior  C,\jurt  of  said  county,  if  aj>j»roved  by  the  .Iud<^e  of 
the  Circuit. 
Rummwy  J?  .'itH.  The  uroceciliui^s  to  remove  an  Attorney  may  be  taken 
m<»iin.tAi-  bv  the  Court,  of  its  own  motion,  or  uiton  the  motion  of  an  At- 

torney  at  Law,  or  other  citizen. 

tt^n^"rbc      §'^*^^-  I'^i*^  accusation  must  be  in  writing,  signed  by  tlie  mov- 

iD  writing,    ant,  or  his  Attorney  at  Law,  and  when  the  proceeding  is  taken  by 

the  Court,  it  may  be  drawn   up  by  the  Solicitor,  or  the  Clerk, 

under  the  direction  of  tlie  C<jurt. 

ProcccditiL's      ^8!)tl.  If  the  proceedings  are  ni)oii  the  information  of  another 

mnst  l»c  tin-         -^  ^  ^  n  i 

wbeo'"'"    ^^^^  accusation  must  be  verified  by  the  oath  of  the  person  mak- 
ing it,  or  some  other  person,  and  ]>resente(l  to  the  Court. 
Order n-  §  ^^^^T.  The  Couit  uiust  then,  if  of  opinion  that  the  accusation 

S^cuMdV.'.'   would,  if  true,  l)e  grounds  of  removal,  make  an  order,  requiring 
•pp«ar-        ^|,p  ticeused  to  appear  and  answer  the  same,  at  a  specified  day 
(hiring  the  same,  or  at  the  next  term,  and  nnist  cause  a  copy  of 
the  order  and  accusation  to  be  served  on  the  accused  within  a 
prescribed  time  before  a  day  apjjointed  in  the  order. 

§3!>S.  The  ac^nised  must  appear  at  the  time  appointed  in  the 
oftheac-     order,  and  answer  the  accusation,  unless  for  sufficient  cause  the 

CUS.lI  ' 

Court  assign  another  day  for  that  j^urpose,  if  he  does  not  appear 
Faiiiusto     ^''^  Court  may  ])roceed,  and  determine  the  accusation  in  his  ab- 

Answorof         §  •'i*.''-*.   Tlic  accuscd  may  answer,  either  by  objecting  to  tlie  suf- 
*"■"*''    ficiency  of  the  accusation  or  by  denying  its  truth,  either  of  which 
must  b(!  entered  on  the  minut(!S. 
pbjpcti.ms        §40<».    If  the  olijection  to  the  suiliciencv  of  the  accusation  be 

by  the  ac-  .  •' 

•uBcr.  not  sustained,  the  accused  must  answer  it  forthwith. 

Pic«of  (Tuii.      ^401.    li'  he  i)leads  guilty,  or  refuses  to  answ^er  the  a(;(;usation, 

ty,  or  rifu-        ,         .  ,  ^    ,      "^      .  . 

•ingtoon-    tlie  (  ourt  iiiiist  procccd  to  i ud foment  of  removal :  if  he  denies 

•w«r.  .  *  J       »  '  ^ 

the  accusation,  the  Court  nnist  immediately,  or  at  such  time  as 
it  may  appoint,  proceed  to  try  the  same;  the  accused  having  a 
right  to  demand  a  trial  by  jury. 
Effector  iho      ^402.  A  judgment  of  acquittal  is  final,  but  from  a  judgment 

judgment.  ,.  i      i  ,  ^       .  ^  .    ,  *         *      . 

ot  removal  there  may  be  a  motion  for  a  new  trial,  and  a  renew 
by  the  Supreme  Court,  as  in  other  cases. 

§403.  The  proceedings,  when  instituted  by  the  Court,  of  its  own 


PT.  1.— TIT.  5.— CHAP.  7.— Judicial  Departmekt.  91 

Article  3. — Attorneys  at  Law. 


motion,  are  conducted  in  the  name  of  the  State,  the  Solicitor  appear-  ^h'e^n^nstf-* 
ing  to  sustain  the  accusation,  and  when  on  tlie  information  of  an- *"^*<^'^' -^^^ 
other,  in  the  name  of  the  State,  on  the  information  of  such  per- 
son. 

§  404.  Either  party  has  a  right  to  subpoenas,  and  other  process.  Either  partv 
to  compel  the  attendance  of  witnesses,  and  testimony  may  be  uie^tten-^* 
taken  by  deposition,  in  such  cases,  and  in  the  same  manner  as  in  witnesses. 
actions  at  law,  and  the  Court  may,  in  its  discretion,  require  the 
informant  to  s-ive  security  for  costs,  and  failing  so  to  do  within 

.  ,  .  .   ^  .  Thcinform- 

the  time  prescribed,  the  proceedincjs  must  be  dismissed  at  the  cost  ant  failing  to 

i  '  ■»■  "^  give  secu- 

of  the  informant.  "ty,  &c. 

S405.  Wlien  the  proceedincrs  are  in  the  name  of  the  State,  the  Costs— how 

"  ....  .  ,  taxed  and 

costs  are  paid  as  in  criminal  cases;  when  in  the  name  of  the <^o"cctcd. 
State  on  the  information  of  another,  if  the  accusation  is  not  sus- 
tained, judgment  is  rendered  against  the  informant,  and  his  secu- 
rity for  the  costs,  if  the  same  has  been  given,  but  if  the  accusa- 
tion is  sustained  against  the  accused,  judgment  for  costs  must  be 
rendered  against  him. 

§400.  Upon  the  death  of  tlie  imformaut,  if  there  be  but  one,  ^;j,„„  t,,p 
the  proceedings  abate,  unless  some  other  person  is  substituted  in  Sn'formm\'!* 
his  place,  which  may  be  done  on  application  to  the  Court ;    if 
there  is  more  than  one  informant  tlie  proceedings  continue  on  the 
information  of  tlie  survivor. 

§407.  It  is  in  the  province  of  the  jury  who  try  such  proceed- The  jury, 
ings,  if  they  lind  in  favor  of  the  accused,  also  to  lind  they  were  clso,  may"*" 
malicious,  if  they  so  believe,  and  upon  such  iinding  the  rights  of  ceedings^'^" 
the  accused  against  the  informant  are  the  same  as  in  cases  of  ma- 
licious prosecution,  on  the  criminal  side  of  the  Court. 


CHAPTER  YIII. 

.RTSTICES  OF  THE  PEACE,  JUSTICES'  COURTS.  AND  CONSTABLES. 
Article  1.  Justices  of  the  Peace  and  their  Courts. 
Akticlk  2.  Constables. 


92  PT.  1.— TIT.  5.— CHAP.  8.— Judicial  Depaktment. 

■»»  , 

» ■    ■ 

Aiticle  1. — Justices  of  the  Peace  and  their  Courts. 


ARTICLE  I. 

jrSTICKS  OF  THE  PKACE  AND  THEIR  COURTS. 


.Section. 

408.  Two  Justices  in  each  District 

409.  How  removed  from  office. 

410.  Vacancies — how  filled. 

411.  Election — liow  and  by  wlioni  held. 

412.  Inferior  Court  may  order  an  election, 
41.3.  Qualifications  of  a  Justice. 


Section. 

422.  If  tlie  Justice  be  disqualified. 
42.3.  When  there  is  no  Justice. 

424.  Suits  may  be  transferred. 

425.  When  transferred. 

426.  Transferred  suits. 

427.  Co-oblipors,  Joint  Contractors,  A.C. 


414.  Inferior  Court  may  appoint — when.  |  428.  Residents  in  Districts  not  organized. 

415.  The  oath  of  a  Justice.  I  429.  Special  powers  &  duties  of  Justices. 
410.  Oath — before  whom  to  be  taken.  j  4H0.  Justices  Courts. 

41".  Criminal  jurisdiction  of  the  Justice.  431.  Changed  once  in  four  3'ears. 

418.  Civil  jurisdiction  of  the  Justice.  ,  432.  Justices  newly  elected. 

419.  Debts  may  be  divided.  ]  433.  Times  and  places  now  established. 

420.  Territorial  and  Criminal  jurisdiction.  !  434.  Judgments  rendered. 

421.  Justice  may  be  sued  in  his  own  Dist. 

Twojusfi-  §408.  Tliere  sliall  be  two  Justices  of  tlie  Peace  in  each  Militia 
iv.ice  in  IJistrict  of  tlie  several  coiinties  of  this  State,  elected  by  the  peo- 
trict,<S:c      pic  of  cacli  district,  in  the  manner  hereinafter  prescribed,  who 


lIow  re- 
moved from 
ollico. 


hold  their  offices  for  four  years,  unless  sooner  removed. 

§  409.  They  are  removed  from  office  in  the  manner  prescribed 
by  the  Constitution,  and  also  on  conviction  for  malpractice  in 
office,  or  of  any  felonious  or  infamous  crime. 

b'o^w'm'cd"  §^10-  Vacancies  are  filled  in  the  following  manner:  If  there  is 
a  Justice  of  the  Peace  in  the  district  where  the  vacancy  occurs, 
he  shall  appoint  some  Saturday  in  a  month,  which  is  a  time  fixed 
loi-  holding  the  Justices'  Court  of  the  district,  and  advertise  the 
same  at  three  of  the  most  i)ublic  })laces  therein  at  least  fifteen 
days  before  the  day  aiipointed, 

hijwhehi.  §411.  On  said  day  said  Justice,  with  two  freeholders,  must 
hold  said  election,  in  the  same  manner  that  a  regular  election  for 

Mnstbe       Jiistice  of  the  Peace  is  held,  and  duly  certify  the  same  to  the 

foii.niiision-  Governor,  who  must  commission  the  person  elected  for  the  unex- 

nl  iiy  the  '  i 

Governor,    pired  term, 

of  the'^ivace      §^^^-  ^*'  *^^^^^  ^^  ^^^  Justice  of  the  Peace  in  the  district  where 

uict'^c.*"    ^^^^  vacancy  occurs,  the  Justices  of  the  Inferior  Court  of  the 

county  must  order  an  election  in  the  same  manner,  through  their 

Clerk,  which  may  be  held  by  three  freeholders  of  the  district, 

who  must  hold  and  certify  said  election  in  the  same  manner. 

§  413.  All  persons  are  eligible  to  the  office  of  Justices  of  the 
Peace  who  are  entitled,  in  the  county  in  which  the  district  is  sit- 


PT.  1. TIT.  5. — CHAP.  8. — Judicial  Department.  93 


Article  1. — Justices  of  the  Peace  and  their  Courts. 


uated,  to  vote  for  members  of  tlie  General  Assembly;  who  have Q^^i^^^^'; 
been  three  months  in  the  district  next  precedhig  the  election,  and  •^'^f^^<;« «' 
who  do  not  labor  nnder  any  disqualification. 

§  414    AYhen  any  district  is  without  a  Justice  of  the  Peace,  and  on  failure  to 

O  ■  •'  1111  1  <''''ct,  the 

an  election  has  been  legally  ordered  to  supply  the  vacancy,  and  Justices  of 

~        ^  11  ■  I'-i       the  Inferior 

none  is  ho7}a  fide  held  at  the  tnne  and  place  appointed,  it  is  thecourt^maj 
duty  of  the  Justices  of  the  Inferior  Court  to  appoint  two  per- 
sons, resident  in  the  district,  such  Justices  to  have  it  certified  to 
the  Governor,  who  must  commision  the  appointees  for  the  re- 
quired term. 

5  415.  Justices  of  the  Peace,  before  enteriii<;  on  the  duties  ofxheoathof 

^  7  <_•  ^  Justice  of 

their  oftice,  besides  the  oath  required  for  all  civil  olhcers,  must  reace. 
take  the  following  oath:  "I  do  swear  tliat  I  will  administer  jus- 
tice without  respect  to  persons,  and  do  e([ual  rights  to  the  poor 
and  to  tlic  rich,  and  that  I  will  faithfully  discharge  all  the  duties 

incumbent  on  me  as  a  Justice  of  the  Peace  for  the  county  of , 

agreeal)ly  to  the  Constitution  and  laws  of  this  State,  and  accord- 
ino-  to  the  best  of  my  ability  and  understanding.  So  lielp  me 
God." 

§416.  Such  oaths  shall  be  taken  and  subscribed  before   the  g„ei^  oath 
Justices  of  the  Inferior  Court  of  the  county  in  session,  but  may  ^ken!''^""" 
be  taken  before  any  one  of  such  Justices,  and  so  the  dedimus  po- 
t^estatejn^  for  such  purpose,  should  state. 

§417.  Thev  have   criminal  jurisdiction   in  the  following  in- Their  crimi- 

"  •  '  ""  nal  jurisdic- 

stances :  tion. 

1.  In  acting  as  conservators  of,  and  preserving  the  public  peace 
in  their  respective  districts  and  counties. 

2.  In  issuing  warrants  for  the  apprehension  of  any  person 
charged  on  oath  Avith  a  violation  of  any  portion  of  the  Penal 
Code,  or  who  are  so  known  to  them  officially. 

3.  In  examining  such  persons  when  brought  before  them,  and 
to  commit,  bind  over  or  discharge,  according  to  the  directions  of 
this  Code. 

4.  In  trying  all  slaves,  or  free  persons  of  color,  charged  with 
any  ofience  committed  in  the  county,  not  punished  with  death, 
in  the  manner  prescribed  by  this  Code. 

5.  In  such  other  cases  as  jurisdiction  may  be  Constitutionally 

given. 

§418.  They  have  a  general  and  original  civil  jurisdiction —       CiviijuriB- 
1.  Of  all  suits  or  attachments  on  any  liquidated  demand,  or  an 

account  not  exceeding  fifty  dollars,  exclusive  of  interest,  or  where 


94  PT.  1.— TIT.  5.— CHAP.  8.— Judicial  Depaktment. 


Artlde  1. — Justices  of  the  Peace  and  their  Courts. 


the  debt  Las  been  liirffer,  and  tlie  balance  due  is  not  more  than 
(raid  amount,  or  on  the  trial  is  reduced  to  said  amount  by  ho7ia 
Ji<Je  payments,  or  other  lawful  setoff. 

'2.  Of  contests  for  the  mere  ])ossession  of  personal  property. 

3.  Of  forcible  entries  and  detainers,  or  either,  witli  the  aid  of 
a  jury  of  twelve  men,  as  j)rescribed  by  this  Code. 

4.  Of  all  other  causes  when  jurisdiction  is  Constitutionally 
<;iven  them  in  their  capacity  as  Courts  or  Justices. 

DebtsmsT  §41l>.  Dcbts  which,  in  the  aggregate,  amount  to  more  than 
*«.  '        Justices'  Court  jurisdiction,  may  be  divided  into  liquidated  de- 

numds,  so  as  to  bring  them  each  within  such  jurisdiction. 
Thfir  rriini-      §420.  Their  Criminal  jurisdiction  extends  over  persons  of,  or 
tion  cxtpnds  crimes  committed  in  their  respective  counties,  and  their  ci\il  ju- 

ovor  their  .,..  ..  p    ^      •  ;•  ^•    i    •  *i 

county.  Ac  nscJictiou  ovcr  pcrsous  resideuts  oi  theu"  rcspectivo  districts,  and 
itinerant  persons,  and  to  persons  of  other  districts,  in  certain  par- 
ticular cases  provided  for  in  this  Code. 

Maybpsii.'.i      §421.  One  Justice  of  the  Peace  may  sue,  or  l>c  sued  before  the 

in  his  own  ■,.■,.  ■,.        , 

District.      otlier  in  his  own  district. 

When  the         §422.  "Wlicu  a  Justicc  of  the  Peace  is  disqualified  from  presi- 
disquaiiiici,  ding,  and  there  is  no  other  Justice  of  the  Peace  in  his  district, 
uct."     ■      who  is  qualified,  any  Justice  of  the  Peace  of  the  county  is  quali- 
fied to  issue  all  process,  and  to  preside  in  his  district,  and  if  a 
Justice  of  the  Peace  is  sued  under  such  circumstances,  the  suit 
may  be  located  in  any  adjoining  district. 
Suits— ho.r       §423.  "Wliere  there  is  no  Justice  of  the  Peace  in  nnv  district 

to  be  ' 

Nroupht       where  a  defendant  resides,  or  there  is  one,  and  lie  i-efuses  to  serve 

whc-n  there  n  .  ' 

Is  no  Jus-     generally,  or  in  any  particular  case,  the  suit  may  be  located  in 

tlce,  or  ho      "^  ...  ' 

refuses  to     ally  adioinini;:  disti'ict. 

serve.  J         j  o 

Suits  iihij-i.e  §^24.  If  suits  are  already  commenced,  and  are  suspended  for 
i™certil[n'  ^hc  waut  of  a  Justicc  of  tlie  Peace  to  preside,  such  suits  shall  be 
*^'"'  i-emoved  to  the  adjoining  districts,  unless  the  evil  is  removed 

within  sixty  days. 
M.nyi.e  §325.  If,  froiu  aiiv  cause,  all  such  suits  cannot  be  located,  or 

tninsffrred  -,    ,  " 

1"  Bi'te^"""'  P''^''^^*"ted  in  some  adjoining  district,  they  may  be  commenced, 
<»r  removed  to  the  Justices'  district,  which  embraces  the  county 
site. 

The  Justices     §426.  The  Justices  of  the  Peace  and  Constables  of  any  dis- 

andConsta-    ,    •    .  -t  •i.'ii  i  i 

biesmayact,trict,  wlicre  a  suit  IS  thus  begun  or  removed,  have  the  same  pow- 
er as  those  officers  have  in  the  proper  districts. 

§427.  Suits  vs.  makers  and  endorsers,  and  against  co-obligors, 
or  joint-makers,  may  be  located  in  the  district  where  the  princi- 


PT.  1.— TIT.  5.— CHAP,  s.— Judicial  Department.  95 


Article  1. — Justices  of  tlie  Peace  and  their  Courts. 


pal  debtor,  or  one  of  the  (•o-oblio;ors,  or  ioint-makers  can  be  sued,  P<?-oi3iigor8, 

■I  '  n         7  .1  '  joint  con- 

and  the  otlier  parties,  who  mav  reside  in  a  different  district  from  ^'""f""'*"'^. 

i  '  "  makers    and 

Buch  in  the  same  county,  may  be  joined  in  tlie  suit  on  tlie  same  J^",vTuc"~ 
terms  sucli  ])ersons  residing;  in  different  counties  may  be  sued  in 
the  Superior  Courts,  but  by  the  process  used  in  Justices'  Courts; 
and  in  such  cases,  the  Constable  of  tlie  district  where  the  suit  is 
located,  may  serve  such  process  in  any  part  of  the  county. 

§428.  Persons  resident  in  any  portion  of  a  county,  whose  resi- Persons  rc- 
dence,  from  any  cause,  is  not  embraced  in  any  organized  Justices'  i^nlmrof^ 
districts,  are  subjected  to  suit  in  the  district  whose  Court-ground  is  '^°""^^' 
nearest  tlieir  residence,  wliere  there  is  an  acting  Justice  of  the 
Peace. 

§429.  Justice.'^  of  tlie  Peace  liave  autliority,   and   it   is  their spociaipoTr- 

/^,i  +  -,T ors  and  du- 

^"■^J  ties  of  the 

1.  To  select  some  central  and  convenient  i)lace  in  llicir  respec- cnumc'rated. 
tive  districts,  at  which  to  liold  tlieir  Courts,  and  some  stated  day 

ill  each  month  as  the  time  of  which  they  sliall  give  ample  public 
notice,  and  also  to  keep  tlieir  offices  within  said  districts ;  but  in 
towns  or  c-ities,  which  embrace  more  than  one  district,  they  may 
hold  their  Courts  and  keep  their  offices  at  some  central  and  con- 
venient place  within  the  limits  of  said  towns  or  cities. 

2.  To  fine  not  more  than  five  dollars,  nor  imprison  more  than 
five  hours,  any  person  guilty  of  a  contempt  of  Court,  and  to  ])ay 
the  fine  to  the  County  Treasurer  for  county  purposes. 

3.  To  issue  attachments  returnable  to  their  own,  and,  in  cer- 
tain cases,  to  the  Superior  or  Inferior  Courts  of  the  county. 

4.  To  issue  all  process  necessary  to  maintain  their  jurisdic- 
tions, and  enforce  their  authority  under  the  sanction  of  law. 

5.  To  administer  oaths  and  take  affidavits,  except  the  power  is 
expressly  restricted  to  some  other  officer,  and  to  take  the  ac- 
knowledgement or  ]u-obate  of  any  conveyances  required  to  be  re- 
corded. 

G.  To  keep  a  docket  of  all  causes  lirought  before  them,  in 
which  must  be  entered  the  names  of  the  parties,  the  returns  of 
the  officer,  and  the  entry  of  the  judgment,  specifying  its  amount, 
and  the  day  of  its  rendition. 

7.  To  carefully  file  away  and  label  all  paj)ers  appertainiui?  to 
any  cause,  and  all>'./ks.  and  other  process  returned,  after  being 
satisfied,  entered  ''nulla  hona,""  or  have  otherwise  discharged 
their  functions. 


$6  PT.  1, — ^TIT.  5. — CHAP.  8. — Judicla.l  DEPAET»fENT. 


Article  1. — Justices  of  the  Peace  and  their  Courts. 


8.  To  attend  the  Superior  and  Inferior  Courts  of  their  coun- 
ties, M'henever  required,  with  such  docket  or  papers  of  file. 

9.  To  estal)lislj,  wlien  lost,  in  tlie  manner  prescribed  by  law, 
any  paper  appertaininir  t(i  any  suit,  or  other  proceeding  in  their 
respective  Courts. 

10.  To  answer  interrogatories  from  Courts  of  other  counties,  as 
to  the  contents  or  condition  of  any  of  the  dockets,  tiles  or  papers 
of  their  «)ihce,  and  to  attach  thereto  copies  of  such,  when  such  in- 
terrogatories are  propounded,  and  su(th  copies  required. 

11.  To  ])erforin  such  other  duties  as  are,  or  may  be  required  by 
law,  or  which  necessarily  api)ertain  to  their  office. 

JuttoM*  5430.  If  any  Justices'  Court  is  held  at  an  inaccessible  or  incon- 

Ooarts.pU-  ^  .•',  ,..  11-1^ 

ee«^f  hold-  venient  ])ortion  of  any  district,  or  sucti  a  place  is  herealter  se- 
•hingod.      lected,  the  qualified  voters  of  such  district  may  petition  such 
Justice  to  change  the  place  to  some  other  place,  naming  it,  and 
if  he  refuses  to  cliange,  they  may  apply  to  the  Justices  of  the  In- 
ferior Court,  and  if  such  Justices  are  satisfied  that  the  place  where 
such  Court  is  held  works  an  inconvenience  to  a  majority  of  the 
citizens  of  such  district,  they  shall  change  the  place,  to  take  ef- 
fect after  the  expiration  of  thirty  days,  liave  it  entered  on  their 
minutes,  and  ])ublished  in  tlie  district. 
Tho  place         §431.  AV'^lieii  a  placc  for  holding  such  Court  is  once  fixed,  it 
hoidins:  Jus- cannot  1)0  cliaiigcd,  except  in  tlie  manner  stated,  and  then  but 
Ac.      "'^'*'once  during  the  ibur  years'  official  term,  nor  can  the  time  be 

changed  by  the  Justices  but  (jiute. 
Newjusti-       §432.  AVhen  new  Justices  of  the   Peace   are   qualified,   and 
change  tho    they  dcsiro  to  chani»;e  the  place  or  time  of  holdino;  such  Comets, 

time  and  •'  .     .  ^ 

place ofhoid- they  may  do  so  by  giving  public  notice  of  the  fact,  stating  the 
Couru.        ])lace,  and  the  time  to  which  changed,  or  either,  and  the  first 

Court  to  be  thus  held,  which  change  shall  not  go  into  effect  short 

of  sixty  days  from  the  time  of  advertising. 
Time  and  §433.  Thc  tiuics  and  places  now  established  for  holding  Jus- 
£o^^n"''j„,.t ices'  Courts  are  not  disturbed  by  the  enactment  of  this  Code, 
notdi^'urb*  '"^^  the  militia  districts  noAV  established  by  law  remain  the  same, 
adopuon"of  ^>"t  tliev  may  be  altered  and  new  districts  formed  by  Justices  of 
this  Code,  ^jj^  Inferior  Court  of  each  county  as  hereinafter  prescribed, 
jndffmonfs--      §431.  All  iudgmeiits  of  such  Justices  rendered  in  any  civil 

when  void.  ,'',  ,  ,  .  j^       ■,-,-,.■,      . 

cause  anywliere  else  than  at  tlie  place  and  time  for  holding  their 
Courts  lawi'ully  appointed,  are  void. 


PT.  1.— TIT.  5.— CHAP.  S.— Judicial  Depaetment.        '     97 

Article  2. — Constables. 

AETICLE  II. 

CONSTABLES. 

Section.  \  Section. 

4:55.  Two  Constables  in  each  district.  ,  44,4.  Jn  cases  of  emer<^ency. 

436.  How  removed  from  office.  j  445.  Must  give  bond  and  suret}-. 

4.37.  Vacancy — how  filled.  |  446.  Clerk  must  certify. 

438.  Justices  failing  to  agree.  j   447.  Additional  surety — when. 
'  439.  If  there  is  but  one  Justice.  448.  May  be  ruled  and  attached. 

440.  Justice  failing  or  refusing  to  appoint.    449.  May  be  ruled  in  Superior  Court. 

441.  Qualifications  of  Constable.  450.  His  special  duties  enumerated. 

442.  Disqualifications.  451.  rcnalty  for  acting  after  retiring. 

443.  His  oath  of  office.  | 

§435.  There  shall  be  two  Constables  in  eacli  militia  district  ofTwoOonsta- 
the  several  counties  of  this  State,  elected  by  the  i)eople  of  each 'iistnct  ciTc- 
district  as  hereinafter  prescribed,  who  hold  their  offices  for  two  ih^Wi^  f<>r 

,  -  two  years. 

years,  unless  sooner  removed, 

§  43(3.  They  are  subject  to  be  removed  from  olHcc  on  the  same  iiow  rcmoT- 
grounds  and  on  the  same  proceedings  as  Clerks  of  the  Superior  fit-.  ™""'^" 
Court  are,  and  on  conviction  for  malpractice  in  office,  as  Justices 
of  the  Peace  are. 

§437.  Yacancies  are  tilled  by  appointment  of  the  Justices  of '^''"••wck-s- 

1        -r>  j»     1         T         •         •         1        /»  n         •  how  lillod. 

the  Peace  ot  the  district  in  the  lollowino-  contingencies: 

1.  When,  from  any  cause,  there  is  a  failure  to  elect,  qualify.  Failure  to 
and  give  bond,  at  the  regular  time. 

2.  When  there  is  a  death,  resignation,  or  removal  of  Consta- Desith, resig- 

I.Tq  nation  or  re- 

^^^t;.  inoviil. 

3.  When,  from  sickness  or  other  providential  cause,  the  dis-whouab- 
trict  is  without  a  Constable,  there  may  be  an  appointment,  if  an  Providential 
emergency  arises,  to  continue  until  the  regular  Constable  enters '"'"''' 

on  the  discharge  of  his  duties. 

4.  When  the  Constables  of  the  district  are  absent  temporarily  Tompon-ir^ 
from  the  district,  the  like  power  may  be  exercised.  the  district. 

§  438.  If  there  are  two  Justices  of  the  Peace,  and  they  cannot  tTusticos  faii- 
agree  upon  an  appointment,  the  one  who  has  served  lono:er  as  on-appoTnt- 

1  .  1  1    •  T  inontof  Con- 

such  continuously,  and  immediately  preceding,  shall  appoint;  ifsmbics. 

there  are  two  Constables  to  appoint,  each  Justice  shall  appoint 

one. 

§439.  If  there  is  only  one  Justice  of  the  Peace  he  may  make  wiicn  there 

the  appointment,  but  it  sliall  be  in  the  discretion  of  the  Justices,  justice  ho 

whether  one  or  two,  to  appoint  the  second  Constable  or  not,  if'"">'''PP''*"'" 

there  is  one  in  office,  or  one  or  two  if  there  is  none  in  office. 

7 


98  '  rX.  1. — TIT.  .J. — CHAP.  8. — Judicial  Department. 


Article  2. — Constables. 


Wons 


Oath  of  .1 


Constables 


In  case  .Jus-      §  440.  If  tliG  JusticGS  of  tliG  Peacc  of  any  district  fail  or  re- 
p^efaiTtofuse  to  liavG  as  mncli  as  one  Constable  in  their  district,  for  as 
appoint,,  c.  ^^^^^  ^^  thirty  days  from  tlie  time  such  a  vacancy  occurs,  the  Jus- 
tices of  the  inferior  Court  of  the  county  shall  fill  the  appoint- 
ment. 
guaiifl<-.v         §441.  The  eligibility  for  Constables  is  the  same  as  that  for 
l>,nstobio.    Justices  of  the  Peace,  but  any  persons  may  be  appointed  Consta- 
ble to  fill  vacancies,  or  to  answer  some  emergency,  who  are  at 
the  time  residents  of  the  district, 
nisqnaiiflca-     §  442.  Coustablcs  cannot  be  Sheriffs,  or  Sheriff's  deputies,  nor 
can  they  be  either  Clerks  of  the  Superior  or  Inferior  Courts,  nor 
can  such  officers  be  Constables. 

§  443.  Each  Constable,  before  entering  on  the  duties  of  his 
OonBtabic.    ^^^.Q^  „-mgt  take  and  subscribe,  beside  the  oath  for  all  civil  offi- 
cers, before  the  Clerk  of  the  Inferior  Court  of  his  county,  the  fol- 
lowing oath :  "  I  swear  that  I  will  duly  and  faithfully  perform 

all  the  duties  required  of  me  as  Constable  of  the  county  of , 

according  to  the  l)est  of  my  ability  and  underst.anding.     So  help 
me  God." 

§  444.  Constables  appointed  to  answer  some  sudden  emergen- 
aS^cmcrgen"  cy,  as  iu  sectiou  437,  may  take  and  subscribe  said  oath  before  the 
qu^iik^i.     Justices  of  the  Peace  appointing  them,  who  shall  file  the  same 

in  the  office  of  the  Clerk  of  the  Inferior  Court. 

Constables       §445.  All  Coustables,  except  those  thus  appointed,  must,  be- 

S^r    fore  entering  on  the  discharge  of  their  duties,  give  a  bond,  paya- 

•uroty.        ^^^^  ^^  ^^^^  Justices  of  the  Inferior  Court  of  the  county,  and  their 

successors,  with  two  good  sureties,  resident  in  the  county,  in  the 

sum  of  five  hundred  dollars,  to  be  approved  l)y  such  Justices, 

which  shall  be  l)y  the  Clerk  of  said  Court  filed  in  his  office,  and 

Jiicti.  recorded  in  a  book  kept  for  that  purpose. 

Clerk  supe-  §  44f5.  "When  such  oath  is  taken  and  filed,  and  such  bc>nd  given, 
must  certify  such  Clei'k  sliall  issuc  to  sucli  Constable  a  certificate  of  such  facts, 
(lavitanii     aiid  make  an  entry  thereof  on  his  minutes,  which  certificate  shall 

lx>nd.  ,   .  .      . 

answer  as  his  commission. 
Maybocom-     §447.  Coustablcs  maybe  compelled  to  give  additional  bonds 
!^>e  addi-    upoii  coiiiplaint  made  on  oath  before  any  one  of  the  Justices  of 
tiona  sure  y  ^£^  Inferior  Court,  if,  after  the  hearing,  such  Justices  so  order  it 
done,  and  upon  failure  to  do  so,  shall  l>e  removed  by  such  Justi- 
ces. 

§  448.  They  are  liable  to  rule,  attachment,  and  penalties,  in 
their  respective  districts,  but  in  default  of  any  Justice  of  the 


PT.  1.— TIT.  5.— CHAP.  8.— Judicial  Departmext.  99 


Article  2. — Constables. 


Peace  in  such  district,  or  if  there  are  such  who  refuse  to  serve,  ^^/''^^r''- 

'  '  ed,  and  how, 

they  mav  be  ruled  before  anv  Justices'  Court  of  an  adioiniuir  dis-i°*'l"^^^*^«'* 
trict,  or  the  Superior  Court. 

§449.  It  is  optional  with  parties  to  rule  Constables  before  the  Mav  bo  mi- 
Superior  Court  of  their  respective  counties,  in  term  time,  on  the  or  c^ouT"^*" 
same  terms  that  Justices  of  the  Peace  are  ruled. 

§  450.  It  is  their  duty— 

1.  To  attend  regularly  all  terms  of  the  Justices'  Court  in  their  p   ^,^j  j^_ 
respective  districts.  tiesenum.- 

-i  rated. 

2.  To  attend  all  terms  of  the  Sujierior  or  Inferior  Courts  of 
their  respective  counties,  when  summoned  ])y  the  Sheriff  for  that 
purpose. 

3.  To  give  receipts  for  notes,  or  other  liquidat<id  demands, 
placed  in  their  hands  for  collection. 

4.  To  pay  over  money  promptly  as  collei'ted,  to  the  party  en- 
titled thereto,  and  in  case  of  conflicting  chiims  to  any  money,  to 
report  the  same  to  the  next  Justices'  Court  of  tlie  district,  where 
they  are  amenable,  for  its  order  in  the  premises. 

5.  To  execute  and  return  all  warrants,  suniTiions,  executions, 
and  other  process  to  them  directed  by  lawful  authority. 

G.  To  perform  such  other  duties  as  are  or  may  be  required  of 
them  by  law,  or  which  necessarily  appertain  to  their  offices. 

§451.  If  any  Constable  exercises  the  duties  of  his  office  after  ^^^ 
removal  from  the  district  wlicre  he  was  elected  or  appointed,  heo!n"towoaf- 
is  subject  to  a  flne  of  fifty  dollars  for  every  such  act,  to  be  recov-o7officc!rub- 
ered  before  any  Justice  of  the  couiity  in  which  he  resides,  by  any^""**"^'- 
one  suing  for  the  same,  one  half  to  the  use  of  such  person,  the 
other  half  to  the  use  of  the  countv. 


CHAPTER  IX. 

CORPORATE  COURTS. 
Section-  452.  Corporate  and  Police  Courts— liow  atlbctcd  by  the  Code. 

§  452.  The  organization  of  the  various  corporate  and  Police  ^'jr-f'jt^ 
Courts  of  this  State,  and  the  laws  relative  thereto,  are  undisturb-  Secu^ty'' 
ed  by  the  adoption  of  this  Code,  unless  additional,  concurrent,  or 
exclusive  jurisdiction,  or  cuunilative  remedies  are  conferred  by  it 
upon  them,  or  other  Courts,  or  other  magistracy,  and  then  they 
are  altered  only  to  that  extent. 


.  this  Code. 


100 


PT.  1. — TIT.  il — County  OiioAXizATioN. 


Chapter  1. — Militia  Districts. 


TITLE  VI. 

COUNTY  ORGANIZATION. 

(yjiAiTEU  1.  ^Militia  Districts. 

CiiAiTKR  2.  Incorporation  of  Counties,  County  Contracts,  &c. 

Chaitkk  3.  County  Revenue. 

Chaptkb  4.  County  Officers  not  before  specified. 

(yHArTKK  5.  Kouds,  Bridges,  Ferries,  Turnpikes,  i%c. 

Chai'tku  ♦).  The  County  Poor. 


CHAPTER  I. 


MILITIA  DISTRICTS. 


Sectiox.  , 

45H.  Counties  divided  into  Militia  Dists. 

454.  Districts  to  remain  the  same. 

455.  Must  contain  a  Captain's  Company. 

456.  How  laid  out  or  changed. 

457.  Survey  and  compensation  therefor. 


Section. 

458.  Proceedings  to  be  recorded. 
459..  To  be  transmitted  to  the  Governor. 
4G0.  Elections  to  be  ordered  by  Clerk. 
4G1.  Officers  not  removed  by  making. 
4G2.  Not  to  affect  pending  suits. 


pony. 


connties  cH-      §453.  Eacli  couuty  of  tliis  State  is  divided  into  Militia  Dis- 
MintiaDis-  tricts,  according  to  their  respective  territory  and  population  lia- 
ble to  bear  arms. 
DiBtricuto       ^454.  Such  districts  as  at  present  organized,  are  to  remain 

rtmain,  ic.  "  .  _  ^  .         , 

the  same,  until  changed  in  the  manner  hereinafter  prescribed. 
MuBtcon-         §455.  Each  district  liereafter  organized  or  chano-ed,  must  con- 

Uln  a  Cap-  '^  f  &       J 

tain's  Com-  taiii,  witliiii  its  limits,  at  least  as  many  persons  resident  at  the 
time  of  the  organization,  liable  to  Militia  duty,  as  are  necessary 
to  form  a  Captain's  Company,  according  to  tlie  Militia, laws,  and 
in  its  formation,  nnist  not  leave  any  older  district  with  a  less 
inun])er. 

^45ti.  AVhenever  it  may  be  necessary  and  expedient  to  lay  out 
a  new  Militia  District,  or  to  change  the  lines  of  old  ones,  the 
Justices  of  the  Inferior  Court  may,  at  any  time,  appoint  three 
Commissioners,  citizens  of  the  district  or  districts  from  which 
it  is  proposed  to  make  the  new  district,  or  change  the  lines 
tliereof,  whose  duty  it  shall  be  to  lay  out  and  define  such  lines, 
and  report  the  same  to  the  Clerk  of  such  Inferior  Court. 

§457.  Sucli  Commissi(mcrs  have  authority  to  engage  the  ser- 
vices of  a  competent  Surveyor,  to  assist  them  in  their  duties,  wdio 
shall  be  paid  for  his  services  out  of  the  County  Treasury,  the 


How  laid 
out  or 
changed. 


Survoy  an  I 
comiionsa 
tlon  thero- 
for. 


PT.  1.— TIT.  6.— County  Organization.  101 


Chapter  1. — Militia  Districts. 


same  compensation  County  Surveyors  have  for  similar  services 
rendered  a  citizen. 

H58.  If  the  Inferior  Courts  approve  their  report,  they  si i all  Proceeding* 

"^  ^  '■  .  .  J,        recorded. 

have  all  proceedings  in  the  matter  entered  on  their  minutes,  after 
which  the  district  laid  out,  or  line  changed  or  defined,  shall  be 
known  and  regarded  accordingly. 

§459.  It  is  the  duty  of  such  Clerk,  if  a  new  district   is  laid  Proceedings 

,         ^  ,  J .  to  be  trans- 

out,  to  transmit,  instanter,  to  tlie  Crovernor,  such  proceedings  mitted to th« 

11  •  ^     ^  1  IT   11'  I'''     Goveinor, 

from  their  minutes  duly  certmed,  and  to  publish  them  tor  thirty  and  adver- 

•^  '■  ''   tised  thirty- 

days,  at  the  door  of  the  Court-house,  and  in  the  public  gazette  li^.v*- 

where  they  do  their  official  advertising. 

§460.  As  soon  as  such  is  done,  such  Clerk  must  immediately  cierk  must 

order  an  election  for  the  requisite  number  of  Justices  of  the  election  for 

tTusticos  «fcc. 

Peace  and  Constables,  (for  such  district,)  after  advertising  the 
same  for  thirty  days,  in  three  of  the  most  public  places  of  the 
new  district. 

§4G1.  If,  in  laying  out  a  new  district,  or  in  changing  the  lines  Making  or 
of  old  districts,  the  residences  of  Justices  of  the  Peace,  or  Con-  Districts 
stables,  elected  are  included  in  the  new  district,  or  cut  off  from  move  offi- 
the  district,  for  which  they  were  elected,  they  have  authority  to 
discharge  tlieir  duties  for  the  district  for  which  they  were  elected, 
until  their  terms  of  oflice  expire,  and  their  successors  in  such 
district  are  qualified,  unless  elected  to  the  same  oflice  in  the  new 
district  to  which  they  are  eligible. 

§  462.  Suits  pending  in  any  Justices'  Court,  must  not  be  changed  ]?°*'g^j^j"g  *^' 
because  the  residence  of  a  defendant  is  included  in  the  new  dis- 1'^'^'^'^- 
trict,  or  cut  oflf  into  another  district;  but  tliey  must  proceed  as 
thousrh  no  such  change  had  been  made. 


ClIAPTEE  II. 

INCORPORATION  OF  COUNTIES,  COUNTY  CONTRACTS,  PROPERTY  AND 

CLAIMS. 


Section.  |  Section' 

463.  Each  county  is  a  body  corporate.       |  472.  Injuries  to  public  building."?,  A-c. 

464.  Suits  against  a  count}'. 

465.  Contracts  with  the  Inferior  Court. 

466.  Grants,  deeds,  Ac. 

467.  Property  of  the  county. 

468.  County  buildings — by  whom  erected. 

469.  Preservation  of  buildings,  Ac. 


473.  Dimensions  A  construction  of  Jails. 

474.  Tax — by  whom  levied. 

475.  On  faihire  to  levy  such  tax. 

476.  Public  buildings,  A'c,  to  be  inspected. 

477.  Duty  of  the  Judge. 

478.  Claims  against  the  county. 


470.  Occupancy  of  rooms  in  Court-house.     479.  Must  be  presented  in  twelve  months. 

471.  Court-hou.ses.  Jails,  Ac.  |  480.  Judgments  again.st  the  county. 


Ki2  PT.  1.— TIT.  (1.— Corx-n-  Okt.axization. 


Chapter  2. — InooriK.ratim  ih,  Property  and  Claims. 


Eftcheonntj  §4(53.  Evefv  ctniiity  wliich  has  been,  or  may  be  established  in 
ooqwrnv.     this  State,  is  a  h<»(ly  corporate  with  ]>o\ver  to  sue  or  be  sued  in 

any  Court. 

saiuTt^         §464.  Suits  against  a  county  must  be  against  the  Interior 

^<"  ..       Oiurt,  and  i)ersonallv  served  on  the  Clerk  of  such  Court,  who 

must  make  an  entry  thereof  on  his  minute's,   and  suits  l)y  tlie 

county  must  be  in  the  name  of  the  Inferior  Court. 

contncu         §405.  All  contracts  entered  into  bv  the  Justices  of  the  Infe- 

wiU>  the  In-    .         -^  •   i  i  •      ,     i  '  i  .      ,.     i  i 

feHor Court  nor  Court,  witli  <tther  i>ersons  m  bchalt  oi  the  countv,  must  he 

matt  br  In      .  ,   ,  *  . 

writing.       in  writing,  and  entered  on  their  minutes. 

Tu^t  mii-)e  §4»W!.  All  deeds,  conveyances,  grants,  or  other  instruments, 
flTofUie"  *^  which  have  been,  or  may  be  made  to  any  officer  or  person  for 
*"'^''       tlie  use  and  benefit  of  the  county,  vests  in  such  county  the  title 

as  fully  as  if  made  to  such  county  by  name. 
The.Tu8ti.-o8      §407.  The  Justices  of  the  Inferior  Court  liuvc  the  control  of 

of  the   Info-     .,  1     1  •  1 

rior  Court    all  propertv  beiongini'  to  the  countv,  and  mav,  by  order,  to  be 

contrul  the  ±        i.         ^  r^      r>  .  ■>  .,  7      *  ^ 

r^pcrty  of  entered  on  their  minute.s,  direct  the  disposal  of  any  real  property, 
which  can  lawi'ully  l)e  disposed  of,  and  appoint  a  commission  to 
make  titles  thereto,  and  the  conveyance  of  such  commission  in 
accordance  with  such  order,  vests  the  grantee  or  vendee  with  the 
title  of  the  county. 
S^^\'  §*i''^-  The  countv  buildin<xs  are  to  be  erected  and  kciit  in 

bjr  whom     order  and  repair  at  the  e.\i>ense  of  the  countv,  under  the  direc- 

•rocted,  itc      ...  .  - 

tioii  of  such  .Justices,  who  are  authorized  to  make  all  necessary 
contracts  for  that  i>urpose. 
Duty  of  the      § 4G«.>.  It  is  tlic  dutv  of  the  .Justices  of  the  Inferior  Court  to 

Justices  of  _  ^ 

theinf.rior  crcct  or  rcjtair,  when  necessarv,  their  resiiective  Court  Houses, 

Court  In  re-  _        -^  •  -l  ' 

puu"c\"iiM-""*^  Jjiils,  and  all  other  necessary  county  l)uildings,  to  furnish 
1;^^^''"'^ '■^- each  with  all  the  furniture  necessary  for  tlie  different  rooms, 
ollices  or  cells,  and  to  ]>rocure  a  tire-proof  safe  or  safes,  sufficient 
to  hold  at  least  all  the  minute  books,  and  books  containing  re- 
cords of  judgments,  books  of  officer's  bonds,  all  recognizances, 
the  Ixtnds  of  administrators,  and  guardians,  the  record  of  wills, 
and  of  a])praiscmcnts  and  sales,  unless  the  Court  House  has  a 
tire-proof  vault;  such  books  and  })a])ors,  and  all  others  that  can, 
must  be  j)laced  in  such  safes  or  vaults  at  nii^lit  or  wlien  the  offi- 
cers are  absent. 
Rooniiin  §47<).  Sucli  .Justices  shall  designate  the  rooms  in  the  Court 

the  Court       -^  ,  •     1  1  1         ■     1  n^ 

Uon»e.  House  to  be  occujued  l)y  each  ot  the;  county  omcers,  and  enter 
the  same  on  their  minutes,  which  they  may  change  from  time  to 
time  aj»  convenience  may  re<piire. 


PT.  1. — TIT.  6.— County  Organization.  103 


Chapter  2. — Incorporatiou  of  Counties,  County  Contracts, '  Property  and  Claims. 


to 
build- 


§471.  Tlie  Court  Houses,  as  well  as  Jails,  the  public  grounds,  court  ^^ 
and  other  county  property,  are  placed  in  the  keeping  of  the  "l^^^J^^^f 
Sheriffs  of  the  respective  counties,  subject  to  the  order  of  such  "f^tho^^ 
Justices,  and  it  is  their  duty  to  preserve  them  from  iujury  or 
waste  and  to  prevent  intrusions  upon  them. 

§  472.  If  any  person  designedly  destroy,  injure  or  deface  any  ^^^^f^^^^ 
of  the  ])ublic  buildings,  the  appurtenances  thereto,  or  the  i'^^i'^'^i-i"f,^'j*n7 
ture  inside,  or  shall  use  either  for  any  indecent  purpose,  such  isiied. 
person  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  be 
lined,  or  imprisoned,  or  both,  at  the  discretion  of  the  Court,  be- 
sides being  lial)le  for  the  damages. 

8  473.  The  County  Jails  hereafter  constructed  must  be  of  suffi-  nimonsions 

o  J  _  and  con- 

cient  size  and  strength  to  contain  and  keep  securely  the  prisoners  ?^r,^^'="°°  ^^ 
and  debtors  which  may  be  confined  therein,  and  must  contain  at 
least  three  apartments,  properly  ventilated,  so  as  to  secure  the 
health  of  those  confined  therein  one  for  debtors,  one  for  crimi- 
nals, and  one  for  females. 

§474.  The  Justices  of  the  Inferior  Courts  of  the  several  f^-^un- Jj!'^;|'T"stic« 
ties  have  the  power  to  levy  an  extra  tax  sufficient  to  carry  ii^to  j'^'^^^^^'I'J'^!'^*^^ 
effect  sections  4G8   and  460,  without  a  recommendation  ])y  the^^''- 
Grrand  Jury,  whenever  the  necessities  arise. 

§475.  If  such  Justices  fail  to  comply  witli  the  recjuirement  of 
said  sections,  or  to  levy  the  tax,  or  levy  an  exorbitant  tax,  orpnfaiiuroto 

■•''•'  '         levy  nil  extra 

levy  one  wlien  unnecessary,  their  conduct  maybe  reviewed  by  <:^>;"'""'"id!i- 

"^  «'  '  •  "    nuis  may 

the  Judge  of  the  Superior  Court,  by  mandamus  or  injunction,  i*^'"'- 
as  tlie  nature  of  the  case  may  re([uire,  at  the  instance  of  any  tax 
payer  of  the  county. 

§470.  It  is  the  duty  of  the  (irand  ffuries  to  inspect   all  the  or.ind  Ju- 
public   buihlings  and  other   property  of   the   county,   and  the  sPot^ilIlwio 
county  records,  and  to  report  in  their  general  presentments  their  n'-c.ni^  !vc. 
condition,  and  if  they  report  that  such  Justices  have  failed  to 
comply  with  the  law,  touching  the  same,  it  is  the  duty  of  the 
Solicit(.»r  General  of  the  circuit  to  commence  proceedings  against 
them,  tliat  they  may  be  compelled  so  to  do,  if  they  do  not  in 
good  faith  comply  by  the  next  term  of  the  Superior  Court. 

§477.  The  Judges  of  the  Superior  Court  shall,  when  neces- p,„y.  „,  ,ij« 
sary,  call  the  attention  of  the  Grand  Jury  to  the  duties  required '^;|j'„>i;,r*^^ 
of  such  Justices  in  this  chai)ter.  ^  *'"'"'■ 

§478.  Such  Justices  must  audit  all  claims  atrainst  tlieir  res]>ec-  -iii.cinim* 

"  f^  i  ii;.'!iinst  tuo 

tive  counties,  and  every  claim   or  such  part  thereof,  as  may  ^^^^mutU"'^" 


104 


PT.  1. — TIT.  6. — County  Organization. 


Chapter  2. — Incorporation  of  Counties,  County  Contracts,  Property  and  Claims. 

i. 

allowed,  must  be  reiji stored ,  and  the  Clerk  of  said  Justices  must 
ffive  the  claimant  an  order  cm  the  Treasurer  for  tlic  amount. 
MuBtbcpre-     8470,  All  claims  against  counties  must  be  presented  Avithin 

Rented  with-        ^  ^  i  i  i 

twelve  montiis  after  they  accrue  or  become  payable,  or  the  same 
are  barred,  unless  held  by  mint»rs  or  other  persons  laboring 
under  disabilities,  who  are  allowed  twelve  months  after  the  re- 
moval of  such  disability. 

§4S(>.  The  private  pro])crty  of  the  citizens  of  a  county  shall 


in  twelve 
month 


Jndinnents 

^nTv.^hownot  be  bound  by  any  judgment  obtained  against  the  county,  but 
such  judgment,  if  binding,  shall  be  satisfied  from  money  raised 
bv  lawful  taxation. 


CHAPTER  III. 

COUNTY    REVENUE. 

Article  1.  From  Taxation. 
Article  2.  From  other  sources. 


ARTICLE  I. 


FROM  TAXATION. 


Section'. 
48  L  Ta.x  for  county  purposes. 

482.  Duty  of  Justices  Inferior  Court. 

483.  Failure  of  Grand  Jury  to  recommend. 

484.  "When  tliere  are  several  Grand  Juries. 

485.  Creditors  of  the  county. 
48G.  Objects  of  a  county  tax. 

487.  When  debts  exceed  amount  raised. 

488.  The  order  must  specify  the  object. 

489.  Must  be  advertised  for  ;!()  days. 
400.  Specific  taxes. 


Section*. 

491.  IIow  entered,  collected,  and  paid  out. 

492.  Collector's  foes  and  liabilities. 

493.  Payment  of  county  tax,  &c. 

494.  Persons  holding  county  tax. 

495.  Failing  to  pay,  execution  may  issue. 
49G.  Illegality — when — how  tried. 

497.  Persons  borrowing  county  funds. 

498.  Fi.  Fa.  or  Ca.  Sa.  may  issue. 
490.  The  Inferior  Court  may  remit. 


Tax  for 
county  pur 


§481.  Tlie  Justices  of  the  Inferior  Court  have  power  to  raise 
nose^lww  a  tax  for  county  purposes,  over  and  above  the  tax  they  are  here- 
inl)efore  empowered  to  levy,  and  not  to  exceed  fifty  per  cent,  up- 
on the  amount  of  the  State  tax  for  the  year  it  is  levied,  provided 
of  Grand  ju- two-thirds  of  the  Grand  Jury  at  the  first  or  Spring  Term  of  their 

ry  must  re-  .  .  i  o 

commend,    rcspcctive  couutics  recommeud  such  tax. 

Duty  of  Jus-      §482.  It  is  the  duty  of  such  Justices  to  see  tliat  by  the  time 

orCourt!^"^    of  the  Organization  of  such  Grand  Jury,  they  shall  have  prepar- 


PT.  1. TIT.  6. — CHAP.  3. — County  Organization.  105 


Article  1. — From  Taxation. 


€d  by  their  County  Treasurer,  under  their  supervision,  a  state- 

■,.    .  n     ^  J    ,^  i.  County 

ment  of  the  financial  condition  of  the  county,  and  tlie  amount  Treasurer. 
of  tax  required  to  discharge  the  county  liahilities  for  that  year,  ^.^^^^._^^ 
which  shall  be  by  tlie  Treasurer  presented  to  the  Foreman  of  the  ^onduion  of 
Grand  Jury,  on   tho  fii*st  day  of  Court,  for  inspection  by  that '^<^^- 
body. 

§483    If  from  any  cause  such  Grand  Jury  is  not  em ] )aiielled,  u  the  Grand 

o  •'  "  ,  „  Jury  fail  to 

or  they  adjourn  without  taking  any  action  thereon,  or  they  retuse  ^commend 
to  make  such  recommendation  sufticient  to  discharge  any  judg-" 
ment  that  may  liave  been  obtained  against  the  county,  or  any 
debt  for  tlie  payment  whereof  there  is  a  mandamus,  or  the  ne- 
cessary current  expenses  of  the  year,  sucli  Justices  may  levy  the 
necessary  tax  -without  such  recommendation. 

§484.  When  there  are  several  Grand  Juries  empanelled  dur- if  there  i.« 
ing  such  term,  the  recommendation  of  either  panel  shall  be  suf- brand  Ju- 
ficient  authority,  but  it  there  are  counter  presentments  on  the 
subject,  it  shall  be  as  though  there  had  been  an  entire  failure  to 
report  thereon. 

§485.  The  ridit  of  a  creditor  of  a  countv  to  compel  such  tax  creditors  of 

o  o  ,     .      the  county 

levied,  or  of  a  tax  payer  to  resist  it,  is  the  same  as  set  forth  m  ami  tax  pay- 
section  475,  touching  tax  for  building. 

§486.  County  taxes  shall  be  assessed  for  the  following  P"i'po- I^J;;*^?^^'^  f 

Ses:—  '  county  tax. 

1.  To  pay  the  legal  indebtedness  of  the  county,  due  or  to  be- 
come due  during  the  year,  or  past  due. 

2.  To  build  or  repair  Court  Ilouses  or  Jails,  bridges  or  ferries, 
or  other  public  improvements,  according  to  the  contract. 

3.  To  pay  Sheriffs,  Jailors,  or  other  officer's  fees,  that  they  may 
be  legally  entitled  to,  out  of  the  county. 

4.  To  pay  Coroners  all  fees  that  may  l)e  due  them  by  the  coun- 
ty for  holding  inquests. 

5.  To  pay  the  expenses  of  the  county  for  Bailiffs  at  Courts, 
non-resident  witnesses  in  criminal  cases,  fuel,  servant  hire,  sta- 
tionery and  the  like. 

G.  To  pay  Jurors,  mIicu  by  the  local  law  they  are  alhnvcd  a  per 
diem  compensation. 

T.  To  pay  expenses  incurred  in  supporting  the  poor  of  the 
county,  and  as  otherwise  prescribed  by  this  Code. 

8.  To  pay  charges  for  educational  purposes,  to  be  levied  only 
in  strict  compliance  with  the  law. 

0.  To  pay  any  other  lawful  charge  against  the  county. 


106  PT.  1.— TIT.  6.— CHAP.  3.— Coukty  Organization. 


Article  1. — From  Taxation. 


•When  debu      §  487.  Wlicn  debts  have  accumulated  against  tlie  county  so 
•mount rai»- that  ouo  hundred  per  cent,  on  tlie  State  tax,  or  the  amount 

ed  by  tAxa-  * 

tion,  iic  specially  allowed  by  local  law,  cannot  pay  the  current  expenses 
of  tlie  county  and  the  debt  in  one  year,  they  shall  be  paid  off  as 
rapidly  as  possible,  at  least  twenty-live  per  cent,  every  year. 

Tbe  ordor        §  4S8.  As  soou  as  the  county  tax  is  assessed  for  the  year,  it 

must  »pccl/y  *'  .  . 

the  object,    shall  be  done  bv  order  of  such  Justices  and  entered  on  their  min- 

pcr  cent  • 

bis^nu!??d    ^t^'^?  which  must  specify  the  per  cent,  levied  for  each  specific 
ute^"*™'"   purpose.     The  assessment  applies  to  every  species  of  value  or 

specifics  which  is  taxed  by  the  State. 
Tho  order  to      § '^S''^-  The  Clcrk  of  tlic  Inferior  Court  must  advertise,  imme- 
cdUiirty  *  diately,  a  copy  of  such  order  for  thirty  days,  at  the  door  of  tlie 
cierf'  "^  Court  House,  and  in  a  public  gazette,  if  one  is  pu])lished  within 
the  limits  of  their  respective  counties,  and  furnish  the  Tax  Col- 
lector with  another  copy,  and  if  he  fails  so  to  do,  shall  be  fined 
by  such  Justices  not  less  than  fifty  dollars. 
Taxo8  for  a       §  490.  Taxcs  raiscd  for  educational  purposes,  or  the  support  of 
purpose'.      the  poor,  or  any  other  specific  purpose,  must  be  used  for  such 

})urpose  respectively,  and  none  other. 
How  enter-       §-i91.  All  taxcs  SO  Icvicd  for  couutv  purposes  must  be  assessed 

ed,  collected,  i  rn  t>  •  i       i  i  ,•       "         i  in  i   i 

and  paid  out.  upon  the  i  ax  iveccivcr  s  books  lor  each  year,  and  collected  by 
the  Tax  Collector,  who  shall  pay  the  same  to  the  County  Treas- 
urer, except  educational  tax,  which  shall  be  paid  to  the  Ordinary. 
Collector's  §402.  Tlic  Tax  CoUcctor  sluiU  Ije  allowed  the  same  comniis- 
biiity.  sions  and  fees  for  such  collections  as  they  are  allowed  by  law  for 
the  collection  of  the  State  tax,  and  are  liable  to  the  same  fines 
and  forfeitures  for  any  default  or  improper  conduct. 

Payment—       §403.  Any  otlicr  remedy  or  right  allowed  bv  law  for  the  en- 
how  cnforc-   ,.  .  1 1         •  1      "^  I'     1      'c^  •  1 

od.  lorceuient  oi  the  collection  and  pajmient  ot  the  State  taxes,  either 

by  the  Comptroller  General  or  Tax  Collector,  may  be  used  for 
the  county  taxes  by  the  Justices  of  the  Inferior  Courts, 
howrn"'*  §404.  Such  Justices  shall  also  have  authority  to  compel  all 

compeii^a^o  persons,  their  heirs.  Executors  or  Administrators,  wlu)  have,  or 
J^^"^'*'"'^"nniy  have  in  their  hands  any  county  money,  collected  lV)r  any 

county  purpose  whatever,  to  pay  over  the  same. 
On  failure  to      §405.  Oil  failure  to  pay  the  same,   such  Justices  shall  cause 

pay,  execu-      •,      .      y-,,      i     .       •  •  •  ^  i     i      • 

tion  may  tticir  l^lcrk  to  issuc  cxecutioiis  against  such  persons  and  tlieir  se- 
curities, if  any,  for  the  full  amount  a})pearing  to  be  due,  as  the 
Comptroller  (Jcneral  issues  executions  against  defaulting  Tax 
Collectors, 

§40G.  If  such  execution  shall  issue  for  too  much,  or  if  defen- 


IBBUe. 


PT.  1.— TIT.  6.— CHAP.  3.— Com^TY  Okganization. 


107 


Article  1. — From  Taxation. 


dant  denies,  on  oath,  owing  any  part  thereof,  he  may,  by  filing  incfraiity— 
an  aflidavit  of  illegality,  according  to  the  rules  governing  other  groiids. 
illegalities,  cause  an  issue  to  be  formed  thereon,  which  shall  be  ^^ 

,  '  when  and 

tried  by  a  special  jury  at  the  first  term  of  the  Superior  Court  ^""^  ^'''*^ 
thereafter, 

§  497.  The  provisions  of  tlie  foregoing  four  sections  are  appli-  ah  persont 
cable  to  all  persons  and  their  sureties,  who  may  borrow,  or  pre-  mone^bf- 
tendedly  borrow,  any  county  money  from  any  person  having  cus-  the^ountj 
tody  thereof,  and  shall  be,  in  all  respects,  held  as  holders  of  coun-Sprece- 

■        !•        J  dins;  soc- 

ty  tunds.  tions. 

§-1:98.  "Wliere  the  Justices  of  the  Inferior  Court  are  authorised  ^i- A- or 
to  issue  j^./rts.,  they  are  also  authorized  to  issue  ca.  S(is.  on  tlie '*«"«•'  ""'^ 
same  terms  as  other  plaintiffs. 

§  499.  In  all  cases  where  persons  have  been  overtaxed,  or  for  Tho  ,Tnstice« 
any  other  cause  taxes  are  claimed  to  be  remitted,  refunded  or  in tLTcIuh' 
any  manner  claimed  against,  the  Inferior  Court  shall  be  author-  thf county 
izcd  to  hear  and  determine  such  application  to  the  extent  of  the*""" 
interest  of  the  county  therein. 


AKTICLE  II. 

FROll  OTHER  SOURCES  THAN  TAXATION. 


Sectiox. 

500.  Sources  of  tho  County  Revenue. 

501.  Retail  Licenses,  Shows,  etc. 

502.  License  issued  for  one  year. 

503.  Retailing  si:)irits  without  license. 

504.  Exhilntiug  shows,  &c. 

505.  Peddlinp:  without  hcense. 

50G.  Tax-payer  may  demand  a  license. 


Section. 

507.  Violations  of  preceding  sections. 

508.  Duty  of  Clerk  in  relation  to  sliows. 

509.  Special  defence — how  made. 

510.  Damages  against  defendants. 

511.  Not  to  interfere  with  Penal  Code. 

512.  Money  raised — liow  appropriated. 

513.  The  Clerk  failing  to  pay  over  money. 


§500.  All  sums  wliicli  are  paid  into  tlio  Countv  Treasury    forSom-cceof 

i-l,^  .(*^11^      ■  i  1  „    ,  "  county  reye- 

tiie  lollowiug  accounts,  make  a  part  of  the  county  revenue   viz  •  ""^  "t^'^'- 

1      T7<        i  1  , 1        •        1        1         ,.  '  *  U'-""!  by  tax- 

i.  roY  Tiie  autliorized  sale  oi  any  county  property,  unless  oth-*"°"- 
cinvise  directed. 

2.  For  the  rent  or  liire  of  any  county  property, 

3.  For  shows  or  exliibitions. 

4.  For  licenses  to  sell  spirituous  liquors  in  any  quantities. 

5.  From  estrays. 

6.  From  licenses  to  peddle. 

7.  From  any  otlier  sources. 


108  PT.  1.— TIT.  6.— CHAP.  3.— County  Organization. 

Article  2. — From  other  Sources. 

E«taiiii-         §501.  The  countv  charges  for  sncli  licenses  are  as  follows: 

censes,  exhi-        "  ,  .  '  "^ 

waonsand   To  retail  8i»iritiions  liquors, $25  00 

To  sell  spirituous  liquors,  not  by  retail,  in  <juantities  less 

than  one  gallon 5  00 

To  peddle  witliin  the  county,  uidess  otherwise  provided 

by  the  Inferior  Court  under  the  law 50  00 

To  exhibit  sh<»ws  with  horses, 10  00 

To  exhibit  animals,  beasts  and  the  like, 10  00 

To  exhibit  pictures  or  figures, 5  00 

To  exhibit  any  other  show,  not  less  than  $5,  nor  more  tlian  §25, 

as  the  Justices  of  the  Inferior  Court  may  order. 
To  exhibit  theatricals,  or  musical  entertainments,  for  profits  to 
the  proprietor,  not  more  than  §5  on  each  exhibition,  and  sub- 
ject to  contract  with  the  Court. 
LicenBCB,ex-     S  502.  All  such  licciises,  except  exhibitions,  are  for  the  term  of 

cent  for  ex-  ^  ,.  '  ^       ,.      .  '  ,. 

hibitions,  is- one  year,  extending  to  the  county  Imnts:  but  license  to  retail  or 

eueforone         ,,        .    .  ,.       ^  .„         .       "^      . 

year.  sell  spirituous  liquoi's.  Will  only  authorize,  either  by  the  person 

in  whose  name  it  issues,  or  his  clerk,  to  sell  at  some  one  lixed 
place  in  the  county,  which  must  be  sj^ecified  in  the  license, 
without  u-        §  ^^^-  ^^  ^^^y  Person  retails  or  sells  spirituous  liquors,  without 
cense.         jj^st  obtaining  such  license,  or,  having  obtained  it,  sells  at  any 
other  or  more  places  than  the  one  fixed  in  the  license,  or  trans- 
fers it,  and  allows  it  used  by  any  other  person  tlian  liimself,  or  an 
authorized  clerk,  he  forfeits  to  the  county,  for  each  violation, 
twenty-five  dollars, 
xhibiting        8  504.  If  auv  person  exhibits  anv  show,  without  first  obtaining 

shows,  Ac,  IT  "^  ,  .,  .  ,  t'.v,  .  .  I'll 

without  li-    such  license,  or  exhibits  a  show  dmerent  from  that  lor  which  he 

cense. 

obtained  license,  he  forfeits  to  the  county  tliree  times  the  cost  of 
license  for  each  exhibition. 
Peddling  §  505.  If  any  person  peddles  without  first  obtaining  such  li- 

eense.         ccusc  ill  couiities  wlicrc  the  Justices  of  the  Inferior  Court  take  no 
action  regulating  peddling,  he  forfeits  to  the  county  one  hundred 
dollars  for  the  first  act  of  peddling,  and  for  each  month  thereaf- 
ter, twenty-five  dollars  more. 
AnyTnx-         §506.  Ally  Tax-pavcr  of  a  couiity  may  call  ui)ou  any  person 

payer  may     .  •         /•  "^         •  •  i  •    i         -i  •  i  i        •        i 

demand  ft  )i-  111  pursuit  oi  any  occupatioii  lor  wliicli  a  license  must  be  obtained, 
to  exhibit  his  license,  and  if  he  fails  so  to  do,  it  shall  be  siifiicient 
grounds,  on  making  affidavit  of  the  fact,  to  cause  such  forfeiture, 
and  if,  on  investigation,  it  appears  that  he  has  such  license,  he 
forfeits  the  sum  often  dollars  and  costs. 

§  507.  If  any  Justice  of  the  Inferior  Court,  or  Clerk  thereof,  of 


PT.  1.— TIT.  6.— CHAP.  3.— County  Oeganization.  109 

Article  2  — From  other  Sources. 

their  own  knowledo-e,  knows  of  the  violation  of  the  foregoino;  violations  of 
three  sections,  or  it  any  person  will  make  amdavit  ot  sucii  tact,  ding  sec- 
it  is  the  duty  of  the  several  Clerks  of  the  Inferior  Courts  of  this  punished. 
State,  unless  they  know  to  the  contrary,  to  issue  a  process  directed 
to  all,  and  sinn-ular  the  Sheriffs  and  Constables  of  this  State,  for  c^i'^^k  to  is- 

^  ,  ,  .  sue  process. 

the  amount  of  such  forfeit,  commanding  them  to  levy  on  suffi- 
cient of  the  property,  real  or  personal  of  the  defendant,  to  satisfy  Levy,  sale, 
tlie  same  and  costs,  and  to  levy  and  sell  the  same  as  in  case  of 
attachments,  and  in  default  of  tinding  goods  enough  for  such 
purpose,  to  arrest  such  defendant,  and  him  safely  keep  as  in 
cases  of  persons  arrested  under  ca.  sa.  /  such  process  must  be  re-J^^t^j*^"^ 
turned  to  the  Court  from  whence  it  issues. 

§508.  If  any  show  is  on  exhibition  in  any  county  without  the  Dutr  of  the 
license  re(piired,  it  is  the  duty  of  the  Clerk  of  the  Inferior  Court,  inferio" 
instanter,  to  place  such  process  in  the  hands  of  such  officer,  aTidiationto 
if,  on  presentation,  the  license  fee  required,  and  all  costs  are  in- 
stanter paid,  it  shall  discharge  the  same,  but  not  otherwise ;  but 
if  such  course  is  not  taken,  it  is  no  waiver  of  such  forfeiture. 

§  509.  Persons  against  whom  such  process  may  issue  may  ar-  Persons  pro- 
rest  the  same  by  swearing  that  they  have  not  violated  the  law,  .^gainst  may 
on  account  of  which  process  has  issued,  and  by  otherwise  com- 
plying with   the  provisions  of  the  section  against  persons  hold- 
ing county  funds,  and  which  shall  be  returned  and  tried  in  the 
same  manner. 

§510.  If  on  the  trial  of  such  issue  the  jury  who  tries  shall  be-mmagcs 
lieve  that  such  affidavit  was  tiled  for  delay  only,  or  is  without  rSnts!''' 
any  excuse  to  sustain  it,  they  shall  so  state  in  their  verdict,  and 
if  they  so  iiiul,  the  defendant  shall  pay  twenty-five  per  cent,  ad- 
ditional. 

§511.  The  penalties  and  forfeitures  herein  before  set  forth  are  Not  to  inter- 
net to  interfere  with  any  provision  of  the  Penal  Code,  that  is  or  ivnai'code! 
may  be  enacted,  making  such  acts  penal. 

§512.  The  moneys  arising  from  such  licenses  are  to  be  paid  to  Money  how 
the  County  Treasurer,  to  be  used  for  county  purposes,  but  one-  ateT^'" 
half  of  moneys  arising  from  forfeitures  go  to  the  informers, 

§  513.  When  any  Clerk  of  the  Inferior  Court  shall  neglect  to  Proceedings 
pay  over  to  the  County  Treasurer,  if  he  is  not  County  Treasurer,  SftopV 
or  shall  retain  in  his  hands  any  money  collected  on  account  of "«  his  handl 
the  county  or  belonging  thereto,  the  Justices  of  the  Inferior 
Court  may  compel  him  to  do  so  by  rule  at  any  time,  and  if  he 
then  fails  so  to  do  they  may  issue  fi.  fa.  against  him  and  his 


110 


PT.  1.— TIT.  C— CHAP.  4.— Cc.uNTY  Okgaxization. 


Article  1. — County  Treaaurers. 


securities  as  against  defaultiiiir  t;ix  collectors,  and  the  proceed- 
ings then  and  afterwards  shall  in  every  respect  be  the  same. 


CnAPTEIl  IV. 

ODUNTY  OFFICKRS  NOT  IIKRKIN  BEFORE  SPI-XIFIED. 

Akticlk  1.  County  Treasurer. 
Akticle  2.  County  Surveyor. 
Aeticle  3.  County  Coroner. 


ARTICLE  I. 

COUNTY  TREASURERS. 


Sectiox. 

514.  I'jlection  and  term  of  office. 

515.  Tailuro  to  elect  at  a  regular  time. 

516.  When  such  election  should  bo  held. 

517.  Mu.st  gi%'e  bond  and  take  an  oatli. 

518.  Term  of  office. 

519.  Vacancies  how  filled. 

520.  Qualifications. 

521.  Clerk  being  appointed  TrcaBurer. 

522.  Oath  of  tlie  County  Trea.surer. 

523.  Amount  of  his  bond. 

524.  Appointees  to  fill  vacancies. 

525.  County  funds  by  whom  received,  &c. 

526.  Ilis  office — where  kept. 

527.  Treasurer's  duty,  <fcc. 

528.  His  duty  in  making  payment.'. 


Section'. 

529.  Books  to  be  furnished. 

530.  Books,  &c.,  where  deposited. 
631.  Debts  of  coimty,  what  order  paid. 

532.  County  orders — when  payable. 

533.  Persons  holding  orders. 

534.  Orders  not  paid  for  want  of  fund.«. 
I  535.  County  orders  negotiable. 

i  536.  Treasurer  shall  not  purchase. 
I  537.  Bu3-ing  at  a  discount,  Ac. 

538.  Clerk  failing  to  render  a  statement. 

539.  Duty  of  the  Treasurer,  &c. 

I  540.  Both  offices  held  by  same  person. 

541.  Trca.surer  failing  to  pay  over. 

542.  Must  turn  over  books,  &c. 

I  54:s.  Final  settlement  on  retiring. 


County 


§514.  County  Treasurers  are  annually  on  the  second  Monday 
2'o^^*c"p'y'(~j  in  January  aj^pointed  by  the  Justices 'of  the  Inferior  Court  of 
mo^"^  "'each  county,  except  every  fourth  year,  when  there  is  a  regular 

election  for  such  Justices,  when  it  must  bo  done  as  soon  after 

their  qualification  as  possible. 
Justices  of        §515.  If  there  arc  not  as  many  as  tlirec  of  such  »Iustices  in 
(^mrtfaiungcomniissioii,  who  meet  at  the  time  designated  for  such   appoint- 
to  attend,     jj^gj^^^  j|.  j^^j^y  ]jy  adjourned  from  time  to  time  until  there  are  at 

least  three  present. 
When  the         §510.  Sucli  appointment  should  take  place  as  long  as  possible 
SonMbo*"  before   the  first  session  of  the  Sujjcrior  Courts  in  each  county 

made.  , 

lor  the  year. 
Must  take  an      ^^^^-  ~^^  appointment  is  effectual  until  bond  and  security  is 
g?vo  M    given  and  the  oath  of  office  taken. 


PT.  1.— TIT.  <;.— CHAP.  4.— County  Okgaxization.  Ill 


Article  1. — Coimtv  Treasurers. 


§518.  When  once    appointed  or  elected,  and  qualified,  tliev  May  be  re- 

1      1  1       1      •  n-'  •IT-  TH     T  1     "   moved  from 

hold   their   oinces   until   their   successors   are   qualihed,   unless  office,  and 
sooner  removed,  and  tliej  may  be  removed  in  the  same  manner 
that  Clerks  of  the  Superior  Courts  may  be,  to  be  judged  of  by 
the  Justices  of  the  Inferior  Court,  unless  elected  by  the  people, 
and  in  that  case  by  tlie  Superior  Court. 

§519.  Vacancies  are  filled  by  the  appointment  of  such  Justices,  ^o"^2n^ 
'whether  the  Treasurei*8  are  originally  elect-ed  by  tlie  people  or 
appointed  by  them. 

§520.  No  other  conditions  of  eligibility  arc  recjuired  save  those  uis  qnaUfi- 
that  apply  to  all  otlier  oflicers,  l)ut   no    other   oflicer   can  be 
County  Treasurer  except  a  Clerk  of  the  Inferior  Court. 

§521.  When  a  Clerk  of  the  Inferior  C<;)urt  is  thus  elected  orThocierkof 
appointed,  he  shall  take  the  oath  and  give  the  bond  required  of  aconrt  being 

/-I  m  11  •    ■    '  1   ■       m  1  ;ipi)ointcd 

Countv    Ireivsurer,   but  the  securities  on   his    Ireasurers  bond  Treasurer 

1      n    i"        Tji-  •  1  1   •      /-n       1  1      1  1  1  must  take  an 

shall  be  dmerent  ironi  tliose  on  ins  Clerk  s  bond,  unless  they  are  "•.'">  "'"i 
clearly  able  to  satisfy  both.     His  oath  of  office  must  be  entered  The  oath  and 
on  the  minutes  of  the  Inferior  Court  and  filed  in  the  office  of  the  be^rUorded. 
Ordinary,   and  his  official  bond  must  l>e  filed  and  recorded  in 
said  office. 

§  522.  County  Treasurers  before  entering  on  the  duties  of  The  form  of 
their  office,  besides  the  oath  required  of  all  civil  officers,  must*'*'*"' 
take  the  tV>llowing  oath,  viz  :  "  I, ,  do  swear  I  will  faith- 
fully collect,  disburse  and  account  for  all  monies  or  other  effects 
of  the  county,  and  otherwise  faithfully  discharge  all  the  duties 
required  of  me  bv  law,  a.s  Countv  Treasurer.  So  help  me 
God." 

§523.  They  shall  also  within  ten  days  from  their  election  or  Amount  of 
appointment,  give  a  bond  payable  to  the  Justices  of  the  Inferior  "* 
Court  of  the  county  with  securities  to  be  by  them  approved,  in  a 
sum  which  in  their  judgments  will  be  double  the  amount  of 
the  county  tax  for  the  ensuing  year,  receipts  from  other  sources 
and  cash  on  hand. 

§  524:,  The  bonds  of  appointees  to  fill  vacancies  sliall  be  like-  Appointees 
wise  in  their  discretion,  taking  into  consideration  the  amount  des  mnsr° 
that  may  come  to  their  hands  and  for  double  such  amount.  ^'"^ 

§525.  All  county  funds  are  to  be  paid  to  and  disbursed  by  theconnty 
County  Treasurer,  except  such  as  may  be  specially  excepted  by  ^vhom  re- 
law,  and  then  to  be  collected  and  disbursed  as  specially  directed.  P'^'d  out. 

§526.  He  must  keep  his  office  at  the  County  Site,  or  at  some  ^^^•'^'^j.^  ^ 
place  within  one  mile  of  the  Court  House. 


112  PT.  1.— TIT.  «;.— CHAP.  4.— County  ORGAiozATioN. 

Article  1. — County  Treasurers. 


Duty  of  th«     §527.  It  is  their  duty — 

TftiMiirertn      1.  To  dilijjentlv  collect  from  all  officers  and  others  all  county 

•ollecUng.       , 

dues. 

2.  To  exainiue  tlic  luinutes  and  execution  dockets  of  tlie  dif- 
ferent Courts  of  the  counties,  to  demand  and  receive  all  monies 
appeariiii^  to  be  due  tliereon,  and  to  institute  proceedings  against 
defaulters. 
Duty.-f  .'3.  To    i)ay    without   delay,    when   in   funds,    all   orders,    ac- 

•ivJiiiu^ror  In  cording  to  tlioir  dates,  (or  otlier  debts  due)  and  when  not  in 

poying  out.     .        ,      '       1  •        ,•  '11 

hinds  as  lieremaiter  prescribed, 
Mumuiu        4.  To  take  a  receipt  on  each  order  wlien  paid  and  carefully 
nle  it  away. 

5.  To  keep  a  well  ]>ound  book  in  which  shall  be  entered  all 

receipts,  stating  when  received,  who  from,  and  on  what  account, 

and  all  amounts  paid  out,  stating  when  paid,  to  whom,  and  on 

what  account. 

shikii  keep  a     ^'  ^^  kcc})  a  woll  ])ound  book  in  whicli  shall  be  entered  a  full 

iSSebtc"!-^''*'  description  of  all  county  orders,  or  other  forms  of  indebtedness, 

co^t"/.  ''"^   as  they  are  presented,   to   record   a  copy   of  the  orders  of  the 

Inferior  Court  levying  county  taxes. 
Shall  exhibit     7.  To  exhibit  to  the  first  Grand  Jury  at  the  first  session  of  the 
the  Grand    Supcrior  Court  of  each  year,  a  full  statement  of  the  condition  of 
A  statement  tlic  Couiity  Trcasuiy  up  to  that  time,  and  on  the  second  Monday 
rjr  funds""]  in  January  annually  to  file  with  the  Clerk  of  the  Inferior  Court 
the  Clerk' of  a  fuU  Statement  of  his  account,  accompanied  by  his  vouchers  for 
Court.         the  i^receding  year,  together  witli  his  estimate  of  the  indebted- 
ness of  the  county  for  the  ensuing  year,  and  the  means  of  pro- 
viding therefor,   and  to  place  his  books  before  either  of  said 
bodies  for  examination  when  called  upon. 

8.  To  appear  before  either  of  said  bodies  to  render  an  account 

(jf  his  actings  and  doings  as  County  Treasurer,  and  to  exhil)it 

his  books  and  vouchers  whenever  ratified,    v    ;•    "^    ■  ■  ^ 

Annnai  9,  To  pubHsli  at  the  door  of  the  Court  House,  and  in  a  public 

btfadvor-  "  gazette,  if  there  is  one  published  in  the  county,  a  copy  of  his 

annual  statement  to  the  Justices  of  the  Inferior  Court, 
nook.^  &c„       §528.  All  books  and  stationery  the  County  Treasurer  may  re- 
nished  at     quirc  luust  bc  fumishcd  at  the  expense  of  the  county. 
Books,  §  52i).  When  the  books  of  such  Treasurer  are  full,  they,  to- 

Ic"I.wht'n    gether  with   the   vouchers   or   other   files   relating  thereto,    or 
eposi  cc.    (.Qjjj^gcted  with  the  office,  must  be  deposited  in  the  office  of  the 


PT.  1.— TIT.  6.— CHAP.  4.— County  Organization.  113 


Article  1. — County  Treasurers. 


Clerk  of  the   Inferior   Court    and    afterwards   be   part  of  their 
records. 

§530.  When  there  are  funds  enonirli  to  pay  all  outstanding  The  order  in 
orders  and  other  forms  of  indebtedness  due,  which  the  Treasurer  '^^^u  of  Ihe 

„i  ii'ii  ,1  •.  .-..,..  county  shall 

may  be  authorized  to  pay,  they  may  be  paid  indiscriminately  ^^  i'«d. 
without  regard  to  their  dates;  wlien  tliere  is  enougli  to  pay  ail 
dated  anterior  to  some  particular  dates,  all  sucli  mav  l)e  likewise 
paid  indiscriminately ;  when  there  is  not  enougli  to  pay  all  of 
equal  degree,  they  shall  be  paid  rateably;  under  all  other  cir- 
cumstances they  shall  be  paid  in  the  order  of  their  dates. 

§531.  Xo  order  shall  be  paid  until  after  Hn'o  days  from  itsconntyor- 
date  and  delivery,  unless  otherwise  specially  ordered,  that  the  JaiT'''"'" 
Clerk  of  the  Inferior  Court  may  I'uniish  in  the  meantime  the 
County  Treasurer  with  a  full  statement  of  all  orders  issued, 
which  shall  be  by  him  immediately  registered,  and  when  so 
registered  shall  be  paid  according  to  laM*  without  further  notice 
to  the  Treasurer  previous  to  the  time  of  payment. 

§  532.  If  any  person  holding  county  orders  shall  fail  to  pre-  p,r,ons 
sent  them  by  the  first  day  of  December  of  each  year,  to  the  oS/or- 
County  Treasurer  for  payment,  they  shall  be  postponed,  to  alUoprescn"" 
orders  which  were  so  presented  and  not  paid  for  want  of  funds.  ^''""■ 

§533.  On  the  iirst.day  in  December  of  each  year  such  Trea- osiers  not 
surer  shall  make  an  entry  of  all  orders  entitled  to  payment,  of'funur"' 
which  were  not  so  presented  for  payment,  and  what  orders  not 
of  equal  dignity  have  been  paid  instead,  in  Avhole  or  in  part,  and 
what  others  are  entitled  to  payment  before  such  non-presented 
orders.  Persons  holding  such  orders,  who  present  them  without 
receiving  their  pay  before  said  day,  may  have  the  Treasurer 
annually  to  mark  thereon  ''jjreseiited,''  the  day  of  presentation, 
and  not  paid  for  want  of  funds. 

§534.  All  county  orders  are  negotiable  by  delivery  or  endorse- ^^^^^  ^^. 
ment,    and   the   endorser   liable   according  to  the  terms  of  his  £jJ""^'^so'"- 
endorsement,  as  in  commercial  paper,  but  no  such  transfer  can "  "' 
take  place  so  as  to  prevent  a  Treasurer  from  setting  off  any  sum 
that  the  payee  may  be  due  the  county  at  the  date  of  the  order. 


§  535.  Such  Treasurer  is  forbid  to  buy  up  any  county  orders  Treasui 
r  claims  for  less  than  their  full  par  value,  either  by' himself fSu 


'  Treasurer 

or  Claims  tor  less  than  their  full  par  value,  either  by  hiniself  fS^sl  or- 
or  agents,  directly  or  indirectly,  or  by  paying  for  them  in  pro-crnt'"''" 
perty  at  an  estimated  value  above  its  true  value. 

§536.  If  any  County  Treasurer  shall  thus  buy  up  any  county 
order  or  claim,  or  refuse  to  pay  an  order  when  he  hasfuiids  to 
8 


114  PT.  1.— TIT.  r,.— CHAP.  4.— County  Okgakization. 


Article  1. — County  TreasurerB. 


bu^fn'^o'i?-'^  paj^the  same,  or  illegally  postpone  one,  he  shall  be  removed  from 
dere  at  a  dis- f)Q^^.g  ^^y^  compluint  and  proof  beinjr  made  to  the  Justices  of  the 

rount,  or  re-  i  i  r? 

^ng  to      Inferior  Court,  and  is  moreover  guilty  of  a  misdemeanor,  and  upon 

fonviction  shall  be  fined  not  less  than  ^100  nor  more  than  $500. 

The  Clerk         8  537.  If  auv  Clork  of  the  Inferior  Court  shall  fail  to  render  in 

failing  to  "  •      , 

render  a      at  tlic  tiuic  rcciuircd.  to  the  Conntv  Treasurer,  a  full  statement 

statement  to  ^  •  '      ^  _ 

thoTreas-    of  tlio  couutv  ordcrs  as  tliov  arc  passed,  (except  from  Providen- 
tial  cause  or  unavoidable  accident,)  he  is  guilty  of  a  contempt  of 
Court,  and  shall  be  iined  not  less  than  $100  for  each  failure;  and 
onednot      in  casc  sucli  Justiccs  tail  so  to  tine  such  (/Icrk,  he  is  also  guilty 
♦100.  of  a  misdemeanor,  and.  on  conviction,  shall  be  likewise  fined. 

Dutj-ofth.-  §  53S.  If  the  Clerk  is  unable  to  render  such  schedule,  or  fails 
the  fai'rurV"  SO  to  do  Ijv  tlic  cud  of  fivc  days,  it  is  the  duty  of  the  County 
to  make"-  Treasurer  to  examine  the  proper  books,  minutes  or  files  of  such 


mrns. 


Clerk,  and  take  therefrom  sucli  schedule,  and  on  failure  so  to  do, 

except  from  Providential  cause,  he  incurs  the  same  penalty  that 

the  Clerk  does. 

whentheof-      §539.  "When  the  Treasurer  and  the  Clerk  of  the  Inferior  Court 

urerand       are  tlic  samo  person,  separate  books  must  be  kept,  the  same  sep- 

Clerkishold  ,       .  -^  i  ,.  i  t>  mi  i  •»       /^i      i 

by  the  same  aratc  dutics  uiust  DO  pcriormed,  so  hir  as  possible,  and  it  a  Clerk 
who  IS  J  reasurer   is  removed  as  (Icrk,    it    works   liis  removal  as 
Treasurer. 
county  §  540.  Wlion  the  County  IVeasurer,  at  any  time,  fails  to  pay  any 

famng^to"^  order  wliicli  is  entitled  to  payment,  or  other  legal  demand  upon 
monoyt'^exe- him,  or  to  })ay  any  balance  that  may  be  in  his  hands  to  his  sue- 
te^ue.  ■  cessor,  or  to  the  person  entitled  to  receive  it,  the  Justices  of  the  sev- 
eral Inferior  Courts  may  issue  execution  against  him  and  his  sure- 
ties for  the  amount  due,  as  against  a  defaulting  Tax  Collector. 
County  §  5'il-  Iri  case  of  the  resignation,  expiration  of  the  term,  or 

muB?turn    rcmoval  from  office,  such  Treasurer,  or  if  he  is  dead,  his  personal 
succclw**    representative  must  state  his  accounts,  and  deliver  all  the  mo- 
**  *'   "^    ney,  books,  papers  and  property  of  the  county  to  his  successor,  as 
other  ofHcers  do,  who  must  report  the  same  immediately  to  the 
Justices  of  the  Inferior  Court. 
Final  settle-      §  542.  Whcu  such  Couuty  Treasurer,  or  his    representative, 
Wring  Treas- has  made  a  fair  and  full  statement  of  all  his  accounts  and  lia- 
^^^'  bilities  as  such,  an  exoneration  of  himself  and  sureties,  together 

with  the  details  of  such  settlement,  must  be  entered  on  the  min- 
utes of  the  Inferior  Court,  and  be  final  except  for  fraud. 

Note. — In  many  counties  the  Treasurer  is  elected  by  the  people — see  local  acts  aa 
to  each  county,  none  of  which  aro  included  in  this  Code,  or  repealed  by  itR  adoption, 
tmless  expressly  mentioned. 


FT.  1.— TIT.  6.— CHAP.  4.— CotmxY  Orgakization. 


115 


Article  2 — County  Surveyors. 


ARTICLE  II. 


COUNTY  sitrvp:yors. 


Section. 

543.  How  elected  &  removed  from  ofiice. 

544.  Failing  to  elect  at  the  regular  term. 

545.  Appointed  by  the  Court 
54G.  His  oath  and  bond. 

547.  May  be  removed  from  offico. 

548.  One  for  each  county. 

549.  ARsistant  must  take  an  oath. 

550.  May  keep  liis  oflTice  at  liis  residence. 


Section. 

551.  General  duty  of  County  Surveyor. 

552.  Fees  for  survey.s — how  paid. 
55.3.  Survey  mado  between  counties. 

554.  Charges  for  survcj's — how  contested, 

555.  Surveys  and  plats — when  [evidence. 

556.  "When  there  is  no  County  Surveyor. 

557.  Others  acting  as  County  Surveyors* 
i   558.  Making  false  survey — how  punished. 


§  543.  County  Surveyors  are  elected,  commissioned,  qualified  c<innt7  snr- 
and  removed  as  Clerks  of  the  Su]ienor  Courts  arc,  and  liold  tlicirckct^&a 
offices  two  years. 

§544.  In  case  there  is  a  failure  to  elect  ji  person  who  is  com- H" '^'l"*  ^ 

y    ^  _  ^  ekctatreg- 

missioned  and  qualified  at  the  rep;ular  time,  or  a  vacancy  occurs,  "^'^  *'™^- 
the  Justices  of  the  Inferior  Court  must  appoint  such  Surveyors, 
which  appointment  takes  effect  as  prescribed  in  the  case  of  Coun- 
ty Treasurers. 

§545.  If  a  County  Surveyor  derives  his  authority  from  ap- if  apixjinuxi 
pointment,  he  needs  no  commission  beyond  the  order  of  such  Jus-  uourt*ho 
tices  entered  on  tlieir  minutes,  of  which  appointment  the  Cover- Mmt^ssioa. 
nor  of  the  State  must  be  informed  by  their  Clerk  without  delay. 

§  546.  Before  entering  on  the  duties  of  his  office,  besides  the  iiis  oath, 
oath  required  of  all  civil  officers,  he  must  take  the  following: 

"  I, ,  swear  that  I  will,  to  the  best  of  my  skill  and 

knowledge,  discharge  the  duties  of  Surveyor  of county, 

and  that  I  will  not  admeasure,  survey  or  lay  out  any  land  in  my 
capacity  as  such,  or  knowingly  permit  or  cause  it  to  be  done, 
without  a  warrant  first  obtained  for  that  purpose.  So  help  me 
God."  He  shall  also,  at  the  same  time,  give  bond  and  security 
in  the  sum  of  one  thousand  dollars. 

§547.  Whether  appointed  or  elected,  besides  the  causes  of  re- May  i.o  re- 
moval, which  apply  to  all  officers,  he  may  be  removed  by  the  theTrusuoM 
Justices  of  the  Inferior  Court,  for  want  of  capacity,  on  the  same  rior  00^-^ 
proceeding  before  them  and  by  them  to  be  decided,  that  officei-s 
are  removed  in  the  Superior  Courts. 

§548.  There  must  be  one  for  each  county,  and  he  is  empow- Must  be  <»« 
ered  to  appoint  one  or  more  assistants  or  deputies,  for  whose  con-  wnnty. 

May  hnvo  an 
aMistant 


duct  he  is  responsible. 


116  PT.  1.— TIT.  6.— CHAP.  4.— County  Oegakization. 


Article  2. — County  Surveyors. 


Mast  take  an  §549.  When  siu'li  an  as^sistant  is  appointed,  lie  mnst  take  the 
(janie  oath  tlie  Surveyor  takes,  and  tlie  tact  of  the  appointment 
must,  at  the  same  time,  l)e  entered  <»n  tlie  minutes  of  the  Inferior 
Court. 

May  keep         ^  ijhO.  Tlie  ("ountv  Survevor  mav  keei>his  office  at  liis  place  of 

his  oflicc  at  .,.,"  ,..■.,  ' 

hisresi-       abode,  if  Avitnin  the  limits  (>i"the  cnuiitv. 

denct'.  '  _         . 

§551.   It  is  his  duty — 
The  duty  of      1.  To  puDetuallv  observc  aiul  ("irry  iulo  effect  all   such  ordei^s 
Surveyor,     as  lie  uiav  reccivc  from  the  Surveyor  General,  or  other  officer 
who  may  lawfully  command  him. 

2.  To  admea.surc  and  lay  off  dower,  to  partition  lands,  to  make 
re-surveys,  to  give  plats  of  all  surveys,  and  to  administer  all  oaths 
required  by  law  in  such  cases. 
Must  survey      8.  To  survcy  couuty  liucs  aud  district  liues,  or  other  surveys, 

county  and     .  i   •    i     i   •  i  .  i  ^  •        -,     ^ 

district  m  wliicli  his  couuty  may  be  interested,  whenever  required  by 
the  Justices  of  the  Inferior  Court. 

4.  To  execute  all  surveys  required  by  the  rule  of  any  Court  of 
competent  jurisdiction. 

Must  keep  a  5.  To  kccp  a  Well  bouiid  book  in  Mliich  shall  be  entered  plats 
of  all  surveys  made  by  him,  with  a  minute  of  the  names  of  the 
chain-bearers,  when  executed,  by  Avhose  order  and  to  whom  plat 
delivered,  if  any,  which  book  shall  belong  to  his  office,  and  be 
turned  over  to  his  successor,  and,  when  full,  shall  be  deposited  in 
the  office  of  the  Clerk  of  the  Inferior  Court. 

Fees  for  sur-      §  552.  Wlicu  survcys  ai'c  made  for  private  or  corporate  benefit, 

veys — how       i        /  •  .       i  •  'i   i  i 

paid.  the  tees  are  to  be  paid  by  tlie  person  or  persons,  or  corporation 

who  orders  the  survey,  when  by  order  of  the  Justices  of  the  In- 
ferior Court,  out  of  the  county  funds,  and  when,  by  rule  of  Court, 
unless  otherwise  agreed  upon,  they  are  to  be  taxed  in  the  bill  of 
costs,  and  shall  have  the  effect  of  a  judgment  lien  upon  the  land 
surveyed,  if  not  paid  by  the  party  bound  for  costs. 
Survey  be-  §  558.  Wlicii  a  survcy  is  made  by  agreement,  or  in  compliance 
ties.  with  the  law,  between  two  or  more  counties,  the  Ct)unty  Survey- 

or who  performs  the  survey  i;*  to  be  paid  by  his  county,  who  must 
collect  from  the  other  counties  their  proportion. 
Payment  of  §554.  If  after  a  County  Surveyor  has  made  a  survey  for  any 
fees— how  person,  who  neglects  to  pay  him,  such  Surveyor,  upon  making 
oath  before  the  Clerk  of  the  Inferior  Court  of  his  county  of  the 
performance  of  such  ser\'ice,  and  its  value,  such  Clerk  shall  issue 
a  Jl'.  fa.,  in  the  name  of  the  Justices  of  the  Inferior  Court,  for 
tlie  use  of  such  Surveyor,  against  such  defaulter,  who  may  defend 


enforced. 


PT.  1.— TIT.  6.— CHAP.  4.— County  Organization. 


117 


Article  3. — County  Surveyors. 


himself  therefor,  in  the  same  manner  as  persons  ap::ainst  whom 
executions  issue  who  detain  county  funds. 

§555.  Surveys  or  plats  of  land  made  by  the  County  Survey- surveys  or 
or,  under  order  of  Court,  and  on  notice  to  all  the  parties  of  when"evi^° 
lands  within  his  county,  signed  by  him  officially,  and  stating* 
the  contents,  courses,  distances,  of  any  land  surveyed  by  him, 
are  presumjitive  evidence  of  the  facts,  if  all  the  requisites  of  the 
law  touching  such  surveys  and  the  reports  thereof  are  complied 
with. 

§550.  When  there  is  no  Countv  Siirvevor  anv  competent  per- when  there 

.    .  .1  '  .  '  1   .       1  *     .  1  .    is  no  County 

son,  a  citizen  ot  the  countv,  mav  iKn-tonn  his  duties,  when  siieci- surveyor, 

■  '  ,  ...  who  way 

ally  required,  if  first  sworn  to  do  the  same  skillfully,  faithfully,  "ct. 
and  impartially,  to  the  best  of  his  knowledge,  or  in  default  of 
such  person  the  County  Surveyor  of  any  adjoining  county  may 
officiate. 

S  557.  Persons  performing  such  service  are  on  the  same  footing  Persons  act- 

""  .  .  ■"    ing  as  Coun- 

as  Countv  Surveyors  as  to  the  special  service  rendered,  and  are ty surveyor 

^  ■  ^  ^  liable  as 

personally  liable  as  such  Surveyors  are  officially.  such. 

§558.  When  any  County  Surveyor,  or  other  person  acting  as  False  survey 
such,  has  knowingly  surveyed  land  as  vacant  land  which  is  not, 
or  so  made  any  other  false  survey,  he  is  guilty  of  a  misdemeanor, 
and  on  iiidictnieiit  and  conviction,  shall  be  imprisoned  not  longer 
than  six  months. 


and  penalty. 


AKTICLE  III. 


COROXKRS. 


Section'. 
r>67.  May  disinter  dead  bodies. 
568.  Subject  to  indictment. 
5G9.  Inquest  unnecessary  in  certain  cases 
r)70.  Deatli  by  accident,  &c. 
r)7l.  Costs  paid  out  of  couTity  funds,  &c. 
r)72.  On  conviction,  co.'^ts  a  part  thereof. 
513.  Justice  of  the  Peace  mav  act.  Ac. 


Section. 

559.  How  elected  and  removed  from  office. 

560.  Justices  Inferior  Court  may  appoint. 

561.  Coroner's  oatli. 

562.  Must  give  bond  and  surety. 

563.  Additional  surety  may  be  required. 

564.  Jailor,  when  Sheriff  is  miprisoned. 

565.  Shall  serve  process  in  certain  eases. 
56(1.  Sliall  hold  inquests  in  certain  cases. 

§550,  Coroners  are  elected,  commissioned,  qualitied  and  re- coroners— 
moved,  as  Clerks  of  the  Superior  Courts  are,  and  hold  their  offi-  and  remoy- 
ces  for  two  years. 

§560.  The  Justices  of  the  Inlbrior  Courts  appoint  Coroners, 
on  the  same  terms  and  in  the  same  manner  that  they  do  County 


118  PT.  1.— TIT.  6.— CHAP.  4.— County  Organization. 


Article  3. — Countv  Coroners. 


Most  g\yo 
bond  and 
■uretj. 


th°e  i^erfJr  Survejors,  and  wliich  appointments  take  effect  as  those  of  Coun- 

^tSn^    ty  Treasurers. 

Coroner'*         >^  ^Cl.  Before  entering'  on  the  duties  of  liis  oilice,  besides  tho 

Mth.  •  . 

oath  required  of  all  civil  officers,  he  must  take  the  following: 
"  I  swear  that  I  will  well  and  truly  serve  the  State  of  Georgia  in 
said  ottice,  and  will  iaithfully  and  truly  execute  all  writs  and  pre- 
cepts to  me  directed,  or  which  I  may  lawfully  execute,  when 
placed  in  my  charge,  and  return  the  same  according  to  the  best 
of  my  knowledge,  skill,  and  judgment;  that  I  will,  in  no  case, 
knowingly  use  or  exereise  my  oHice  illegally,  corruptly^  or  un- 
justly, and  that  I  will  not,  under  any  pretence,  take,  accept,  or 
enjoy,  any  fee  or  reward  pertaining  to  my  office,  other  than  such 
as  are  allowed  by  law,  but  that  I  will,  in  all  things  touching  the 
duties  of  my  ollice,  demean  myself  honestly,  fairly  and  impar- 
tially, according  to  the  best  of  my  al)ility.     So  help  me  God." 

§502,  lie  nnist  likewise,  at  the  same  time,  give  bond  and 

surety  in  the  sum  of  live  hundred  dollars,  which  may  be  for  a 

greater  or  less  amount,  according  to  the  local  law  now  or  liereaf- 

Liabieas      ^^^  ^"  forcc.      lie  is  liable  for  retaining  monies  collected,  or 

Sheriffs.       otherwise  failing  to  do  his  duty,  ;is  Sheriffs  are,  and  are  subject 

to  the  same  proceedings. 
Additional        §  5()3.  When  a  Coroner  has  to  act  in  the  place  of  a  Sheriff, 

bond  may  1 0  ,,  ,,,  it-  'it'-z-^ 

required,  generally  or  specially,  the  Justices  oi  the  Interior  Court  may  re- 
quire of  him  an  additional  bond,  in  such  sum  and' with  such  sure- 
ties as  in  their  discretion  they  may  think  sufficient  to  meet  the 
contingency. 

Keeper  of  §  •^>*'^-  Hc  is  kcepcr  i)f  the  Jail,  v/hon  the  Sheriff  is  imprison- 
*~^  '^°'ed  or  absent  from  the  county  leaving  no  deputy. 

Shall  Bcrvp       §  5G5.  Whcii  a  Sheriff  is  disqualified,  and  it  does  not  appear 

^whAtMMs!  upon  the  face  of  the  ])rocec(lings,  or  he  or  his  deputy  refuses  to 
perform  a  service,  if  any  person  makes  affidavit  thereof,  the 
Clerk  of  the  Court  irom  Avliich  it  issues  shall  place  the  process  in 
the^hands  of  the  Coroner  for  execution,  and  may  compel  its  re- 
turn to  his  office  for  such  purpose. 

Shall  hold         §560.  It  is  the  duty  of  the  Coroner  to  take  inquests — 

whaT^l"      1.  Of  all  violent,  sudden,  or  casual  deaths. 

2.  Of  all  deaths  in  prison,  Avithout  an  attending  pliysiciau. 

3.  Of  all  dead  bodies  found,  v.liether  of  persons  known  or  un- 
known. 

4.  Of  all  dead  bodies  oi'  persons  who  have  died  or  disappeared 
under  suspicious  circumstances. 


PT.  l.-TIT.  6.-CHAP.  4.-C0UNTY  Okganization. 


119 


Article  1. — County  Coroners. 


5.  Of  the  dead  bodies  of  persons  of  whom  affidavit  may  be 
made,  that  tliey  came  to  their  death  hy  violence  or  foul  play. 

G.^Wlienever  ordered  by  a  Court  haVing  criminal  jurisdiction. 

§567.  They  are  authorized,  in  order  to  carry  into  effect  the  Mav disinter 
preceding  section,  to  disinter  any  body  already  buried,  and,  like '"' '"''"• 
a  Sheriff,  to  command  tlie  power  of  the  county  for  that  pm-pose. 

§568.  If  any  person  makes  affidavit  to  facts  to  authorize  such  Person  mat 
proceeding  by  the  Conmer,  or  the  Coroner  does  so  of  his  ownluf-irn'r;" 
motion,  and  it  is  done  without  good  grounds,  or  from  malice  or '"'^''*'"'°*" 
mischief,  the  pin-son  so  swearing,  or  the  Coroner  so  officiating,  is 
subject  to  indictment,  and  if  convicted  shall  be  fined  iiotTess 
tlum  one  liundred  dollars  and  imprisoned  not  less  than  tliirty 
days.     In  suc^h  cases  all  the  circumstances  shall  go  to  the  jury  «onThIn"b. 
and  if  they  believe  there  were  reasonable  grounds  for  the  disin-^'^Sson'ld. 
terment  at  the  time  it  took  place,  it  is  their  duty  to  acquit. 

§  569.  When  persons  have  come  to  their  dcatli  by  violence,  and  An  inquest 
tJiere  are  witnesses  to  it,  and  the  person  accused  is  under  arrest  "°"''<^''«^'7. 
and  undergoes  an  examination  befor(>  a  competent  tribunal,  tliere 
need  not  be  an  inquest. 

§57().  Tliere  also  need  be  no  inquest  where  persons  come  to  Death  by  a. 
tlieir  death  by  a,-(ndent  or  act  of  God,  in  presence  of  witnesses,  a1^^;r/G:;r 
and  there  is  no  reason  to  suspect  foul  play,  and  no  person  makes 
affidavit  ot  tacts  raising  such  suspicions. 

§571.  The  (;osts  of  such  inquest  shall  be  paid  out  of  the  coun- cost  t„  b« 

ty  funds.  paid  by  the 

*?rTo       r+'  •  county. 

^    ^oi^.  n  any  person  is  convicted  of  murder  or  manslaughter  if  the  party 
in  a  case  where  an  inquest  has  been  held  over  the  bodv  of  theconvfct^^ 
person  for  slaying  whom  he  is  convicted,  the  costs  of  the*  inquest -^eTpart 
makes  a  part  of  the  costs  of  the  conviction,  and  must  be  so  virion?"" 
charged. 

§573.  When  there  is  "o  Coroner  in  a  county,  or  he  is  absent  a. mst.oo of 
from  the  county  wlien  needed,  or  uill  not  or  cannot  take  an  in-t^^'^cr 
quest,  any  Justice  of  the  Peace  of  the  count v  mav  act  as  (^uro- 


ner. 


120 


i*T.  1. — TIT.  Ck — CHAP.  5. — CoiNTY  Organization. 


Article  1. — Public  Roads. 


CHAPTER  V. 

ROADS.  BRIDGES,   FERRIKS,  TURXPIKHS.  CAUSEWAYS.  CROSSINGS,  &c. 

Akticlk  1.  Public  Roads. 

Aktici.k  2.  Road  Coininissioners  and  their  Duties. 

Articlk  3.  Bridges,  Ferries,  Turnpikes  and  Causeways. 

Aeticle  4.  Railroad  Crossings. 

Article  .">.  I'rivate  "Wars. 


ARTICLE  I. 


PUBLIC  ROADS. 


Section. 

574.  What  roads  are  considered^ public. 

575.  Shall  be  thirty  feet  wide. 

576.  Bridges  it  Causewaj-s  IG  feet  wide. 

577.  Districts  laid  out,  &c. 

578.  Roads  &  Districts  to  be  registered. 

579.  How  laid  out  or  altered. 

580.  Notice  of  application  advertised,  &c. 

581.  Holders  of  land — how  notilicd. 

582.  Roads  estal)li.slied,  &c. 

58.3.  Application  mu.'^t  be  in  writing. 

584.  Laid  out  the  nearest  and  best  way. 

585.  Persons  subject  to  road  duty. 
What  roads  to  be  worked. 
Number  of  days  required  to  woriv. 
List  of  hands  to  be  furnished. 
Must  be  summoned  one  day. 

590.  Wliat  the  notice  must  contain. 

591.  Duty  of  the  overseer. 

592.  Sudden  olistriietions  in  roads. 

593.  Special  workmg  to  be  deducted. 

594.  Defaulters  fined  one  to  tliree  dollars. 

595.  Extraordinary  implements. 

596.  Road  may  be  apportioned. 

597.  Persons  to  whom  road  apportioned. 

598.  Applicant  refusing  to  accept. 

599.  Failing  to  work  after  acceptance. 

600.  Complaint  against  Commissioners. 


586. 
587. 


589. 


Section. 

601.  Defaulters  may  file  excuse. 

602.  Executions  against  delaulters. 

603.  Fine  money — how  appropriated. 

604.  Constables  collecting,  &c. 

605.  Lien  of  fi.  fa. 

606.  Timbers  used  for  road  purposes. 

607.  Public  roads  measured  and  posted. 

608.  Sign  boards  to  be  put  up  at  forks. 

609.  Failure  to  put  up  posts,  &c. 
GIO.  Overseer  mav  be  indicted. 

Gil.  Railroad  hands — how  exempted. 

G12.  Land  owners  aggrieved,  kc. 

GL'i.  Persons  claiming  damages.  <tc. 

614.  Trial — how  conducted. 

GI5.  Notice  to  Justices,  &c. 

GIG.  The  time  and  place  of  meeting. 

C 17.  Objections  to  jurors. 

GIS.  Continuances,  &c. 

619.  Mis-trial. 

G20.  Certiorari. 

621.  Final  judgment  and  payment. 

622.  Value  of  the  land — how  estimated. 

623.  Consequential  damages. 

624.  Overseer  ma}'  be  fined. 

625.  Altering  or  obstructing  imblic  roads. 

626.  By  a  fence  or  tree. 

627.  Main  streets  in  towns  or  cities. 


Public  rends  §574.  All  rouds  laid  out  for  public  use  by  an  act  of  the  Gen- 
eral Assembly,  if  not  otherwise  provided,  or  by  an  order  of  the 
Justices  of  the  Inferior  Court,  are  declared  to  be  public  roads. 


PT.  1. — TIT.  6. — CHAP.  5. — County  Organization.  121 


Article  1. — Public  Roads. 


S  575.  They  shall  be  cleared  of  all  trees,  stumps,  grubs  and  shaii  be 
bushes,  at  least  thirty  feet  wide,  and  of  such  limbs  of  trees  as  wide. 
may  incommode  horsemen  or  carriages;  stumps  must  be  cut  as 
nearly  eycii  with  the  surface  as  possible,  and  the  carriage  track 
must  be  at  least  iive  feet  six  inches  wide. 

S57(».   All  bridges  or  causeways  oyer  small  water  com-ses,  andBiidges  and 

C  &  •  .      causeways. 

causeways  oyer  swamps  or  low  lands,  sliall  be  nuide  and  kept  in 
repair  by  hands  subject  to  work  on  roads,  the  pieces  shall  be  laid 
across  the  road  at  least  sixteen  feet  long,  well  secured,  made  fast,  ^^''^",1^'^'^^'''" 
and  covered  with  earth.  '"'''"• 

§577.  The  Justices  of  the  inferior  Court   must  lay  off  their  i:ond  dis- 
respective  counties  into  road  distncts,  and  apportion  the  roads  and  hands 
and  hands  so  as  to  divide  the  labor  and  expense,  on  account  of 
roads,  causeways  and  bridges,  c<pndly  throughout  said  counties, 
all  of  wliich  proceedings  must  be  entered  on  the  minutes. 

S578.  Tliev  nnist  cause  their  Clerk  to  keei)  registered  in  a  I'uWic  ro.^d8 

o  .  i  o  ^        ^  and  road  diB- 

book  in  his  office  a  list  of  all  public  roads,  and  road  districts, »"«;» to  be 

1  '  _        ■  registered. 

in  the  county,  to  be  added  to  and  corrected  from  time  to  time 
as  new  roads  or  new  districts  are  laid  out  or  old  ones  altered  or 
discontinued. 

§57'.'.  On  application  to  them  for  any  new  road,  or  alteration  pumic  roads 

.  11  .  ,         ■  .      .  —how  l-iid 

in  an  ctld  rojid,  they  shall  appoint  three  road  commissioners,  re-ontorai- 
siding  as  near  where  such  road  is  intended  to  pass  as  possible, 
and  if  they  iind  it  of  public  utility  they  must  proceed  to  mark 
it  out,  aiul  make  their  report  under  oath  to  sudi  Justices,  that  it 
was  laid  out  and  marked  conformably  to  law. 

§58(1.  If  such  Justices,  on  the  investigation  had,  are  willing  Notice  of  ap- 
to  grant  such  road,  or  make  alteration  in  an  old  road,  they  shall  "mst  be  ad- 

*^  '  1  .'  vertised  for 

cause  the  Clerk  to  publish  a  citation  for  thirty  days  at  the  door  t'li'-ty days. 
of  the  Court  House,  and  in  a  public  gazette,  if  there  is  one  in 
the  county,  giving  a  particular  description  of  the  new  road,  or 
the  alteration,  notifying  all  })ersoiis  that  on  and  aiter  a  certain 
day  therein  named,  said  new  road  or  alteration  will  be  iinally 
granted,  if  no  good  cause  is  shown  to  the  contrary. 

§581.  All  persons,  their  oAcrseers  or  agents,  residing  on  land  persons  in 
which  such  road  goes  through,  excei)t  the  applicants  for  the  road  be  notified, 
or  alteration,  must  be  at  the  same  time  notified  in  writing,  per- 
sonally or  by  lea\  ing  it  at  their  most  notorious  place  of  abode, 
that  they  may  }»nt  in  their  claim  for  damages  or  forever  after  be 
estopped. 


122  FT.  1.— TIT.  6.— CHAP.  5.— County  Organization. 


Article  1. — Public  Roads. 


Voidroada.       §582.  All  pubHc  roads  established  witbout  a  substantial  com- 
pliance with  the  provisions  of  the  last  named  sections,  are  void. 
Application       SnSo.  Aijplicutions  I'or  tlic  discontinuance  of  un  old  road,  in 

must  bo  in  _   ^  •*  _        '      _ 

rrrniufc.       wliolo  ov  iu  part,  uiust  likcwisc  be  made  to  such  Justices  in  wri- 
ting, and  likewise  published  before  it  shall  take  effect. 
Mnstbciaid      §584.  All  public  roads  shall  be  laid  out  the  nearest  and  best 

ont  tho  near-  ,.  i-ii  ii  iti 

C8t  and  best  way  to  the  i)iace  to  which  they  are  intended,  and  as  little  as  can 
be  to  the  prejudice  of  any  private  person's  enclosed  grounds. 
-•PeraoMSttb-^V  §585.  All  whit^  male  inliabitaiits  between  the  ages  of  sixteen 
V)  roaiflnty.^ /and  torty-uve,  aJl  tree  male  negroes  and  male  slaves  not  under 
>T  V/    .  v/  siixteen  nor  exceeding  sixty  years  of  age,  are  subject  to  work  on 
Vr   \;^  /    the  public;  roads,  except  sucli  as  are  specially  exempted. 
On  what  §  ^'^^-   1'^'^  same  road  hands  shall  not  be  compelled  to  work  on 

compe'iT.'d'ro  niore  than  one  public  road,  which  must  come  within  three  miles 
of  their  residence,  except  in  opening  a  new  road,  wdien  all  the 
road  hands  of  the  road  district  are  subject  to  work  upon  it. 
Notrequired      §^^7.  JiOad  liauds  are  not  recpiired  to  work  exceeding  rive 
moTeUian    days  at  one  time  consecutively,  nor  more  than  fifteen  days  alto- 
"^'^     getlier,  in  twelve  months,  unless  sudden  emergencies  require  the 
immediate  repairing  of  the  roads,  causeways  and  bridges  within 
their  respective  districts. 
A  list  of     /     §588.  The  several  owners,   managers  or  employers  of  male 

hands  to  bo'    ,  i      n         i  •        i     ,.         ■   i       i  i-   ii         t 

.^  ^furnished.  ,  slavcs  shall,  wheiicver  required,  hiruish  the  overseers  ot  the  dis- 

V  trict  with  a  list  of  them  in  writing,  who  are  liable  to  work  on 

^   Penalty  for  the  j)ul)lic  I'oads,  sigucd  by  them,  under  a   penalty  of  paying 

JJ^    '     '"^''       three  dollars  for  each  male  slave  so  liable  to  road  duty  and  whose 

^  names  are  not  furnished,  to  be  collecrted  as  lines  for  not  working 

the  road. 

Hands  to  bo      §*'^^*>^*-  Ovci'seers  of  roads  in   their   respective   districts   shall 

ono'day.''^    sumiiion  all  persons  liable  to  road  duty,  within  the  district,  at 

least  one  day  before  the  time  of  working. 
What  the         §590.  Sucli  summoiis  uiust  statc  tlic  road  to  be  worked,   the 

noiico  must     .  ii^-  •  ii-i  •! 

contain.       time  aiul  place  tor  meeting,  and  the  implements  required. 
oversccT-       §591.  SiKtli  (jverseei's  shall  superintend  the  working  on  the 

his  duty.  i  •  i     i  ,  i  •      .  ,  i 

iNKids  assigned  them  by  the  commissioners,  cause  the  same  to  be 

worked  and  rei)aired  in  the  best  i)ossible  manner,  and  make  a  re- 

Ucfftuiteri.    turn  thereof  to  the  (;ommissioners  in  writiui;  within  live  days 

to  bo  ro-  t5  J 

turned.        after  each  time  of  w oi-king,  of  all  defaults  and  deficiencies  which 

may  have  taken  j)hu'e. 
»n°d*deniybo-      §592.   Wlieii  auy  road  or  bridge  or  causeway  may  become  sud- 
^i^bfe!'"    denly  impassable,  it  is  the  dutv  of  such  overseer  to  call  out  as 


PT.  1.— TIT.  6.— CHAP.  5.— County  Okganization.  123 

Article  1. — Public  Roads. 


many  hands  as  necessary  to  repair  the  same  after  giving  one  day's 
notice, 

§593.  They  shall  take  notice  of  the  time  such  hands  are  em-Timoofspe- 
ployed  on  such  special  workings,  and  shall  excuse  them  from  road  to  bo'^do-'"^ 
duty  an  equal  number  of  days  out  of  the  whole  number  all  hands 
,  are  required  to  work  during  the  year. 

§  594.  Every  individual,  by  himself  or  slaves,  liable  to  road  ncfauiters 
duty,  who,  being  duly  summoned  to  work,  shall  neglect  to  obey  «"'  'e^s  than 
j  such  summons,  and  to  carry  the  implements  as  ordered,  or  ap-  ^i^^"  $3. 
I  pearing   with   or  without  the  implements,  neglects  or  refuses 
faithfully  to  work,  forfeits  not  less  than  one,  nor  more  than  three 
;jiollars  for  each  hand  for  every  day  he  or  they  fail  to  work. 

§595.  If  any  other  instrument  than  ordinary  farming   tools  Extraordi- 

,'     -1  .1  -,   .  •       ,1  .        nary  imple- 

are  necessary  to  keep  the  road  in  repair,  the  overseer  may  receive  menta— how 
them  in  exchange  for  the  labor  of  hands,  or  may  apply  to  the 
Justices  of  the  Inferior  Court,  who  may  authorize  him  to  con- 
tract for  such  as  may  be  necessary,  and  pay  for  the  same  out  of 
tlie  County  Treasury. 

§590.  Wlien  a  person  liable  to  road  duty  makes  an  applica- pubiic  roads 
tion  to  the  Road  Commissioners  for  a  proportion  of  road  for  him-  PdoneTto 
self  and  hands  to  work  on  and  keep  in  repair,  they  shall  parcel '''''*''*^** 
off  to  each  applicant  some  etpial  and  just  portion  of  said  road,  to 
be  increased  or  diminished,  according  to  the  number  of  hands, 
and  to  be  judged  of  by  the  commissioners. 

§  597.  Persons  to  whom  portions  of  roads  are  thus  apportioned.  Duty  ofper- 
must   make   annual   returns   to  their  respective  commissioners,  rp,>rti<>n"o"f 
whenever  they  require  them,  of  the  number  and  names  of  their  "ork?"'^  ^ 
hands  liable  to  road  work,  and  after  they  have  received  and  put 
in  good  repair  their  respective  portions,  such  hands  shall  not  be 
transferred  to  any  other  part  of  the  road,  or  compelled  to  do  any 
other  road  work,  so  long  as  they  perform  their  work  satisfactorily 
t-o  the  commissioners. 

§598.  It' the  applicants  do  not  accept  the  portion  of  road   as- Persons  re- 
signed tliom  by  the  commissioners,  they  must  still  work  in  com-c"pt"fpor^*'' 

•,■!     ,^  .1  1  1         ,.  ,1      .  •■    , .        .  tion  ot  such 

mon  with  tlie  other  hands  ot  their  road  districts.  roads. 

§599.  If,  after  having  accepted  such  portions,  tliey  neglect  to  Penalty  for 
keep  tliem  in  good  repair,  they  are  liable  to  all  the  penalties  andkeopfuch 
forfeitures  to  whicli  commissioners  are  liable  for  neglect  of  duty,  ^"""*"  "^ 
besides  the  usual  road  fines  on  the  hands. 

§600.  If  such  commissioners  assign  any  person  a  portion  ofcompiamt 
road  thus  to  work,  which,  taking  into  consideration  liis  niimbei 


airainst  com- 
missioners. 


124  PT.  1.— TIT.  6.— CHAP.  5.— County  Oroaotzation. 


Article  1. — Public  Roads. 


of  hands  as  compared  to  the  number  liable  to  do  road  duty  on 
such  road,  is  not  an  equal  share  of  the  labor,  any  white  male 
road-worker  of  tlie  same  road  and  district,  may  complain  to 
the  Justices  of  the  Inferior  Court  at  any  time,  and  on  giving  such 

Three  days'  persou  tlircc  days'  notice  thereof  in  writing,  such  Justices  may 
summarily  hear  all  the  evidence,  and  if  they  believe  the  com- 
plaint is  just,  they  shall  revoke  sucli  grant  by  the  commissioners, 
and  so  have  them  instantly  informed  by  their  Clerk. 

Pefanitors        8  601.  All  defaulters  must  file  their  excuses,  if  anv,   on  oath 

may  file  ex-        "^  _      ^  .       . 

cuse,  before  the  commissioners,  who  must  meet  at  some  place -within 

the  district  for  fining  defaulters,  of  M'hich  ])lace  of  meeting  they 

doners  must  shall  givc  tcu  davs'  uoticc,  in  writing,  at  one  or  more  of  the  most 

dayVnotice.  P^il'lic  placcs  in  the  district,  and  no  other  notice  shall  be  neces- 
sary. 

Kxecntions  •    §  Q()2,  Sucli  commissioners  must  issue  executions  under  their 

against  ue-  o 

fauiters.  haiids  and  seals,  against  all  defaulters  who  fail  to  render  a  good 
excuse,  directed  to  any  lawfnl  Constable,  who  shall  levy  and  col- 
lect the  same  as  executions  issued  from  the  Justices'  Courts. 

Fines— how      8  603.  When  such  ii.  fas.  are  collected  within  ten  days  there- 
disposed  of.        "  .  .     . 

after,  the  amounts  must  be  paid  to  any  one  of  the  commissioners, 

one-half  of  which  shall  l)e  paid  to  the  overseer  having  had  charge 

of  the  hands  lined  ;  the  other  half  to  the  County  Treasurer,  to  be 

used  in  the  building  or  repairing  of  bridges. 

Constables        §  604.  If  Coustablcs  ueglect  their  duty  in  collecting  such ^f. /as., 

ruled.       i  or  fail  to  pay  over  the  money,  they  are  subject  to  rule  and  suit 

^-  I  at  the  instance  of  su(rh  commissioners,  as  though  tlmji.  /'as.  had 

/issued  from  a  Justices'  Court. 

Lien  of  com-      8  605.  The  licus  of  such  iudgments  are  the  same  as  any  other 

missioncrs'     .      "  i      i     .  't     "^  i      .  .       .  .  ,  ^.        .-, 

judgment,  judgment,  and  claim  according  to  tlieir  ])riority  m  the  distribu- 
tion of  mc^ney,  except  that  no  property  is  exempt  therefrom,  and 

ci!am.'""^  ""^  if  illegalities  or  claims  are  interposed,  they  must  be  returned  as 
though  issued  from  a  Justices'  Court,  in  which  the  road  district 
is  situated  in  Avhole  or  in  part. 

Timbers  §606.  Oversccrs  are  authorized  to  make  use  of  anv  tiinl)ers  for 

may  be  used.    ,  ^    ,  ,  , 

the  use  oi  the  roads,   and  may  make  contracts  witli   owners  ot 


land  for  other  timber,  if  indispensal)le,  and  if  they  disagree  as  to 
the  value,  the  overseer  shall  appoint  one  arbitrator  and  the  owner 
another,  who,  M'itbout  furtlier  formality,  shall  assess  the  value, 
Jo™i\mr^'^  and  if  they  disagree,  to  (tall  in  an  umpire,  whose  decision  is  final, 
pafrtorin''  the  valuatioii  so  awarded  must  then  be  reduced  to  writing,  and 
signed  by  the  arbitrators,  and  upon  the  production  of  the  same. 


certain 
cases. 


PT.  1. — TIT.  0. — CHAP.  5.— County  Okganization.  125 


Article  1. — Public  Roads. 


with  a  certificate  of  the  overseer,  that  he  used  the  timber  as- 
sessed, must  be  allowed  by  the  Justices  of  the  Inferior  Court, 
and  paid  out  of  the  County  Treasury. 

§()0r.  They  shall  measure  all  that  part  of  the  road  to  which  Koads  to  bo 
they  may  be  appointed,  beginning  at  the  Court  House,  and  at  ""'"'"'■"''• 
the  end  of  each  mile  set  up  a  post  or  mark  on  some  consi)icuous 
place,  which  shall  designate  the  number  of  miles  from  thence  to 
said  Court  House,  and  the  overseer  in  the  next  adjoinino-  district 
shall  likewise  begin  to  measure  and  mark  at  the  last  mile  post  ^^"M'osts 
in  the  district  thus  measured;  but  when  such  district  shall  end  at'"''^"*^" 
some  county  line  he  shall,  by  some  post  or  mark,  designate  the 
distance  from  such  county  line  to  their  respective  Court  Houses. 

§  608.  ^  They  shall,  at  the  fork  of  each  public  road,  place  in  some  sign-boar,K 
substantial  and  conspicuous  manner  a  board  or  other  mark,  desig- 
nating thereon  the  most  public  place  to  which  each  road  directs, 
and  if  any  road  is  altered  so  as  to  make  the  fork  at  some  other 
place,  or  as  not  to  make  necessary  such  sign-boards,  they  shall  be 
removed  and  replaced,  or  either  if  necessary. 

§  GOO.  If  any  overseer  fails  to  comply  with  the  provisions  of  the  overseer 
two  immediately  preceding  sections  he  forfeits  not  exceeding  fifty  [ip  Sts  ^ 
dollars,  to  be  imposed  and  collected  as  other  fines  against  him.     ^'""'^^^ 

§610.  If  any  overseer  omits  to  do  his  duty  with  respect  to  thcovcrsoer 
roads,  bridges,  and  causeways  under  his  charge,  for  as  much  as  Ms"^^ty? '^'^ 
thirty  days  from  tlie  time  the  necessity  for  any  immediate  work 
occurs,  unless  hindered  by  extreme  bad  weather,  or  other  Provi- 
dential cause,  he  shall  be  indicted  for  a  misdemeanor,  and  on  con- dicrod."* '" 
viction  shall  be  fined  or  imprisoned,  at  the  discretion  of  the 
Court,  and  is  also  liable  for  all  damages  at  the  suit  of  any  person  LiaWo  for 
injured  by  such  omission.  damages. 

§611.  Hands  liable  to  road  work,  employed  as  laborers  on  ther.aiiroad 
line  of  any  Eailroad  of  this  State  belonging  to  an  incorporated  ein'lln'y ' 
Company,  or  by  any  contractors  constructing  Railroads,  are  ex-  {ht' dlfy.*^"*^'^ 
empted  from  work  on  the  public  roads,  provided  the. public  road 
overseer  having  charge  of  them  respectively  are  j^aid  one  dollar 
per  day  for  each  hand  so  liable,  which  money  shall  be  expended 
in  hiring  hands  to  work  on  the  roads. 

§612.  When  any  person  shall  feel  aggrieved  by  any  road  pro- L.,nd  houi- 
posed  to  be  laid  out  through  any  of  his  land,  unless  otherwise  oS-h^w7e: 
provided  in  the  Charter  thereof,  or  some  special  law,  he  may  pe- '"""°°"'' 
tition  in  writing  the  Justices  of  the  Inferior  Court,  either  of 
whom  shall  direct  their  Clerk  to  issue  a  warrant  under  his  hand. 


dressed. 


t26  FT.  1.— TIT.  6.— CHAP.  5.— County  Organization. 


Article  1. — Public  Roads. 


Trial  by  ju- 
ry- 


directed  to  the  Sheriff  of  the  county,  to  summon  from  the  vicin- 
age a  jury  of  freeholders  to  try  sucli  question  of  damage,  who  &\ial\ 
be  sworn  by  some  Justice  of  the  Peace  to  truly  and  impartially 
assess  any  damage  the  owner  will  sustain  by  means  of  such  new 
or  altered  road,  and  said  Justice  shall  preside  over  their  delibera- 
tions. 
Incompcten-      8  613.  No  pcrsou  is  competcut  as  a  iuror  who  claims  any  dam- 
age  of  tlie  county  or  person  lor  tlic  same  or  any  similar  road,  or 
who  would  bo  disqualified  if  the  trial  was  before  the  Superior 
Court. 
Trial— how       ^  (jl4-.  Tlio  iurv  sluUl  iuspcct  the  road  and  land  in  person,  un- 
less  already  familiar  witJi  them,  and  swear  any  witnesses  that  the 
owner  or  any  person  on  the  part  of  the  county  may  offer,  as  to 
their  opinion  of  the  damages  sustained, 
jnsticcs  and     §  615.  The  Sheriff  shall  notify  the  Justice  of  the  Peace  and 
missioncrs    the  Road  Commissioners  of  the  district  where  the  road  lies,  and 
<?d.  the  owner  of  the  land,  the  day  and  place  of  trial,  and  shall  no- 

♦Ts^andTit-  tify  to  attend  then  and  there,  as  witnesses,  any  persons  he  may  be 

nesBes  to  be         "  ,     ,   ,      ,  i  .      •  .  i 

notified.      requcstcd  to  by  siicli  commissioners,  or  the  owner. 

Sheriff  shall     §  616.  Hc  shall  fix  the  time  and  place,  the  time  not  less  than 

prace^f  "^^  five  nor  more  than  twenty  days,  and  the  place  as  near  the  land 

meeting.      _^^  ^^^^  propcr  housc-room  can  be  obtained. 

Objections        §  617.  At  the  trial  any  person  in  interest  may  object  to  the 

to  jurors.  ^  ,.  ,,  .  "^    ,  i   •  ,•  f  ^i  •       *  ii 

empanehng  of  any  juror  for  cause,  and  n  from  tins  or  any  otfier 

cause  there  are  not  twelve  jurors  empaneled    and  sworn,  the 

Sheriff  must  proceed  to  procure  talcs  jurors. 

Trial  may  be      §618.  The  trial  iiuiy  be  postponed  or  continued  from  day  tc» 

po6  pone      ^^^^  until  completed,  and  if  the  Justice  of  the  Peace  summoned 

Justice  fail-  to  attend  should  fail  to  preside,  the  Sheriff  must  supply  the  va- 

Ing to  attend  .  ^  .^  ^-    .    •    . 

cancy,  if  necessary,  from  some  other  district. 
Mis-triaL         §  ^l'^-  I^'  ^  mis-trial  occiirs.the  Sheriff  shall  proceed  de  novo  to 

summon  other  jurors,  and  all  the  proceedings  shall  be  as  at  first, 

and  so  on  until  there  is  a  verdict. 
Certiorari       §  ^^0.  Tlic  judgment  in  such  cases  may  be  certioraried  by  the 

county  or  the  owner  of  the  land,  as  in  certiorari  from  forcible 

entry  and  detainer  trials,  and  if  a  new  trial  is  ordered,  they  shall 

proceed  to  procure  a  trial  as  previously. 
Final  judg-       §  ^^^-  When  sucli  judgment  becomes  final  all  the  papers  apper- 
^"^^         taining  thereto  must  be  filed  in  the  Clerk's  office  of  the  Inferior 
Bamages—  Court;  tlic  Justiccs  thereof  must  grant  an  order  for  the  damages 
how  paid,     assessed  in  favor  of  the  land  owner,  but  if  such  Justices  are  sat- 


^^LlLZ^^l^liZS^EltZ^'^'''^  Organization.  137 

Article  1.— PubliJ  Roads.  "  ' 

isfied  that  «>A  damagesl^^renFthT  ,Ttnft7^?^,5rr^d:^ 

hat  part  of  ,t,  they  may  revoke  the  road  altogether,  or  order  l,e 
.ame  altered  .„  ^  to  avoid  the  land  ko  damaged,  or  make  the 
owner  an  ofior  of  .„ch  com,,en.„ti,.n  as  they  m^ay  think  just. 

§fi22    In  esbniatms  d'o  value  of  land  xvl.en  taken  for  public,- , 
uses,  ,t  ,s  not  restneted  to  its  agrieuUnral  <,r  productive  null  tt  ■»  -^ 
b,rt  mq„„.y  may  be  made  as  ,0  all  other  Ies!tin,ate  pnnj    to 
which  the  property  could  be  appropriated 

§623.  Prospective  and  consc.juential  dama^res  resulting  there-, 
from  may  be  ,dso  taken  into  consideration,  if  the  san.e  a,^  plaTn  ""=Si. 
and  appreciable,  and  o„  the  other  hand,  the  increase  of  the  -Z 
of  the  land  from  the  proposed  public  improvement  „,av  be    Z 
mdered,  but  m  no  case  shall  the  owner  be  deprived  of  ,1k.  l  u'  1 
damages  by  such  estimated  increase. 

§  624.  :f  any  overseer,  within  twelve  month    ■.fi,.^  l  • 

ment,  neglects  laithfullv  to  cHscIuu-'e  ^cT  H^^^    -  ^  ^/"  i'lTr'" -'-- 
he  is  mihipr.f  f,.  o  -tt     "      .    '^''''";-^  ^'^G  duties  required  of  him  his  <i"ty. 4* 
he  IS  subject    o  a  fine  not  exceeding  tifty  dolhirs  l,y  the  com- 
missioners under  whom  he  serves,  wlio  shall  notify  iin    o    l" 

neglect,  and  unless  a  good  excuse  is  rendpr..1  f.  ./  / 

ftrpnH.  rin,.o +•        xi     .^         '-Ai.uht  lb  rendeied  to  them  within  Fine  impo*. 
twenty  days  from  the  time  of  such  notice  thov  d^nll  ;.  ^^  ""'^  '^^^ 

tion  for  the  fine  assessed.  ••     ^"  "''""  ""■"^^"-  '^"'• 

§625.  If  any  person  shall  alter  -inv  t.,iTj;,.         i 
ditch  across,  or  'alter  the  loca;!' I    TJ:^:^^'^^  ™'*-'"f 
new    ridge  necessary  by  his  act,  witho.it.  ^"t  ob'ta    in":     „  "o^r"*  "*^- 

one  thousand  dollars,  and  shallt  lilafd:,:;'^;  ^U^ 
damages  any  person  may  sustain  therebv  '  SSi."" 

§626.  AVhen  any  person  shall  make  any  fence  or  ,.„, , 

or  make  other  like  obsfn,ct;„„.  •  '  "-'icc  or  cut  any  tree,  o^,^,,,,,,, 

iiKc  oostructions  in  or  across  anv  public  roiH  i-r.f.ncor 
which  IS  not  removed  in  two  days  and  a  safe  and  convenienVwty'  — "' 
at  the  tune  ol  the  obstruction,  made  for  travelers  he  shall  niv  J 
fine  of  twenty  dollars  for  each  obstruction,  to  be  recov  red  bv 
execution  issued  bv  the  com>T„-«;„„  •  recovtied  byKino.jofor 

and  shall  be  i;ll„  *      ™'""'^">"ers,  as  in  eases  of  road  fines,  "^ '"'""■ 
and  shall  be  liable  tor  any  damages  caused  bv  the  obstruction 
from  the  fet  to  the  last,  if  the  pe,.on  injured  ;,sed  orl:;;:: 


Main  streeta 


cit5!'Li;\:\;:'r:::":s 

»!,„  -p         .,       .  neglect  for  three  months,  the  Justices  of"  ■""•"• " 

the  Peace  therein  are,  by  virtue  of  their  office,  Road  Comn  is  --'»"» 
smners,  and  shall  appoint  overseers,  apportion'the  LdTZt""*^" 


128  FT.  1.— TIT.  (>.— CHAP.  5. — County  OuGAiJizATioN. 

Article  1. — Public  Roads. 

Justices  to   -would  be  liable  to  road  duty,  tliroii<;liout  the  town,  have  the 

act  as  Koad  i  it  -i 

Commis-      streets  worked  on,  as  thouu^h  thev  were  public  roads,  and  must, 

sioncrs.  '  '^^  _  ••  •  .  T-k        1     -  .      . 

in  every  other  respect,  perform  the  duties  of  Road  Commission- 
fo?ne°iecT''  crs,  and  for  neglect  of  any  other  duty,  or  violation  of  any  of  the 
road  laws,  are  liable  to  fine  as  such  commissioners. 


ARTICLE  II. 

COMMISSrONEllS  OF  PUBLIC  ROADS. 


Section-.  !  Section. 

G28.  Three  for  each  district.  |  637.  Commissioners  failing  to  do  duty, 

G2n.  IIo\v  appointed. 

030.  Compelled  to  serve  unless  excused, 

031.  Must  be  notified  within  ten  days. 


632.  Clerk  f\tiling  to  give  such  notice. 

633.  Exempt  from  patrol  &  militia  duty. 

634.  Dut}'  of  commissioners  generally. 

635.  Persons  exempt  from  road  duty. 
036.  Overseer  of  roads  receive  $2  per  day. 


638.  Proceedings  against  for  neglect. 

639.  May  be  removed  from  oflSce. 

640.  Failing  to  appear  Avhen  cited. 

641.  Executions  against  coniniissioners. 
042.  A  public  road  being  a  district  line. 

643.  Necessary  books  shall  be  furni.shod. 

644.  Certificate  of  discharge. 


Three  com-  §  628.  There  shall  be  three  connnissioners  for  each  road  dis- 
Ivlr'each'dis-  trict,  any  two  of  whom  may  act,  and  in  case  there  is  only  one  in 
may  icT*     a  district,  that  one  is  invested  with  all  tlie  powers  of  the  three, 

until  the  vacancies  are  filled. 
Commis-  §020.  Such  commissioucrs  are  appointed  or  re-appointed  by 

hoTa^oin-  the  Justices  of  the  Inferior  Court,  biennially,  at  their  first  meet- 

ino-  of  the  years  of  tlie  appointments,  and,  Avhenever  necessary, 

to  fill  vacancies  at  any  time. 
Compelled        S  G30.  Tliosc  tlius  appointed  are  compelled  to  serve,  unless  ex- 

to  serve.  ,^.  inn  •/»  i  n         • 

cused  by  such  Justices,  who  shall  receive  tor  such  excuse  rrovi- 

dential  cause  only. 
Mast  be  no-      §031.  As  soou  as  appointed,  they  shall  be  notified  thereof  in 
wri^un"       writino-  within  ten  days  thereafter  by  tlie  Clerk  of  the  Inferior 
days.'"  *""    Court,  and  if  such  appointees  do  not,  within  ten  days  after  re- 

ceivini;  such  notice,  file  their  excuse  in  writing,  under  oath,  in 

such  Clerk's  ofiice,  they  shall  be  considered  as  having  accepted. 
The  ck^rk        §  (\?j2    If  a  Clcrlc  fails  to  ij:ive  such  notice,  he  is  guilty  of  a  con- 

failingto  C  •  V      t         •  /••         i  i    n  i« 

notify  com-  temot  aud  sludl  l^c,  by  such  Justices,  fined  twenty  dollars  tor 

missioners.  1    "  ^      «/  •' 

each  neglect. 
Road  Com-       §  033.  Sucli  coiuuiissioners,  while  in  office,  are  exempt  from  all 
Semptflomjury,  patrol,  militia  and  other  road  duty,  and  are  exempt  from 
mintia'^duty.  road  duty  after  they  go  out  of  office,  for  the  next  two  years,  if 

they  have  served  faithfully  through  their  official  terms. 


PT.  1.— TIT.  6.— CHAP.  5.— County  Organization.  129 

Article  2  — Commissionerp  of  Public  Roads. 

§  634.  It  is  their  duty —  commis- 

^       m  .  •   1   •       Hi*  T  •        1      •     sionersmust 

1.  io  appoint,  within  ntteen  chivs,  one  or  more  persons  in  their  appoint 

*'  overseers 

respective  districts  as  overseers  of  the  road. 

2.  To  apportion  the  roads  and  hands  under  their  cliarge  at  the. Apportion 
same  time  as  equally  and  fairly  as  possible,  and  to  furnish  the 
several  overseers  Avith  a  list  of  the  roads  and  hands  under  tlicir 
respective  charge. 

3.  To  hear  and  determine  u])on  all  cases  of  default  or  other  vi- Try  dcfimi- 
olation  of  the  road  laws  within  their  jurisdiction,  (if  not  indicta- 
ble only,)  at  a  Court  to  be  held  by  them  twenty  days  after  every 

road  working,  or  as  often  as  emergencies  may  require,  and  to  is- 
sue executions  or  other  process  against  the  convicted. 

4.  To  keep  a  book  in  which  to  enter — 

First.  The  several  hands  in  their  respective  districts  subject  to  Names  of 
road  duty;  to  what  roads  and  what  parts  thereof  assigned,  and  to'be  rcgis- 
under  what  overseer;  changing  and  correcting  it  from  time  to 
time,  as  may  be  necessary. 

Second.  A  list  of  all  defaulters  and  persons  fined,  the  amounts  a  list  of  de- 
fined, amounts  paid,  what  disposition  made  of  the  money,  what  personi '^'^'^ 
executions  issued  and  unpaid. 

5.  To  pay  to  the  County  Treasurer,  as  soon  as  collec^ted,  that  Disposition 
portion  of  the  fine  money  belonging  to  the  county,  to  l)e  used  in  wisiTft^m 
the  repairing  or  building  of  public  bridges  and  causeways,  and  ""*" 
annually,  on  the  first  of  December,  to  report  to  the  Justices  of 

the  Inferior  Court  the  condition  of  the  public  roads  and  bridges  The  condi- 
in  their  respective  districts,  the  state  of  the  finances,  what  exe-  iic  n°ad^"  ' 
cutions  are  outstanding  unpaid,  and  their  condition.  "  "''*' 

6.  To  inspect,  from  time  to  time,  the  public  roads,  bridges  and  noads, 
ferries  within  their  districts,  notice  the  character  of  tha  repairs,  fcTHuft'irbe 
and  observe  if  such  road  is  regularly  posted,  and  direction  boards  '"'p^'^''"^- 
put  up  as  required  by  law,  and  if  said  bridges  and  ferries  are  in 
proper  repair. 

7.  To  exercise  a  general  supervision  over  their  respective  over-  commis- 
seers,  and  to  fine  them  for  neglect  of  duty,  and  to  see  that  per-  onli  dut/''°" 
sons  are  indicted  for  the  offences  set  forth  in  the  road  laws, 

8.  To  administer  all  oaths,  relative  to  the  road  laws,  connected 
with  their  duties. 

§635.  In  making  up  the  list  of  road-workers,  they  nnist  notMinistors, 
include  the  following  description  of  persons  who  are  exempt  f]-oin  oUh^^rx  ""^ 
such  duty,  viz  :  Licensed  ministers,  teachers  and  students  of  coI-miSVSt" 
leges  and  schools,  keepers  of  public  grist  mills,  public  ferrymen, 
9 


MO  PT,  1.— TIT.  6.— CHAP.  5.— County  Okgakization. 

__i '. 


Article  2. — Commissionera  of  Public  Roads. 


keepei-s  of  toll  bridges,  turnpikes,  causeways  and  plank  roads, 

engineers  and  wliite  persons  in  charge  of  cars  or  trains  running 

on  railroads,  officers  of  the  Confederate  States,  this  State  or  any 

county  thereof,  and  all  others  exempted  by  any  special  law. 

Overseer  of      §  030.  They  are  authorized  to  pay  overseei*s  two  dollars  per 

S?vM|2     tlay  for  every  day  in  actual  service,  out  of  the  fine  money,  besides 

P*'*^^'       one-half  of  the  balance  of  the  line  money  as  compensation  to  him 

as  informer,  and  if,  by  the  end  of  each  year,  the  fine  money  does 

How  col-     not  furnish  enough  to  pay  such  overseers  said  per  diem,  it  must 

^®*'**^         l)e  paid  out  of  the  County  Treasury,  if  the  proper  commissioners 

certifv  to  the  Justices  the  amount  sucli  overseers  are  entitled  to. 

commia-         §  ^'^^'  ^^  Commissioners  fail  to  discharge  their  duties,  or  any 

fn°To"d?''"  <^lii^y  required  of  them  as  such,  they,  and  each  of  them,  shall  be 

l^yVe""''    iined,  by  the  Justices  of  the  Inferior  Court,  not  less  than  fifty, 

"°^'''         nor  more  than  two  hundred  dollars. 

^      ..  S  638.  AVhen  any  person  shall  file  his  afiidavit  in  writins;  in  the 

Proceedings        o  ^  "^*  J    I  ^ 

agpinst^^"^- Clerk's  office  of  the  Inferior  Court,  that  any  commissioner  or  set 
of'duf '"'  of  commissioners  have  neglected  their  duty  generally,  or  in  any 
particular,  or  when  the  Grand  Jury  makes  presentment  of  the 
same,  or  of  the  bad  condition  of  any  portion  of  the  public  roads, 
or  the  said  Justices,  or  any  one  of  them,  are  satisfied  such  is  the 
fact,  and  so  inform  their  Clerk,  it  is,  his  duty  to  issue  a  summons 
in  writing,  directed  to  said  defaulting  commissioners,  command- 
in"-  them  to  appear  at  a  certain  day  therein  named,  before  such 
Justices,  to  answer  for  their  conduct,  wliicli  shall  be  served  on 
them  by  any  officer  or  private  person. 
„    ,  ^  039    If.  on  the  hearing;,  the  Justices  fine  the  commissioners 

May  be  re-  f^^'-'v.         ,  p, 

mov^d  from  ^[^q^^  ^[^qj  shall  also  pass  an  order  removing  them  from  office,  and 
forthwitli  appoint  other  commissioners, 
-lin  to         §  ^''^*-^'  I^  ^^^^y  ^'^^'^'^  been  duly  cited  and  served,  and  fail  to  ap- 
nppear.        ■pQ^.Y,  such  Justices  may  proceed  ex  parte. 

%  641    The  Clerk  of  the  Inferior  Court  is  directed  to  issue  exe- 

Execution  o  ,  ,.         i       ,•  i  i  •   i        i     n    i 

to  issue  by   p,,t;Qj^g  airamst  them  tor  the  fine  and  costs,  winch  shall  be  exe- 

the  Clerk  of  '-'"^  t^  miT  /^i  • 

the  Inferior  Q^j^gci  "by  the  Slierift.  Tlic  lien  of  such  executions,  and  the  prop- 
erty subject  thereto,  are  the  same  as  those  against  defaulting  road- 
workers. 

§  642.  "When  any  public  road  may  be  on  a  road  district  line, 

rold  be\^ng  a  ^ud  the  JusticBS  of  the  Inferior  Court  have  not  specially  assigned 
it  to  any  particular  district  or  set  of  commissioners,  the  commis- 
f^ioners  of  each  district  shall  co-operate  in  arranging  the  hands 
and  appointing  the  overseers  for  such  road. 


PT.  1.— TIT.  6.— CHAP.  5.— County  Okg.^ization. 


131 


Article  2. — Commissioners  of  Public  Roads. 


§643.  The  books  such  commissioners  are  required  to  keep 
must  be  furnished  by  tlie  Justices  of  the  Inferior  Court  at  the 
expense  of  the  coxinty,  and  out  of  *tlie  road  money,  if  any,  and 
when  full  must  be  deposited  in  the  office  of  tlie  Clerk  of  the  In- 
ferior Court. 

§044.  After  the  connnissioner  has  faithfully  served  through 
the  term  of  his  appointment,  he  may  obtain  from  the  Clerk  of  the 
Inferior  Court  a  certificate  of  such  fact. 


Books  shall 
lie  furnished 
by  Inferior 
Court. 

Shall  bo  de- 
posited in 
Clerk's  of- 
fice. 

Certifioato 
of  (lischargo 
— by  whom 
granted. 


ARTICLE  III. 

BRIDGES,  FERRIES,  TURNPIKES,  AND  CAUSEWAYS. 


Section. 

645.  Public  bridges,  ferries,  &c. 

646.  Rogulation.s  concerning  tl:e  same. 

647.  Erected  for  benefit  of  the  county. 

648.  Power  and  duty  of  Inferior  Court. 

649.  Condition  of  contractors  bond. 

650.  IBond  must  be  approved. 

651.  Additional  bond  may  bo  required. 
€52.  Roads,  bridges,  &c. 

653.  Contractor  failing. 

654.  Defendant  resisting  pajTnent. 

655.  Contractors  incompetent  as  jurors. 

656.  Bridges,  &c.,  crossing  county  lines. 

657.  County  refusing  to  contribute. 

658.  Toll  bridges  crossing  coimty  line.«. 
€59.  Private  bridges,  &c. 

660.  Distance  in  such  cases. 

661.  Rates  of  toll  to  be  posted  up. 


Section. 
662.  Land  owner  may  erect  a  bridge,  Ac. 
6G3.  E^xcessive  rates  shall  not  be  charged. 

664.  Rates  to  be  cxammed  annually. 

665.  Persons  making  excessive  charges 

666.  Fords,  bridges,  &c. 
607.  Public  bridges,  &c. 

Proprietors  liable  lor  neglect. 
County — when  liable  for  damages. 
Persons  detained  at  public  crossings. 
No  toll  after  expiration  of  charter. 
Owner  of  private  ferry,  Ac,  liable. 
Breaking  toll  gate,  &c. 
Right  of  way. 

Grant  to  laud — what  jiasse.s. 
Grant  for  a  ferry. 
G77.  Value  of  land  taken — how. 


6G8. 
669. 
670. 
G71. 
G72. 
673. 
674. 
675. 
676. 


§  645.  All  bridges  or  ferries,  turnpikes  or  causeways,  erected 
or  permitted  by  any  act  of  the  General  Assembly,  if  not  other- 
wise pro\aded,  or  by  order  of  the  Justices  of  the  Inferior  Court, 
for  public  purposes,  are  declared  to  be  public. 

§  ()4G.  They  are  chvided — 

1.  Those  established  by  the  county  which  are  free  to  every  one. 

2.  Those  established  by  the  county  where  toll  is  charged  gen- 
erally or  specially. 

3.  Those  established  by  individuals  under  the  authority  of  law 
or  by  virtue  of  a  prescriptive  right. 

4.  Those  established  by  individuals  without  such  rights,  who 
accommodate  the  public  or  any  portion  of  them  for  compensa- 
tion. 


Public 
bridge?,  fer- 
ries, cause- 
ways, &•. 


RridpoB,  fer- 
ries &c. 


182  PT.  1.— TIT.  6.— CHAP.  5.— C5ounty  Organization. 


Article  3. — Bridges,  Perries,  Turnpikes  and  CauFeways. 


jnsMcoji  In-      §  647.  TliG  Justices  of  the  Inferior  Court  may  put  a  ferry  or 
mayesub-   causcwav,  or  botli,  or  may  estal)lisli  a  toll  bridG^e  for  the  benefit 

lishforlK-np-  •  i        ^  *  ^     •  j  j> 

fitofcounty.  of  the  countv,  but  when  on  any  such  county  bridge,  ferry  or 
causeway,  toll  is  charged,  the  county  is  liable  as  individuals  own- 
ing them,  and  the  owners  of  lands  must  be  compensated  as  in 
other  cases. 

Powfrofin-      §^''"^^-  The  Justices  of  the  Inferior  Court  of  the  several  coun- 

o^^^puMic  ties  have  authority- 

rie^^cmilo-        1-  To  appoint   the  ])laces  for  the  erection  of  public  bridges, 

way6,\c.  (^.omity  ferries,  turnpikes  and  causeways,  and  to  make  suitable 
provision  for  their  erection  and  repairs  by  letting  them  out  to  the 
lowest  bidder,  hiring  hands,  or  in  any  other  way  that  may  be  for 
the  public  good  and  agreeable  to  law. 

Undertaker       2.  To  require  sufficient  bond  and  good  security  for  the  faithful 

opive    n  .  pgj.fQj.j^^.^j^(.g  of  r^ii  c^iiqIi  "work  and  contracts,  and  to  indemnify  for 

all  damages  occasioned  by  a  failure  so  to  do. 
License  to        3.  To  liccuse  ally  person  to  establish  such  bridge,  ferry,  turn- 
pike or  causeway,  not  exceeding  ten  years,  which  may  be  renew- 
ed at  the  expiration  thereof. 
Rates  of  toll      ^-  ^o  fix  tlic  I'atcs  of  toll  for  d'ossing  any  such,  where  the  toll 
to  be  fixed   ^.^^  lawfully  be  charged,  and  regulate  those  previously  estal)lish- 
ed  or  that  may  afterwards  l)e  established,  so  as  to  conform  to 
what  is  both  reasonable  and  usage  on  such  water  courses,  pro- 
vided such  charges  are  not  specially  regulated  by  tlie  General 
Assembly  in  some  act  of  incorporation  to  the  exclusion  of  such 
Justices. 
General  su-       5.  To  cxcrcise  a  gciicral  supervision  over  such,  and  see  that 
ovrrpubiic  they  are  kept  in  i)roper  order  and  properly  attended  to,  and  to 
rik^&c!  ''^'  require  from  time  to  time,  as  the  0(;casion  may  demand,  sufficient 
bond  and  good  surety  from  the  proprietors  thereof,  conditioned 
for  their  keeping  in  repair  a  sufficient  and  safe  bridge,  flat  rojje, 
turnpike  or  causeway,  and  all  other  appointments  necessary  for  a 
good  ferry  and  competent  and  faithful  attendance  by  day  and 
night,  and  to  indemnify  the  public  against  all  damages  by  reason 
of  a  failure  so  to  do. 

S()4:9.  AVhen  a  public  bridii;e,  ferry,  turnpike  or  causeway  is  let 

Condition  of       ^  >■  •      i  •     i         '.  ^  i-    •  "\ 

the  bond  of  q^^,  the  coiitractor  must,  m  Ins  bond,  make  a  condition  also  to 

contractors.  ■  _  _       _  ' 

keep  it  in  good  repair  for  at  least  seven  years,  and  as  many  more 

years  as  the  contract  may  be  for. 
Bond  must       §  ^^^O.  All  boiids  taken  from  contractors  or  proprietors  must  be 
te approved.  j^ppj.Q^gjj  by  the  Justices  of  the  Inferior  Court,  filed  in  the  office 


PT.  1.— TIT.  6.— CHAP.  5.— County  Organization. 


133 


Article  3. — Bridges,  Ferries,  Turnpikes  and  Causeways. 


of  the  Clerk  of  the  Inferior  Court,  and  by  him  recorded  in  books 
kept  for  that  purpose. 

§  (J51.  If  when  an  additional  bond  is  required  it  is  not  given  Additional 
withhi  ten  days  from  tlio  time  the  proprietor  or  liis  agent  is^loti-roquir™d.^''• 
lied  l)y  the  Clerk  of  the  Inferior  Court,  the  license  must  be  re- 
voked. 

§052.  When  any  sucli  work  shall  require  repairing  it  is  theRo„d^ 
duty  of  any  one  or  more  Eoad  Commissioners  in  whos^e  road  dis- jo'bfkeptfn 
trict  the  same  is,  to  give  notice  in  writing  to  the  contractor,  or ''''"'''■■ 
one  of  his  sureties,  stating  the  repairs  necessary  to  be  made,  and 
requiring  them  to  be  done  within  a  reasonable  time,  stating  the 
time. 

§  053.  If  such  repairs  are  not  made  within  tlie  time  required,  nopairs-br 
they  shall  employ  some  other  person  fortlnvith  to  unike  them,  and  uHZ.'''  ^ 
upon  report  to  the  Clerk  of  the  Inferior  Court  of  their  cost,  he  contractor 
shall  issue  an  execution  against  such  contractor  and  hi.  sureties  cullo^'m/; 
for  the  expense  of  such  repairs  and  tlie  costs.  us.je  against 

§  654.  If  the  defendant  resists  the  payment  of  said  execution  if  dofend- 
at  law,  it  must  be  returned  for  trial  by  jury,  if  demanded,  either  paym'onf of 
to  the  Justices'  Court  of  the  district  where  the  defendant  resides  tion!  ho^'"" 
upon  whose  property  the  levy  is  made,  or  to  the  Superior  Court '"''^' 
ot  the  county,  according  to  the  principal  amount  thereof 

§655.  Persons  who  have  undertaken  the  building  or  keeping  contmetors 
in  repair  any  bridge,  ferry,  turnpike  or  causewav,  or  are  surety  Sc^m- 
for  such  persons,  cannot  be  Road  Commissioners  of  the  road  dis- '°"'"°°"'- 
trict  which  embraces  such,  and  if  after  having  been  ai)pointed 
they  become  such  contractor  or  surety,  the  Justices  of  the  Infe- 
rior Court  must  declare  a  vacancy  and  appoint  some  other  per- 
sons in  their  stead. 

§65().  When  a  bridge  or  ferry  is  necessary  over  any  water  i5ridco8,&c., 
course,  which  divides  one  county  or  more  counties  from  each  oth- comuy^iine* 
er,  each  county  must  contribute  equally  towards  the  building  andby^.uA^'"'' 
keeping  the  same  in  repair,  or  in  sucli  proportion  as  would  bejoinuy!" 
just,  taking  into  consideration  the  taxable  property  of  each,  and 
the  amount  expended  by  each  in  the  construction  of  bridges  and 
other  passways. 

§  657.  If  any  county  refuses  to  undergo  its  fair  proi)ortion  of  The  rcmedr 
such  expenses,  the  other  county  or  counties  may  construct  the  om,nV  refu- 
work,  compel  the  otlier  to  contribute  by  suit,  and\nitil  sucli  con- trillue""' 
tribution  takes  place,  may  have  exclusive  control  tliereof,  ;ind 
charge  toll  thereon  against  all  the  citizens  of  the  refusini?  countv. 


134  PT.  1.— TIT.  6.— CHAP.  5.— County  Orgaotzation. 

Article  3. — Bridges,  Ferries,  Turnpikes  and  Causeways. 

Toll  bridges,     §658.  The  toll  Imdcjes  or  ferries  over  water  courses  makinsr 

&c,  crossing,'  .  •- 

county  lines  county  liiics,  mav  be  licensed  1)V  citlior  county,  and  in  such  cases 

may  be  li-  '  ■  •  ■   ' 

censed  by  ei- the  bonds  must  bc  aporoyed,  tiled  and  recorded  in  the  county 

then  .  . 

where  the  license  is  e;ranted. 
No  private        §  ()r)9.  Xo  pHyatc  ferry  chaririiiir  toll  shall  be  established  on 

ferry,  shall  -  •*■  .  r<      f 

be  establish-. in  y  >yater  course  \yithin  three  miles  of  ^yhere  iTOl)lic  bridc-es  are 

ed  within  3  •      _  if 

"ubHc^^  *    previously  erected  and  kept  up,  but  l)ridges  may  bc  erected  at 
bridge.        tbe  public  expense  at  places  on  the  same  stream,  other  than  those 

where  bridges  are  previously  erected,  if  not  violative  of  anj 

special  provision  of  the  law. 
Distance—       §  G60.  Wlicu  exclusive  right  is  c;ranted  to  any  person  to  ])re- 

how  compu-  ,.1  f-  •         iV,  ",        .  I'l-i  .1. 

ted.  vent  others  irom  erectmg  bridges  or  terries,  or  the  like,  withm  a 

given  distance  from  the  same,  it  shall  be  computed  by  the  course 
of  the  stream. 

Kates  of  toll      §  ^^1-  Everj    proprietor  of  bridges,  ferries,    turnpikes    and 

to  be  posted  causeways,  where  toll  is  allowed  to  be  charged,  must  fix  a  board 
in  a  conspicuous  place,  as  near  the  same  as  practicable,  with 
black  ground,  on  which  shall  be  the  various  rates  of  toll ;  and  if 
such  is  neglected,  he  shall  be  su])ject  to  indictment,  and,  on  con- 

Penaity  for  victiou,  sliall  bc  filled  not  less  than  fifty  dollars  for  every  week 

nogloct  11, 

lie  so  neglects. 
Landowner      §  662.  Any  pcrsoii  wlio  luav  bc  the  owner  of  any  land  through 

may  con-  i  •    ,  "  .  ,  • 

struct  bridg- which  a  stream  may  pass  on  both  sides  thereof,  may  establish 

es,  <kc.  on  ,  »      i  :;  .; 

hii  own  land,  any  bridge  or  ferry  thereon,  at  his  expense,  and  may  charge 
lawful  toll  for  crossing,  according  to  the  rates  of  other  bridges 
and  ferries  on  the  same  stream,  or  if  none  other,  the  customary 
rates  over  such  streams  elsewhere. 

Excessive        §  663.  If  such  pcrsoii  shall  demand  excessive  rates,  any  person 

rate3  shall  /        t/   x 

not  be  do-    may  complain  to  the  Justices  of  the  Inferior  Court  of  the  county, 

manded.  j   •  <?     i  .  i'        ^ 

and  if  the  rates  are  excessive  they  must  reduce  and  fix  them. 
Bates  to  he       §  ^^^y^.  The  Jiisticcs  of  the  Inferior  Court  of  each  county  must 
annually,      oiicc  cacli  year  examine  the  rates  charged  in  their  counties,  and 
keep  fixed  the  rates  of  toll  for  the  several  bridges,  ferries,  turn- 
pikes and  causeways  within  the  limits  of  their  county  which  have 
the  right  to  charge  them,  and  must  enter  the  same  on  their  min- 
utes. 
Person*  §  665.  If  any  person  shall  cliarge  more  than  the  lawful  rates, 

cessive        Or  inore  than  indicated  by  the  l)oard,  he  is  guilty  of  a  misde- 

charges —  .."  ini-        it  •  j>i 

how  punish- meaner,  and  on  conviction  must  be  fined  in  the  discretion  ot  the 
Court,  and  for  the  second  offence,  in  addition  to  the  fine,  he  for- 
feits his  franchise. 


PT.  1.— TIT.  6.— CHAP.  5,— County  Organization.  135 


Article  3. — Bridges,  Ferries,  Turnpikes  and  Causeways. 


§  GQ6.  No  person  authorized  to  liave  a  bridge  or  ferry  on  liis  Fords,^  ^^^ 
own  land  will  l)c  permitted  to  stop  up  or  obstruct  any  foi'^l?  """g'Jg^®  "*'■ 
brid2;e  or  ferry,  and  upon  so  doing  he  is  guilty  of  a  misdemean- 
or, and  on  conviction  must  be  fined  or  imprisoned,  or  l)Oth,  in  the 
discretion  of  the  Court. 

§007.  After  a  person  has  once  established  such  bridge  or  ferry  p^^^,,;^ 
he  shall  not  discontinue  the  same  without  first  giving  public  no- nou^^'bedTs- 
tice  thereof,  by  advertisement  posted  on  the  Court  House  door,  •'«°"°n«d- 
and  in  a  public  gazette,  if  there  is  one  published  in  the  county, 
for  at  least  sixty  days. 

§  <)<)8.  Any  proprietor  of  any  bridge,  ferry,  turnpike  or  cause-  Proprietors 
way,  v.'hcther  by  charter  or  prescription  or  without,  or  whether  negicc^ 
by  right  of  owning  the  lands  on  the  stream,  are  bound  to  prompt 
and  faithful  attention  to  all  their  duties  as  such,  and  if  any  dam- 
age shall  occur  by  reason  of  non-attendance,  neglect,  carelessness 
or  bad  conduct,  he  is  bound  for  all  damages,  even  if  over  and  be- 
yond the  amount  of  any  bond  that  may  be  given. 

§609.  The  provisions  of  the  preceding  section  apply  to  all  on  failure  to 
contractors  for  the  establishment  of  such,  when  damages  accrue  the  oonnty 

'  ■-  IS  linble  for 

from  a  want  of  good  faith  in  performing  their  several  contracts,  damages. 
and  if  no  bond  or  sufticient  guarantee  has  been  taken  by  the  Jus- 
tices of  the  Inferior  Court,  the  county  is  also  liable  for  the  dama- 
ges. 

§670.  Anv  person  unreasonably  detained  at  a  public  ferrv,  toll  Persons 

'■^  -^    i  •'  .  '  .shall  not  bo 

bridfre,  turnpike  or  causeway,  may,  for  each  detention,  recover  of  (U  tamed  at 

r>    7  i  .,  5  ^  ?  ^  public  cross- 

the  owner  ten  dollars  before  any  Justice  of  the  county.  '"ss. 

§071.  If  any  person  demands  or  receives  toll  for  crossing  anypergons 
ferry,  bridge  or  causeway,  or  turnpike,  after  the  revocation  of  his  after^ex^jlra- 
license  or  forfeiture  of  his  charter,  or  having  a  right  for  a  ferry  t!.r"o?faUing 
allows  the  banks  on  either  side  to  be  out  of  repair  for  more  than  I'^nUs  and 
five  days  at  any  one  time,  or  to  provide  good  and  safe  boats  of  a  ,kr. 
size  sufficient  for  the  accommodation  of  the  puljlic,  furnished 
with  competent  and  sutficient  ferrymen,  for  the  safe  and  speedy 
passage  of  all  persons,  vehicles,  horses  and  stock,  or  in  case  of  a 
toll  bridge  or  causeway,  fails  to  keep  the  same  in  good  repair, 
without  a  reasonable  excuse  for  such  failures,  to  be  determined 
by  the  Court,  he  is  guilty  of  a  misdemeanor,  and  on  conviction  s^'«"i>e  fin- 
must  be  fined  not  less  than  twenty  dollars. 

§072.  If  any  person  who  keeps  a  private  bridge,  ferry,  turii-o,^e„of 
pike  or  causeway,  passes  any  person  for  toll,  the  owners  incur  the  j.7Jsiiabie.'' 
same  lialiility  and  penalties  as  those  ])ermitted  l)y  law. 


136 


PT.  1.— TIT.  C— CHAP.  5.— County  Okgaxization. 


Article  3. — Bridges,  Ferries,  Turnpikes  and  Causeways. 


Breaking  or      §  G73.  If  anv  pei'soii  break  or  injure  any  gate  to  a  toll  bridge, 

injurincpatc  ,  ..  ,  ii-i 

oravoi.iing  tumpike  or  causeway,  or  obstruct,  injure  or  destroy  sucn  bridge  or 
causeway,  pass  round  or  under  the  same  witli  intent  to  avoid  the 
payment  of  toll,  such  person  forfeits  to  the  owner  ten  dollars  for 
each  of  such  acts,  and  is  also  liable  for  the  damages, 

§674.  Damages  for  the  right  of  way  are  to  be  assessed  in  the 
manner  prescribed  for  i)ublic  roads  and  private  ways. 

§  G75.  Grants  to  land  on  water  courses  with  the  appurtenances, 
convey  no  right  of  public  bridge  or  ferry. 

§070.  The  grant  of  a  ferry  franchise  conveys  no  right  to  build 
a  bridge,  or  the  contrary. 

§677.  In  determining  the  value  of  laud  taken  for  a  bridge,  its 
— hovP'su'^  prospective  value  as  a  bridge  site  and  its  present  value  as  a  ferry, 
mated.        jf  one  s  in  use,  may  be  taken  into  the  calculation. 


liight  of 
way. 


Grants  to 
land. 


Grant  for  a 
ferry. 


Value  of 
1  and  taken 


ARTICLE  IV. 


RAILROAD  AND  OTHER  CROSSINGS. 


Sectiox. 

678.  Roads  at  Railroad  crossings. 

679.  Extent  of  such  crossings. 

680.  Erecting  posts  and  blowing  whistle. 

681.  Neglecting  to  erect  such  posts. 

682.  Failing  to  blow  the  whistle. 

683.  Proof  of  damage — onus  on  Company. 

684.  Suits — when  to  bo  brought. 


Section. 

685.  Failing  to  keep  crossings  in  order. 

686.  Must  be  done  by  overseer  of  Roads. 

687.  E.'cecutions  against  defaulting  Co. 

688.  Money  raised — to  whom  paid. 

689.  Railroad  Company  may  defend. 
600.  Plank,  Macadamized  and  other  roads. 
GOl.  Public  highways,  bridges,  kc. 


Extent  of 
such  cross- 
lagB. 


Public  and        S678.  All  Ilailroad  Companies  sliall  keei)  in  good  order,  at 

private  wayi  ti  •  itij 

to  be  kept  up  their  expense,  the  public  roads  or  private  ways  established  pursn- 
ofEaiiroa(i8.ant  to  law,  wlid'C  crosscd  by  their  several  roads,  and  build  suita- 
ble bridges  and  make  proper  excavations  or  embankments,  accord- 
ing to  the  spirit  of  the  road  laws. 

§  679.  Such  crossings  include  the  width  of  land  on  both  sides 
of  the  road  allowed  by  charter  or  appropriated  by  the  Company 
therefor,  and  for  as  many  feet  beyond,  each  way,  as  is  necessary 
for  a  traveller  to  get  on  and  off  the  crossing  safely  and  conveni- 
ently. 
A  post  to  be     ^  (;8o.  There  must  be  fixed  on  the  line  of  said  roads,  and  at  the 

erected.  "  ^       ' 

distance  of  foni'  hundred  yards  from  the  centre  of  each  of  such 

road  crossings,  and  on  each  side  thereof,  a  post,  and  the  engineer 

Blowing  thegj^all  l)e  required,  whenever  he  shall  arrive  at  either  of  said  posts, 

to  blow  tlie  whistle  of  the  locomotive  until  it  arrives  at  the  pub- 


PT.  1. — TIT.  6. — CHAP.  5. — Col-ntt  Okgakization.  137 

Article  4. — Railroad  and  other  Crossings. 

lie  road,  and  to  simultaneously  check,  and  keep  checking,  the 
speed  tliereof,  so  as  to  stop  in  time  should  any  person  or  thing 
be  crossino:  said  track  on  said  road. 

§681.  b^hould  any  Company  fail  or  neglect  to  put  up  said  posts  NojricorT.ip 
the  Superintendent  thereof  shall  be  guilty  of  a  misdemeanor,  and  post  '^  '*'* 
upon  indictment  and  conviction  tliereof  in  tlie  *  ounty  wliere  such 
failure  occurs,  shall  be  subject  to  aiiiio  of  not  loss  than  live  hun- 
dred dollars  nor  more  than  one  thousand  dolhirs. 

§682.  If  any  engineer  neglects  to  blow  said  whistle,  as  requir- Faiiins  to 
ed,  and  to  check  the  speed  as  required  in  section  680,  he  is  guilty  wuistio. 
of  a  misdemeanor,  and  on  indictment  and  conviction  in  the  coun- 
ty where  such  failure  occurs,  he  shall  be  punished  by  fine,  not 
exceeding  live  hundred  dollars  and  imprisoned  not  exceeding  p-inennfUm. 
ninety  days,  or  either,  which  the  Company  by  whom  he  is  em-'""'*''"™'"" 
ployed  is  bound  to  pay. 

§683.  When  sucli  iniurv  occurs,  the  onus  is  upon  the  Compa- whpnanln- 
^     ,.      ,      '       "i  ,.,..,  jury  occurs. 

ny  to  prove  such  lault  on  tlie  part  oi  the  injured  persons. 

§  684.  Such  suits  may  be  located  in  the  county  where  the  iniu- ^""ts  in  tho 

,  .  ...  county 

ry  occurs,  and  service  perfected  as  in  case  for  killinc;  stock.  where injm-y 

•^  _^  ^  _  ...  occuris. 

§  685.  When  any  road  over  which  a  crossing  is  required  shall  Eauroads 
be  obstructed,  or  not  in  good  order  at  such  crossing,  a  Road  Com-  croTshigs*^^ 
missioner,  or  an  overseer  of  the  road  district  where  the  crossing  '"^''  '"'''J"""®'^ 
is,  must  notify  the  nearest  agent  or  employee  of  the  company,  in 
writing,  to  remove  such  obstructions,  or  to  put  such  crossing  in 
proper  order  within  thirty  days  from  the  date  of  such  notice. 

§  6SG.  If  such  requisition  is  not  complied  with,  it  must  be  done  Requisition 
by  the  overseer  of  the  road,  and  within  five  days  after  he  shall  "ompHod 
have  discharged  such  duty,  he  must  report,  under  oath,  in  "wri-day^*" 
ting,  to  the  commissioners  of  the  district,  the  amount  and  value 
of  the  services  performed. 

§687.  The   commissioners  shall  then  issue  execution,  under  Execution 
their  hands  and  seal,  directed  to  any  lawful  officer,  for  the  amount 
of  such  value,  and  the  costs  of  the  proceeding  against  such  de- 
faulting Ivailroad  Company  as  in  case  of  other  road  defaulters. 

§688.  The  amount,  when  collected,  must  be  paid  to  the  per- Money 
sons  who  performed  the  labor,  7;;'o  rata,  and  according  to  the  la- disposed  of. 
bor  performed  by  each,  and  for  other  expenses  of  said  work,  if 
any. 

§  689.  The  defendants  may  defend  themselves  from  snd\Ji./as.  Defeuces— 
as  other  detaulting  road-workers  may. 

§690.  The  provisions  of  this  article  are,  so  far  as  applicable, 


138 


PT.  1.— TIT.  0.— CHAP.  5.— County  Organization. 


Article  4. — Railroad  and  other  Crossincrs. 


Plank  and 
other  roads 
sabject  to 
the  same 
provisions. 
Public 
bridges, 
highways, 
.Sec. 


extended  to  any  plank,  Macadamized,  turnpike  or  other  road  be- 
lons^ing  to  private  indi\'iduals  or  a  joint-stock  company. 

§691.  Public  liii!;liways,  bridcres  or  ferries  cannot  be  appropri- 
ated to  railroads,  plank  roads  or  any  other  species  of  road,  unless 
express  authority  is  granted  by  some  Constitutional  i)rovision  in 
tlieir  charters. 


Private 
■ways — by 
whom 
granted. 

Not  more 
than  15  feet 
wide. 


How  ob- 
tained. 


ARTICLE  Y. 


PRIVATE  WAYS. 


Sectiox. 
G92.  Private  ways — Ijj  wliom  granted. 
693.  Mu.st  be  kept  open. 
G94.  now  obtained. 

G95.  How  laid  out — notice  of  application. 
090.  Damages — how  assessed. 
697.  Applicant  may  decline  to  open. 

098.  May  be  established  by  agreement. 

099.  Protected  as  public  roads. 

700.  Persons  may  join  in  opening,  kc. 


Section. 

701.  May  apportion  work,  !c^. 

702.  Private  way  over  wild  lands. 

703.  Seven  years'  uninterrupted  use. 

704.  Cannot  bo  closed  after  one  year. 

705.  Special  damages  in  certain  cases. 

706.  Wlien  there  is  but  one  blulT,  Ac. 

707.  Application  for  nso  of  landing. 
70S.  Damages  omitted  in  the  grant. 

709.  May  be  converted  into  a  public  road. 


Land  owners 
must  have 
20  days'  no- 
tice. 


Private 
ways — liow 
laid  out. 


§692.  Tlie  Justices  of  tlie  Inferior  Court  have  authority  to 
grant  private  ways  to  individuals  to  go  from  and  return  to  their 
farms  or  places  of  residence. 

§  693.  They  must  not  exceed  Hfteen  feet  in  width,  and  must 
be  kept  open  and  in  repair  by  the  persons  on  whose  application 
they  are  established,  and  may  be  as  much  less  as  the  applicant 
may  choose. 

§694.  Any  person  desiring  such  passway  over  the  land  of  an- 
other, must  petition  tlio  Justices  of  tlie  Inferior  Court,  setting 
forth  ])articular]y  tlie  distance  and  direction  of  such  road,  over 
whose  land  it  is  to  go,  tlirough  what  improvements,  if  any,  and 
their  nature,  and  the  special  purpose  for  which  it  is  desired. 

§695.  After  tdl  persons  over  whose  land  said  passway  is  to  be 
made  shall  have  had  twenty  days'  notice,  in  writing,  of  such  ap- 
plication, and  such  Justices  shall  be  satisfied  such  applicant  is 
entitled  to  the  same,  they  shall  appoint  live  commissioners,  who 
shall  be  disinterested  persons,  any  tliree  or  five  of  whom  may  act, 
to  view  and  lay  out  such  road,  so  as  to  do  the  least  possible  dam- 
age and  inconvenience  to  the  land-owners,  who  shall  make  their 
report  within  thirty  days  from  tlieir  appointment.  They  shall 
make  out  tlieir  report  in  writing,  and  furnish  all  the  parties  in 
interest  v»'ith  copies  thereof,  and  if  either  party  is  dissatisfied  with 


FT.  1.— TIT.  6.— CHAP.  5.— Couihtt  Organizaxioit.  139 

Article  5. — Private  Ways. 

siicli  report,  by  e-ivinsr  the  other  five  days'  notice  in  writine^,  he  Either  party 
may  take  an  appeal  to  the  Justices  of  the  Inferior  Court,  who, 
after  having;  all  the  evidence,  'pro  and  con^  may  confirm  said  re- 
port, or  alter  the  same,  which,  when  done,  shall  be  final. 

§  GOO.  If  the  person  then,  over  whose  land  the  passway  is,  con-  Damag«s— 
ceives  that  he  will  be   damaged  thereby,   he  may  proceed  toscssc^ 
have  the  damages  assessed  in  the  same  manner  that  damages  are 
assessed  in  case  of  public' roads,  and  the  applicant  therefor  stands 
in  the  place  of  the  County  and  Road  Commissioners. 

§097.  After  the  damages  are  thus  assessed,  the  person  who  Applicant 
has  them  to  pay  may  decline  to  open  the  same,  but  he  is  bound  td'Ypen  the* 
for  the  costs  of  all  the  proceedings,  whether  he  uses  the  passway  ^^^' 
or  not,  for  which  the  Clerk  of  the  Inferior  Court  may  issue  an 

•  T'li  11  1  •Tir*  1       Damage* 

execution,  and  m  all  cases  the  damages  must  be  paid  beiore  the  must  bo 
way  is  opened. 

§098.  Private  ways  may  be  establislicd  by  an  agreement,  in  May  bo  m- 
■svriting,  of  all  parties  concerned,  in  whicli  may  be  stipulated  any  agrJoinont.'^ 
damages,  which  must  be  spread  on  the  road  book  of  the  county, 
and,  when  so  done,  has  the  same  effect  as  though  established  by 
the  forms  of  law. 

§  699.  When  a  private  way  becomes  established,  it  must  be  en-  Kecorded 
tered  on  and  fully  described  in  the  road  book,  and  the  owner  ed  as  puwic 
thereof  is  entitled  to  be  protected  in  the  use  of  the  same  as  a  pub- 
lic road. 

§  700.  Several  land  owners  may  join  together  in  opening  a  pri-  several  land 
vate  way,  or  in  keeping  it  up  afterwards,  or  both,  and  when  sojolniro^ea^ 
done  and  entered  on  the  road  book,  the  duties  and  privileges  g^- '"^  "  ^'"'^' 
tend  to  vendees  of  the  same  real  estate. 

§701.  When  several  so  join  they  may  apportion  the  road  forMayappor- 
work  among  themselves,  or  work  it  under  tlie  road  laws,  select-  work. 
ing  one  of  their  number  as  Road  Commissioners,  whose  powers 
are  the  same  touching  such  road  and  the  hands  thereof  as  the 
three  Road  Commissioners  of  the  district. 

§  702.  If  a  private  way  is  established  over  the  wild  lands  of  a  on  wild 
person  who  has  no  notice  of  the  proceeding,  as  soon  as  he  does 
have  such  notice,  and  within  six  months  thereafter,  he  may  pro- 
ceed to  have  his  damages  assessed  against  all  persons  who  are 
land  owners,  and  are  in  the  liabitual  use  of  such  private  way,  and 
not  after. 

§  703.  When  a  person  has  laid  out  a  private  wav,  and  has  been  ^^y»?  J'""''* 

^  J-  1^3  unintcrrnp- 

in  the  use  and  enjoyment  of  it  as  much  as  seven  years,  of  which  ^'^  "**• 


140 


PT.  1.— TIT.  G.— CHAP.  5.— CoraxY  Organization. 


Article  5. — Private  Ways. 


Cannot  be 
cloBcd  after 
one  vear 
wiitii  ut  no- 
tice. 


Special 
waj-8. 


Extent  of. 


If  there  is 
bnt  one 
bluff. 


The  use  of 

another's 

landing. 


Omission  to 
assess  dainu- 
gea. 


Maybe  con- 
verted into  a 
public  road. 


the  owners  have  had  six  months'  knowledge,  without  moving  for 
damages,  his  right  to  nse  becomes  complete,  and  such  owners  are 
harred  of  damages. 

^  Tui.  "When  a  road  has  been  used  as  a  ])rivate  way  ibr  as  much 
as  one  year,  an  owner  of  land  over  which  it  passes  cannot  close 
it  up  without  first  giving  the  common  users  of  the  way  thirty 
days'  notice  in  writing,  that  they  may  take  steps  to  have  it  made 
j)ermanent. 

§  705.  When  a  private  way  is  established  over  the  laud  of  an- 
other, for  the  purpose  of  hauling  wood  or  timber,  or  other  com- 
modity, to  any  place  of  landing  whereat  the  business  of  rafting 
or  shipping  is  carried  on,  or  to  any  railroad  depot,  it  shall  not  ex- 
tend to  the  use  of  any  landing  erected  by  a  person  for  his  own 
benefit, 

§  706.  If,  liowever,  there  should  be  but  one  bluff  or  place  of 
landing,  the  owner  cannot  appropriate  such  to  himself  exclusively , 
if  he  will  not  be  damaged  by  the  admission  of  others  to  its  use, 
or  if  damaged  he  is  properly  compensated  therefor,  but  no  per- 
son shall  be  entitled  to  use  the  wood-slide  or  other  improvement 
erected  for  one's  own  use,  nor  timber  landing,  while  he  is  using  it. 

§707.  When  the  applicant  for  a  private  way  desires  also  to 
use  another's  landing  he  must  so  state  in  his  petition,  that  proper 
damages  may  be  assessed  therefor. 

§  708.  If  a  private  way  is  established  and  there  is  an  omission 
to  have  considered  the  damages  for  using  such,  it  may  be  done 
afterwards  if  within  a  reasonable  time. 

§709.  When  a  private  way  is  once  established  it  is  in  the 
power  of  the  Justices  of  the  Inferior  Court  to  declare  it  a  public 
road,  provided  it  is  of  sufficient  length  and  importance,  and  the 
number  of  persons  who  habitually  use  it  can  and  will  do  as 
much  work  thereon  as  is  their  proper  share,  in  working  the  same 
alone,  or  in  connection  with  adjacent  ])ublic  roads. 


PT.  1.— TIT.  6.— OouKTT  Organization.  141 

Chapter  6.— The  County  Poor. 

CHAPTER  YI. 

THE  COUNTY  POOR. 
Section.  Section. 

710.  Paupers.  120.  Paupers  left  by  companies,  ic. 

711.  Poor  House.  '   721.  Security  required,  &c. 

712.  Commissioners  of  the  Poor.  I   722.  Bond  filed  with  Clerk  Inferior  Court. 

713.  Receipts,  disbursements  &  amounts. j   723.  Party  faihng  to  give  security. 

714.  Applications  by  the  poor,  kc.  I   724.  Pauper  found  to  be  a  lunatic. 

715.  "Who  are  con.sidcred  paupers.  i   725.  Poor  children  bound  out — how. 

716.  Parents  and  children  bound,  <tc.       |   726.  For  what  lenf;;th  of  time. 

717.  Certificate  of  the  Clerk.  I   727.  Master  violating  his  contract. 

718.  Persons  removing  paupers.  |   728.  May  appeal — Custody  of  minor,  &c. 

719.  Such  person  being  insolvent.  | 

§710.  The  general  supervision  of  all  paupers  is  vested  in  tliepaupors. 
Justices  of  the  Inferior  Court  of  each  county. 

§711.  They  have   authority  to   purchase   lands   for   a   Poor  poor  Houses 
House,  the  title  thereto  vesting  in  the  county,  or  to  rent  im- 
provements for  such  purpose,  or  to  board  out  the  poor  and  to 
make  all  necessary  contracts  in  relation  to  them. 

§712.  They  shall,  if  necessary,  appoint  a  Commissioner  of  thecommis- 
Poor,  and  the  money  arising  from  the  poor  tax  shall  be  paid  into  tiie"i"on 
his  hands  liy  the  County  Treasurer  on  orders  granted  in  his  favor 
by  such  Justices,  or  in  favor  of  any  other  person. 

§  713.  "Whoever  receives  and  disliurses  such  fund  must  once  in  r^eceiver  & 
every  year,  at  the  time  such  Justices  may  order,  or  oftener  if'"'  ""°'^' 
they  require,  make  up  his  accounts  and  lay  the  same  before 
them,  who  shall  allow  or  disallow,  and  whenever  there  is  a  defi- 
ciency or  liability  on  the  part  of  such  person  he  may  be  ruled  May  bo 
for  the  amount  as  an  officer  of  Court.  '^"'''^' 

§714.  Application  to  be  provided  for  as  a  pauper   may  be  Application 
made  at  any  time  to  the  Commissioner  of  the  Poor,  a  Justice  of  "o  whom'^ 
the  Inferior  Court  or  a  Clerk  of  such  Court,  upon  which  a  hear-"'*'^" 
ing  must  be  had,  with  tlie  least  possible  delay,  by  the  Justices, 
and  the  person  to  whom  such  application  is  made,  is  authorized 
to  provide  for  such  applicant  as  other  county  poor  until  the  hear- 
ing is  had. 

§715.  No  person  shall  be  entitled  to  the  benefits  of  the  provi- -^-ho  aro 
sion  for  the  poor  who  is  able  to  maintain  himself  or  herself  by  ^-''"'""'^ 
labor,  or  if  not,  has  sufficient  means,  and  in  cases  where  females 
arejunable  to  maintain  themselves  and  the  helpless  children  they 
may  have  also,  they  may  be  aided  to  the  extent  required  in  the 
furnishing  of  food,  clothing  or  shelter. 


142  PT.  1.— TIT.  6.— County  Organization. 

Chapter  6. — The  County  Poor. 

Parents  and     §716.  If  aiiv  siicli  person  lias  father,  motlier  or  child  of  siiffi- 

children  ... 

bound  to      cient  abihty,  he  or  she  must  be  supported  by  tliem,  and  failing 

support  each  ''  '  ^  ^  ^  ■>  ^> 

other.  so  to  do  snij  couutj  ill  the  State  having  made  provision  for  such 
persons  may  sue  persons  of  full  age  standing  in  sucli  rehition  to 
them,  and  recover  for  the  time  sucli  county  has  made  provision 
for  such  person,  always  provided,  the  person  sued  was  possessed 
of  sucli  ability. 

Certificate  of     §"!'''•  ^^^  t^^^  trial  the  certificate  of  the  Clerk  of  the  Inferior 

t-vw^'n"*^  Court  that  the  person  was  poor  and  unable  to  sustain  himself, 
and  that  he  was  maintained  for  such  a  time  at  the  expense  of  the 
county  is  presumptive  evidence  of  such  maintenance  and  the 
costs  thereof. 

Persons  re-       §718.  Wlicu  auv  inhabitant  of  any  county,  city,  town  or  vil- 

movlng  pan-  .  ..    i'       o  ./  '         ./  J  .        ,  . 

pers  person-  lagc,  lu  Or  out  ot  the  btatc,  scuds  a  pauper  to  some  county  m  this 

ally  respon-  „         '  .  ,  ^        ^  .  "^ 

Bible.  State,  by  paying  the  expense  of  transportation,  or  otherwise  has 

him  removed  for  the  purpose  of  burdening  some  other  commu- 
nity, the  person  so  engaged  shall  be  personally  liable  for  the 
support  of  the  pauper  in  the  county  where  he  locates. 
Such  person     §719.  If  the  pci'sou  SO  eugagcd  in  transporting  a  pauper  i»  in- 
vent the      solvent  or  does  not  respond  to  such  demand  from  any  cause,  the 

county  is  .,.,■,  ./  ? 

liable.  county  Irom  which  the  transportation  took  place  shall  be  liable. 
Paupers  left  §  720.  If  aiiv  pcrsoii  Commanding  any  vessel,  or  the  manager 
torycom-     or  proprietor  of  anv  theatrical  circus,  or  any  other   migratory 

panics.  xi      •    "  .  •  "^  . 

company,    or   tiieir   agents,  or  any  person,   passing  or  moving 
through  this  State,  shall  bring  and  leave,  or  abandon  herein,  any- 
infant,  lunatic,  maimed,  deaf  and  dumb,  blindj'^aged  or  infirm 
person,  who  is  or  is  likely  to  become  chargeable  to  the  county,  he 
may  be  brought  by  warrant  before  any  judicial  oflicer. 
May  bo  re-       §  721.  If  such  ofilccr  is  Satisfied  that  such  person  is  or  will  pro- 
givo  bond,    bably  become  such  charge,  he  must  require  such  person  to  enter 
into  bond,  payable  to  the  Governor  of  the  State  and  his  succes- 
sors in  office,  with  sufiicient  securities,  resident  in  the  State,  for 
the  sum  of  five  hundred  dollars,  for  each  of  such  persons  so 
brought,  conditioned  to  pay  all  such  exj)eiiseSj  as  any  county  in 
the  State  may  lawfully  incur  in  their  support. 
Such  bond        §  ^^22.  Said  bond  must  be  filed  in  the  Clerk's  ofiice  of  the  Iii- 
mustbeiiicd^'gj.l^^j.  Co^^i-t  (jf  the  county  where  the  paupers  are  at  the  time  of 
of Yh^^Me^^  its  execution,  and  upon  condition  broken  may  be  sued  on  and 
nor  Court,    j-g^joygi-ieg  j^^j^  ^^j^^ii  exhausted  in  difierent  actions  in  behalf  of 
any  county  or  person  who  may  have  property  contributed  to  the 
maintainance  of  such  pauper. 


PT.  1.— TIT.  6.— County  Organization.  143 

Chapter  C— The  County  Poor. 

§  723.  On  failure  to  eive  sucli  bond  such  person  must  be  com-  Failure  to 

1  .    .,  .,     .  *"  .        T  Ml  n     1      give  bond. 

mitted  to  jail  until  it  is  done,  or  until  the  next  term  oi  the 
Superior  Court  of  the  county,  wlien  if  not  done,  or  he  does  not 
take  care  of  said  pauper  and  pay  all  costs,  he  is  guilty  of  a  mis- 
demeanor, and  on  conviction  shall  be  fined  five  hundred  dollars,  Mny be  fined 

I'li'ii  ,>ini"  •  1       •  1  five  hundred 

and  m  deiault  tliereoi  shall  he  imprisoned  ninety  days.  dollars. 

§724.  AVlien  a  pauper  is  found  to  be  a  lunatic,  idiot,  deaf  and  Lunatic. 
4<     dumb,  or  bind,  they  must  be  dealt  with  ac<;ording  to  the  laws 
relating  to  them. 

§725.  All  orplian  poor  children,  or  others  whose  parents  do  Poor  cini- 
not  maintain  them,  and  are  on  the  county,  of  sufficient  age  and  bou^™o°ut.  ^ 
bodily  streugtli  to  support  themselves,  must  be  l)ound  out  by  tlie 
Ordinaries  of  the  counties  to  learn  a  trade,  or  some  useful  occu- 
pation, for  such  time  as  they  may  deem  best,  and  tlie  person  to  obligation  of 
whom  they  are  bound  shall  undertake  to  clothe  and  maintain  """*''''"■ 
them  in  such  manner  as  tlie  Court  may  direct,   and  shall  have 
them  taught  to  read  and  write  the  English  language,  and  tlie 
common  rules  of  arithmetic,  which  undertaking  must  be  in  Avri- Must  be  in 
ting  and  entered  on  the  minutes  of  the  Court.  ^vntIng. 

§  726.  Eoys  may  be  bound  out  from  time  to  time  until  twentv-  ^'"'""'^  ''"'■ 

',  "^  what  tiuiL>. 

one  years  oi  age,  and  girls  until  they  are  eighteen  or  marry. 

§727.  If  any  such  person  shall  violate  his  contract,  misuse  or  Master  vio- 
ill-treat  such  apprentice,  the  Ordinaries  shall  take  them  away,  contract.'* 
after  giving  the  master  a  hearing,  and  bind  them  to  some  other 
person. 

§  728.  Such  master  may  appeal  to  a  trial  by  jury  in  the  Supe-  May  appeal. 
rior  Court,  as  in  other  cases  of  appeal,  but  in  the  meantime  the 
minor  shall  be  placed  in  the  custody  of  the  Ordinary,  who  ii^ay  ^,^^^^^^, .  ^^ 
procure  some  i^erson  to  take  charge  of  him  until  the  trial.  minor  pcn- 

-■^  ^  i?  ding  appeal. 


14A:  PT.  1.— TIT.  7.— CHAP.  1.— Public  Revenue. 


Article  1. — Persons  and  Property  Exempt. 


TITLE  VII. 

PUBLIC  REVENUE. 


CHAPTER  I. 

TAXATION   BY  THE  STATE. 

Article  1.  Persons  and  property  exempt. 

Article  2.  System  of  taxation— persons  and  property  taxed. 

Article  3.  Taxes  on  Banks,  Railroads,  &c. 

Article  4.  Taxes — lunv  returned  and  collected. 

Article  5.  Proceedings  against  delinquent  Tax  Payers. 

Article  6.  Delinqnent  Collectors  and  Receivers,  &c. 

Article  7.  Tax  Receivers. 

Article  8.  Tax  Collectors. 

Article  9.  Compensation  of  Collectors  and  Receivers. 

Article  10.  Miscellaneous  provisions. 


ARTICLE  I. 

PERSONS  AND  PROPERTY  EXEMPT. 
Section  729.  Persons  and  property  exempt  from  taxation  enumerated. 

Property  ox-      §729.  Thc  following  persons  and  property  are  exempt  from 

empt  from 

taxation,      taxation : 

1.  All  property  specially  exempted  by  tlie  Constitution  of  the 
Confederate  States  or  of  this  State. 

2.  All  lands,  mines  and  minerals,  belonging  to  this  State  or 
the  Confederate  States. 

3.  All  buildings  erected  for  and  used  as  a  College,  incorpora- 
ted Academy,  or  other  seminary  of  learning. 

4.  All  buildings  erected  for  and  used  for  public  worship,  or  for 
school  houses,  or  both. 

5.  All  Court  Houses,  Jails,  or  other  county  buildings. 

6.  All  poor  houses,  alms  houses,  houses  of  industry,  and  any 
house  belonging  to  any  charitable  institution, 

7.  The  real  and  personal  estate  of  any  public  library  and  that 
of  any  other  literary  association. 

8.  The  several  lots  and  buildings  attached  to  the  live  last  men- 


PT.  1.— TIT.  7.— CHAP.  1.— Public  Revexue.  145 


Article  1. — Persons  and  Property  Exempt. 


tioned  exemptions,  including  all  necessary  furniture  belonging  to 
eacli. 

9.  All  books  and  philosophical  apparatus,  and  all  paintings  and 
statuary  of  a  company  or  association  kept  in  a  public  hall,  not 
held  as  mercliandise  or  for  the  purpose  of  sale. 

10.  All  stocks  owned  by  the  State,  or  by  literary  or  charitable 
institutions  for  tlie  legitimate  purpose  of  such. 

11.  All  plantation  and  mechanical  tools,  and  all  household  and 
kitchen  furniture  not  above  the  value  of  three  hundred  dollars, 
not  held  for  sale  or  as  merchandise. 

12.  All  poultry,  and  two  hundred  dollars  in  value  of  other 
property,  besides  the  special  exemptions,  but  whicli  latter  do  not 
obtain  in  favor  of  non-residents. 

13.  All  annual  crops  and  provisions;  all  fire-arms  and  all  mu- 
nitions, and  all  wearing  apparel  not  held  as  merchandise. 

14.  All  owners  of  stocks  in  any  incorporated  company  liable  gtockhoid- 
to  taxation  on  its  capital  for  such  stock,  shall  not  be  taxed  as  in-exompt*" 
dividuals. 

15.  All  places  and  monuments  of  the  dead  and  implements  of 
burial. 

1C>.  The  property  of  revolutionary  soldiers  and  their  widows, 
to  the  value  of  one  thousand  dollars. 


ARTICLE  II. 

SYSTEM   OF  TAXATION,  AND  PERSONS  AND  PROPERTY  TAXED. 
Sectiox.  I  Section. 


730.  Taxable  property — what. 

731.  Bonds,  notes  and  other  obligations. 

732.  Lands  held  by  warrant  or  ungranted. 

733.  Lands,  &c.,  held  by  non-residents. 

734.  Taxable  property — assessments. 

735.  Assessments — when  and  by  whom. 

736.  Amoimt  of  taxes  to  be  assessed. 

737.  Tax — m  what  funds  to  be  paid. 


738.  Default  and  insolvent  list. 

739.  Specific  taxes — items  enumerated. 

740.  Property  specifically  taxed,  &c. 

741.  License  to  exercise  a  privilege. 

742.  Taxes  to  be  paid  before  other  debts. 

743.  Conveyances  and  Judgments,  &c. 

744.  Person  to  whom  conveyance  is  made. 


§  730.  All  real  and  personal  estate,  whether  oAvned  by  indi- 
viduals or  corporations,  resident  or  non-resident,  are  liable  to  prol^'erty. 
taxation,  unless  specially  exempted. 

§731.  Bonds,  notes,  or  other  obligations  for  money,  on  persons  j^^^^^^  ^^^^^ 
in  other  States,  or  bonds  of  the  Confederate  States,  or  of  other  *•=-.' yP'"^- 

'  '  residents. 

States,  or  bonds  of  corporations  of  other  States,  and  shipping,  are  ^rslntf  "ia 
the  subjects  of  return  and  taxation  in  this  State.  ui^ay  bo  tax- 

10 


146  PT.  1.— TIT.  7.— CHAP.  1.— Puulic  Revenue. 


Article  2. — System  of  Taxation,  and  Persons  and  Property  Taxed. 


unjfrentcd       §  732.  All  lands  held  under  warrants  and  certificates,  but  not 
stock "corpo- granted,  are  liable  to  taxation,  and  all  monied  or  stock  corpora- 
tions, unless  exempted  or  difFerently  provided  for  in  their  char- 
ters, are  liable  to  taxation  upon  such  capital  stock,  as  other  prop- 
erty. 
Non-ro9i-         §  733.  Lauds,  or  other  property,  belonging  to  citizens  of  the 
subifcTir"  Confederate  States,  not  resident  of  tliis  State,  cannot  be  taxed 
duze^''"'  liiglier  than  tlie  property  of  residents,  Imt  all  tlie  property  of 
such  non-residents,  whether  their  property  be  real  or  personal  in 
this  State,  must  pay  taxes  on  the  same  herein. 
Taxable  § '^^4.  All  property,  or  other  tiling  of  value  subject  to  taxa- 

EcTse^scd   tion,  must  be  given  in  by  the  tax  payers  as  hereinafter  set  forth, 
Md  by"'""'  at  its  fair  market  value,  and  must  be  taxed  according  to  its  value 
'^^°'""        on  an  assessment  to  be  made  by  the  Governor,  which  must  not 
exceed  one-eighth  of  one  per  cent,  per  annum,  without  the  assent 
of  the  General  Assembly. 
Assessment,      §  735.  Sucli  asscssuient  must  be  made  each  year  as  soon  as  the 
whom  made,  value  of  the  taxable  property  is  substantially  known  by  the 
Comptroller  General,  who  shall  assist  the  Governor  in  making 
the  assessment,  and  immediately  send  written  or  printed  notices 
to  each  Tax  Collector,  of  the  Governor's  order,  and  publish  also 
a  copy  thereof  for  the  .space  of  thirty  days,  in  some  public  ga- 
zette at  tlie  Seat  of  Government. 
Amount  of        §  '<'3^'-  Tlic  aiiiouut  of  taxcs  assessed  shall  not  exceed  the  actual 
assessed.  '*    annual  wants  of  the  State  Government,  exclusive  of  the  commis- 
sions of  Collectors  and  Receivers,  and  any  other  expense  that 
may  be  lawfully  incurred  in  F.ssessing  and  collecting  them. 
Ho\vpai.i.        §737.  Taxes  must  be  paid  in  gold  or  silver,  or  in  the  bills  of 
such  banks  as  pay  specie  promptly,  unless  specially  excluded  by 
law,  or  otherwise  directed  by  the  Governor. 
Defauitand       §738.  lu  netting  the  digest  the  default  list  shall  be  deducted 
lists.  for  the  Receivers,  and  the  insolvent  list  for  the  Collectors. 

Specific  tax-  §  739.  Bcsides  the  ad  mdorein  tax,  the  following  specific  taxes 
shall  bje  assessed  per  annum,  and  estimated  in  fixing  the  rate  per 
cent. : 

1.  Practitioners  of  law,  physic  and  dentistry,  five  dollars  each. 

2.  Daguerrean,  Ambrotype,  Photographic  and  similar  artists, 
five  dollars. 

3.  Every  free  white  person  between  the  ages  of  twenty-one 
and  sixty,  twenty-five  cents. 


PT.  1.— TIT.  7.— CHAP.  1.— Public  Retenue. 


147 


Article  2. — System  of  Taxation,  and  Persons  and  Property  Taxed. 


4.  Every  free  person  of  color  between  the  ages  of  eighteen  and 
fifty,  not  vahieless  from  decrepitude  or  disease,  five  dollars. 

5.  To  carry  on  the  business  of  an  auctioneer,  ten  dollars.  Auctioneers. 

6.  To  keep  a  pool  or  billiard  table  for  public  play,  twenty-five 
dollars. 

7.  To  keep  a  bagatelle  table  for  public  ])lay,  ten  dollars.  Ba^tciie  u- 
S.  To  keep  a  ten  pin  alley,  or  alley  of  like  kind  for  juiblic  play,  ^'^^  . 

ten  dollars.  Jcy- 

9.  To  keep  any  other  table,  stand  or  place,  for  any  other  game  Any  other 
or  play,  with  or  without  a  name,  unless  for  exercise  or  amuse-  or^wuhout  a 
ment  only,  and  not  prohibited  by  la-\v,  ten  dollars.  "■^™^" 

10.  To  keep  a  public  race-track,  fifty  dollars. 

§  740.  Wliere  persons  are  taxed  specifically  for  keeping  a  bil-  pmperty 
Hard  or  pool  table,  bagatelle  table  or  ten  pin  alley,  they  need  not  S'^not  fo 
give  in  the  value  thereof.  ^         *  ^^  '•''t>"-ne<L 

§  741.  'No  assessment  or  payment  of  tax  to  the  State  is  to  ex-  Liccnse- 
onerate  the  person  from  taking  out  license  from  the  county,  or  ^ry"  fter *"* 
city  or  incorporated  town,  in  cases  where  they  are  required  by  tax.™*^"*^ **' 
law  so  to  do.  * 

§  742.  Taxes  shall  be  paid  before  any  other  debt,  lien  or  claim  t,^^„  ^^  ^^ 
whatsoever,  and  the  property  returned  or  held  at  the  time  of  giv-  tnapropertr 
ing  in,  or  after,  is  always  subject.  uc™'^*  ^"^" 

§  743.  All  deeds  of  gift,  mortgages,  sales  and  assignments  of  conveynnc- 
property  of  any  kind,  made  to  avoid  paying  taxes,  or  judgments  mems  to"**"' 
])rocured  to  be  rendered  for  the  same  purpose,  are  null  and  void.  mc"nt.'/tax- 

§  744:.  The  person  holding  such  property,  or  to  whom  such  Don7e','&c., 
conveyance  may  be  made,  is  liable  for  such  taxes,  and  the  prop-  ^["P'^'^'J'  •'*" 
erty  also,  whenever  found,  no  matter  in  whose  possession  it  mav 
be."^ 


ARTICLE  III. 

TAXES  ON  BANKS,  RAILROADS  AND  OTHER  CORPORATIONS. 


Section. 

745.  Banks,  <fcc. — how  taxed. 

746.  Railroads  and  other  corporations. 

747.  Private  banks  and  bankers. 

748.  Special  provisions  for  railroads. 

749.  Porcifrn  banks — agents. 


Section. 

750.  Foreign  Insurance  Companies. 

751.  Express  Companies. 

752.  Lotteries. 

753.  Illegal  sale  of  lottery  tickets. 

754.  How  contested  by  defendant. 


§  745.  The  several  banks  or  othew  corporations  in  this  State,  ^sed^'^'"' 
having  banking  privileges,  shall  pay  a  tax  annually  of  forty  cents 


148  FT.  1.— TIT.  7.— CHAP.  1.— ruuLic  Eevenue. 


Article  3. — Taxes  on  Banks,  Railroads  and  other  Corporations. 


on  every  hundred  dollars  of  the  highest  amount  of  their  capital 

stock  paid  in  within  the  limits  of  their  respective  charters. 

Tax  on  rail-      §  74(».  Tlic  scvcral  railroads  and  other  incorporated  or  uniucor- 

othorcom-    porated  companies  of  every  kind,  except  banks,  which  are  not  ex- 

^*  ^^        empt  by  their  charter  or  otherwise,  or  for  which  there  is  not  a 

ditterent  method  of  taxation  specially  i)rescribed,  pay  the  same 

rate  per  cent,  upon  tlie  whole  amount  of  tlieir  capital  stock  paid 

in  as  is  levied  on  other  capital,  together  witli  the  same  rate  per 

cent,  upon  their  net  annual  profits. 

Prirate  §747.  The  provisions  of  the  preceding  sections  apply  to  pri- 

bankors,  *c.        ^  ,  ,       ,  ^  i        a. 

vate  bankers,  brokers  or  excliange  merchants, 
railroads-       §  748.  The  several  railroads,  by  whose  charters  a  higher  tax  is 
Tilir-haif  o'T^  forbidden,  and  such  as  are  now,  or  may  hereafter  be  in  opera- 
one  percent  ^.^^^  ^^^^^  ^^  ^^^  ^^^^  ^  dividend  exceeding  six  per  cent.,  shall  pay 

only  one-half  of  one  per  cent,  upon  the  net  annual  income  of 
^' ta«d"'  each,  until  they  pay  a  dividend  of  eight  per  cent,  per  annum,  in 
which  shall  be  included  the  reserved  fund,  at  which  time  they 
are  to  be  taxed  as  other  capital. 
Acent  of  §  749.  Every  agent  of  any  foreign  bank  or  individual  not  a 

ba'Sd      citizen  of  this  State,  doing  business  herein,  w^ith  or  without  an  of- 
broker- """' fice,  or  through  a  citizen  of  this  State  or  other  person,  shall  pay 
the  same  rate  of  tax  as  is  imposed  upon  the  chartered  banks  upon 
one-third  of  the  highest  amount  of  loans  or  paper  discounted,  or 
exchange  purchased  by  him  and  running  to  maturity  at  any  one 
time  during  twelve  months  immediately  preceding  such  returns, 
together  with  the  same  rate  per  cent,  ujxm  the  net  annual  profits 
of  the  agency. 
Tax  on  fa^  §  750.  All  lusuraucc  Comi)anies  out  of  this  State,  doing  busi- 
rauce  com-  ncss  herein,  shall  pay  one  per  cent,  upon  premiums  received. 
on°Express      §  751.  Evcry  Exprcss  Company  doing  business  in  this  State, 
Companies.  ^|^^^j|  ^^^^  ^  ^^^  ^^  ^^^  ^^j.  ^^j^^_  upou  the  gross  amouut  of  their 

profits  for  each  year  on  business  done  at  offices  in  this  State. 
On  lotteries.      §^52.  Eacli  manager  of  any  lottery,  if  authorized  by  the  laws  of 

this  State,  shall  pay  to  the  State  Treasurer  one  thousand  dollars 

annually,  free  of  all  costs  of  collection. 
nicfrai  sa\c        §  753.  If  any  person  makes  affidavit  that  any  one  is  selling  lot- 
ticu^s—      tery  tickets  without  the  authority  of  the  laws  of  this  State,  the 
ished.'^"^      Tax  Collector  of  any  county  shall  issue  a,  Ji.  fa.  or  ca.  sa.,  or 

both,  for  the  sum  of  one  hundred  dollars  for  each  act,  sworn  to 

a""ainst  the  offending  person  as  tax  executions  are  issued. 

Fi./a.  may       8  754.  Tlic  defendant  uuiv  coutest  the  collection  of  such  pro- 
be contest-        '^        1   ,.     1     i.    •         1-     '      .x"  ^- 
«d.  cess  as  defendants  in  ordinary  ^./«5.  may. 


PX.  1. TIT.  7. — CHAP.  1. — Public  Revenue. 


149 


Article  4. — Taxes — How  Returned  and  Collected. 


ARTICLE  IV. 

TAXES— HOW  RETURNED  AND  COLLECTED. 


Section. 

755.  Returns  of  banks,  &c.— how  made. 

756.  Other  returns— to  wliora  made. 

757.  Mines  and  farms — where  taxed. 

758.  Mine  or  form  on  county  Ime. 

759.  Non-residents. 

760.  Lands,  &c.,  of  non-residents. 

761.  Returns  to  Comptroller — how  made. 

762.  In  what  funds  taxes  paj'ablc. 
7G3.  Returns  may  bo  by  agent. 

764.  Oath  on  special  return. 

765.  Oath  on  general  return. 

766.  Exceptions  in  oath. 

767.  Oath  of  agent. 

768.  By  one  of  a  firm  sufficient. 

769.  "VMio  may  administer  oath. 

770.  Evidence  of  oath. 

771.  When  Receiver  must  assess. 

772.  Proceedings  thereon. 

773.  Wlio  may  complain  of  returns. 

774.  Oath  of  assessors. 

775.  Defaulting  tax-payers. 

776.  Relief  against  double  tax. 

777.  Defaulter's  oath. 


Section. 

778.  Blanks — by  whom  furnished. 

779.  Lands — how  returned. 

780.  How  entered  in  digest. 

781.  Digests — when  and  where  filed. 

782.  Mistakes — how  rectified. 

783.  Tax  overpaid  refunded. 

784.  Before  reaching  Treasury. 

785.  Doubtful  cases. 

786.  Defaulters  double  taxed. 

787.  Double  tax  on  property. 

788.  Double  tax — how  avoided. 

789.  Agent  of  non-resident  liable. 

790.  When  Collector  must  pay,  ic. 

791.  Insolvent  list 

792.  Credit  for — how  allowed. 

793.  When  not  allowed. 

794.  New  officers  excused. 

795.  When  their  liability  attaches. 

796.  Collector's  duty  as  to  digests. 

797.  Furtlier  time  may  be  ahowed. 

798.  Taxes  for  former  years. 

799.  Estates  not  liable — when. 


§755.  The  returns  of  all  Banks,  Railroad  and  Insnranee  and 
Express  Companies  and  Agents  of  foreign  Companies,  author- 
ized in  this  State,  sliall  be  made  to  the  Comptroller  General  by 
the  first  day  of  May  in  each  year,  and  the  taxes  thereof  shall  be  paid 
to  the  State  Treasurer  by  the  first  day  of  October  in  each  year. 

§  756.  All  other  companies  or  persons  taxed  shall  make  their 
returns  to  the  Receiver  of  the  respective  counties  wliere  the  per- 
sons reside,  or  the  oflice  of  the  company  is  located,  e.'ccept  in  case 
of  mining  companies,  and  of  persons  who  cultivate  lands  in  coun- 
ties not  their  residence. 

§  757.  Mining  Companies  must  make  their  returns  in  the  coun- 
ty where  the  mine  is  worked,  and  those  who  have  such  planta- 
tions must  make  the  returns  for  them,  together  with  the  slaves 
and  stock  and  other  property  employed  thereon  in  tlie  counties 
where  they  are  respectively  situated. 

§758.  If  there  is  amine  or  plantation  on  tlie  line  between 
two  counties,  and  in  two  or  more  counties,  the  returns  shall  be 


Returns  and 
taxes  of 
banks,  «&«. 


lU^turns — to 
whom  m.ide. 


Kotnrns  of 

Mining 

Companies, 


Mine  or 
plantation 
on  county 
line. 


150  PT.  1.— TIT.  7.— CHAP.  1.— Public  Revenue. 


Article  4. — Taxes — How  Returned  and  Collected. 


made  in  the  county  where  tlie  iniprovenients  or  most  of  tlie  im- 
provements are. 
Non-resi-         §  759.  The  provisions  of  tlie  two  preceding  sections  apply  to 
eluded.       non-residents  who  hold  such  property  in  this  State. 
Eeturnsof        §760.  Lauds  and  slavcs,  and  other  property  of  non-residents, 
dents, &c     must  be  returned  and  paid  for  in  the  county  where  the  lands, 

slaves  or  other  property  are  respectively  situated. 
Returns  §  701.  The  rctums  of  all  hanks,  or  companies,  or  persons,  re- 

Gen«raT  &I  ^[uired  to  be  nuide  to  the  Comptroller  General,  must  be  in  wri- 
ting and  sworn  to  by  the  presiding  officer  or  agent  of  a  foreign 
company  to  be  a  just,  true  and  full  return  of  the  capital  stock, 
net  annual  profits  or  other  property  or  effects,  for  which  said 
bank  or  company  is  subject  to  taxation  by  the  laws  of  this  State. 
Payment—  §  762.  Sucli  payments  must  be  made  in  the  funds  in  which 
taxes  may  be  paid  at  the  State  Treasury  free  of  any  expense  to 
the  State, 
other  re-         8  763.  Rctums   of  othcr   companies  and  individuals  may  be 

turna— how  ,11,  1  m  -r-.  • 

made;  tax— made   by   themselves  or  airents,  to  the  proper   Tax  Receiver, 

how  paid.  ;'  .  .  ,  1 

by  the  first  day  of  July  in  each  year,  for  property  held  and  sub- 
ject to  taxation  on  the  first  day  of  April  previously ;  and  pay- 
ments to  the  Tax  Collector  by  the  first  day  of  October  in  each 
year. 
Oath  on  a  §'^64.  Pei'soiis  making  a  special  return  in  counties  of  which 
turn'of  non-  they  are  not  residents,  shall  take  a  special  oath  as  follows : 

"  You,  A.  B.,  do  swear  that  you  are  not  a  citizen  of  the  coun- 
ty of ,  and  that  the  account  you  now  give  in  is  a  just  and 

true  return  of  all  the  pro])erty  which,  by  the  law,  you  are  re- 
quired to  give  in  and  pay  for  in  the  county  of ,  and  that 

it  is  not  worth  more  than  the  valuations  you  liaye  affixed  to  it  to 
the  best  of  your  knowledge  and  belief.     So  help  you  God." 
oathongen-      § '^^•'^-  Pei'soiis  making  a  general  return  must  take  tlie  follow- 

eral  returns,  j^g^^t^^. 

"  You  do  solemnly  swear  or  affirm,  that  the  account  you  now 
give  in  is  a  just  and  true  return  of  all  the  taxable  property,  in- 
cluding solvent  notes,  bonds,  open  accounts  or  other  obligations 
for  money  on  persons  in  other  States,  or  bonds  of  the  Confederate 
States  or  of  other  States,  or  bonds  of  corporations  or  companies 
of  other  States,  or  shi2-)ping  at  sea,  which  you  were  possessed  of, 
held  or  claimed  on  the  first  day  of  April  last,  or  was  interested 
in,  or  entitled  unto  either  in  your  own  right  or  in  the  right  of 
any  other  person  or  persons  whatsoever,  as  parent,  guardian,  ex- 


PT.  1.— TIT.  7.— CHAP.  1.— Public  Revenue.  151 

Article  4. — Taxes — How  Returned  and  Collected. 

ecutor,  administrator,  agent,  trustee,  or  in  any  other  manner 
wliatsoever,  and  that  the  vahie  you  have  afiixed  to  it  is  a  just  and 
true  valuation  to  the  best  of  your  knowledge  and  belief,  and  that 
you  have  given  in,  by  number  and  district,  to  the  best  of  your 
ability,  all  the  wild  and  unimproved  lands  you  own  in  this  State. 
So  help  you  God." 

§  766.  If  a  person  so  making  his  return  is  liable  under  the  law  Kxcepuon 
to  make  a  special  return,  he  shall  insert,  at  the  proper  place  in  oath"*^*^ '" 
said  affidavit,  these  words,  "  except  such  property  as  by  law,  I  am 
compelled  to  return  in  some  particular  county  or  counties." 

§767.  When  any  of  the  oaths  aforesaid  are  taken  by  an  agent,  oath  of 
there  sliall  also,  at  the  proper  place,  be  inserted,  that  he  does  so"*"'"'' 
as  agent  for  a  certain  person  or  persons,  or  company,  naming 
them. 

§768.  Such  oaths  taken  by  any  one  member  of  a  lirm  or  imin-oatuofone 
corporated  company,  without  a  presiding  officer,  shall  be  suffi-  Sdlnr 
cient  as  to  said  lii'm  or  company  property. 

§761).  They  are  taken  before  the  Tax  Eeceiver,  who  is  author- (j^t,j3_i^„,^ 
ized  to  administer  them,  but  the  oath  of  non-residents,  females,  *''''^"- 
absentees  and  sick  persons  may  be  written  out  in  full  and  taken 
before  any  person  authorized  to  administer  an  oath  and  delivered 
to  the  Receiver,  w^ho  shall  file  sucli  oaths  in  the  office  of  the 
Clerk  of  the  Inferior  Courts. 

§770.  The  entry  in  the  digests  of  tiie  tax  payers  returns  sliall  nigest- 
be  prima  facie  evidence  of  his  having  taken  sucli  oath,  and  if<k^n"ccr'p'en- 
false  he  is  guilty  of  false  swearing,  and  is  liable  to  be  indicted  oatL.^"''*''^''' 
and  to  be  ])unishcd  therefor,  as  proscribed  for  other  cases  of  false 
swearing  in  the  Penal  Code. 

§  771.  Each  return  shall  be  scrutinized  carefully  by  the  Tax  in  case  of 
Receiver,  and  if  in  liis  judgment  he  shall  find  the  property  em- i>x  rc-"""" 
braced  in  the  return,  or  any  portion  of  it,  returned  below  its  asscsl vtiu«. 
value,  he  sliall  assess  the  value  at   once  or  within  thirty  days 
tliereafter. 

§772.  If  such  assessment  is  not  made  by  the  Receiver  in- subsequent 
stanter,  he  shall  give  the  tax  payer  notice  of  his  assessment,  and  ^"■'""''^"'^'' 
in  either  case  it  shall  be  the  tax  payer's  privilege  to  have  it 
left  to  three  disinterested  persons,  one  of  whom  he  shall  select, 
the  other  shall  be  selected  by  the  Receiver,  and  these  two  shall 
select  a  third  if  they  disagree,  a  majority  of  whom  sliall  fix  the 
assessment. 

§773.  It  is  the  privilege  of   any  tax  payer    of   tlie  county, 


152  PT.  1.— TIT.  7.— CHAP.  1.— Public  Revenue. 

Article  4. — Taxes — How  Returned  and  Collected. 

ft^^eT^e^^  where  a  return  is  made,  to  complain  to  the  Receiver  at  any  time 
tow  its  value.  i^g^Qj.g  j^jg  djgest  is  Completed,  that  anv  return  is  below  the  true 
value  of  the  property,  in  which  case  he  shall  notify  the  person 
who  made  the  return  complained  of,  if  practicable,  verbally  or 
by  \vi*itiiii::,  giving  him  the  name  of  the  complainant  and  the 
ground  of  complaint,  and  shall  proceed  to  have  a  new  assessment 
in  the  terms  of  the  preceding  section. 
Oath  of  as-       §774.  Whenever  such  assessors  are  called  in,  they  shall  take  an 

sessors.  t)  i  j 

oath  before  the  Receiver  to  do  justice  between  the  parties  at  va- 
riance touching  the  true  assessment  of  the  tax  return. 
Defaulting        §  775.  Wlicu  a  tax  payer  has  been  returned  as  a  defaulter  and 
how  re-       doublc  taxcd,  either  by  the  Receiver  or  Collector,  the  Justices  of 

lieved  -when  -r  •         r^ 

doubled      the  Inferior  Court  are  authorized  to  relieve  the  defaulter  of  the 

taied. 

penalt}'  for  default  at  the  time  said  Justices  allow  the  Collector 
his  resolvent  lists,  provided,  that  said  tax  payer  shows  to  such 
Justices  by  satisfactory  evidence  that  either  from  Providential  or 
other  good  cause  he  had  not  an  opportunity  to  make  his  return 
to  the  Receiver  of  Tax  Returns  and  at  the  time  of  such  release 
promptly  pays  his  proper  tax  and  one  dollar  to  the  Collector  as 
his  fee,  the  Collector  shall   promptly  inform   the   Comptroller 
General  of  such  release  and  the  amount  of  taxes  paid. 
Defaulters-     § ^^'^^-  ^^^  defaulters  may  at  any  time  and  for  the  same  causes, 
"douYis  before  the  digest  is  made  up  and  ready  to  be  sent  to  the  Comp- 
troller, save  the  double  tax,  by  likewise  giving  in  to  the  Clerk  of 
the  Inferior  Court  and  paying  him  one  dollar,  who  shall  give  a 
copy  of  such  returns  instanter  to  the  Receiver  and  he  shall  enter 
it  in  the  several  digests. 
Defaulters       §  '^''"^-  ^hc  Clcrk,  in  the  cases  set  forth  in  sections  775  and  776, 
°^^  shall  require  the  tax  payer  to  swear  to  the  cause  of  his  delay, 

and  shall  state  the  same  in  the  copies  furnished  the  Comptroller 
or  Receiver. 
Comptroller  §  778.  The  Comptroller  General  shall  furnish  all  the  Receivers 
furnish  Ke-  of  Tax  Rctums  witli  a  sufficient  number  of  blank  forms  to  con- 
bialk  forms,  fomi  to  ^^hc  tax  laws,  by  which  they  shall  make  out  their  three 
Digest*-     digests  and  each  dio-est  shall  be  of  uniform  size,  and  when  re- 

nowmade.  ^  o  ' 

turned  shall  be  bound  and  labelled. 
K.tum  of  §  770.  In  making  a  return  of  taxable  property  the  person  re- 
made?''^'^  tumiug,  wlicu  making  a  general  return,  shall  give  in  each  tract 
or  lot  of  land  he  may  own,  specifying  its  location  by  number, 
district  and  section,  if  known,  the  number  of  acres,  if  known, 
and  its  aggregate  value,  in  which  must  be  included  the  value  of 


hoT 

from 

tax 


PT.  1.— TIT.  T.— CHAP.  1.— Public  Eevenue.  153 

Article  4. — Taxes — How  Returned  and  Collected. 

the  buildings,  machinery,  toll  bridges,  ferries,  or  other  improve- 
ments thereon  or  appm-tenant  thereto. 

§780.  Such  tosrether  with  the  retm-ns  of  personal  estate  andEetnms— 
Other  interests,  the  sul^ject  of  taxation,  must  be  returned  and  set  in  dig^^ste. 
dowTi  in  the  digest  in  separate  colunms  according  to  the  classifi- 
cation furnished  the  Receivers  by  the  Comptroller  General  in 
each  year,  and  their  aggregate  value  carried  out,  less  the  ex- 
emptions, such  being  specified. 

§781.  The  Receiver  must  make  out  three  of  such  digests  in  aNumbprof 
fair  and  legilile  hand -writing,  and  furnish  by  the  first  day  of  whom  fur- 
August,  in  each  year,  one  to  the  Comptroller  General,  one  to  the 
Clerk  of  the  Inferior  Court  and  one  to  the  Tax  Collector. 

§782.  If  a  Receiver  makes  a  mistake  in  his  digest,  it  is  the  Mistakes  in 
duty  of  the  Comptroller  General,  with  the  sanction  of  the  Gov-rccted. 
ernor,  to  correct  such  mistake  by  making  the  necessary  entries  in 
the  digest  furnished  the  Comptroller,  and  must  in  writing  notify 
the  Clerk  of  the  Inferior  Court  and  the  Tax  Collector  of  the 
county  from  which  such  digest  comes,  of  such  mistake  and  cor- 
rection. 

§783.  If  by  reason  of  such  mistake,  or  from  any  other  cause,  Tax  ovcr- 
a  tax  payer's  money  is  in  the  treasury  for  a  greater  amount  than  Fefunde/ 
he  is  liable  for,  of  which  such  officer  is  clearly  satisfied,  he  may  Treasury. 
certify  the  same  to  the  Governor,  who  shall,  if  he  approves,  draw 
his  warrant  on  the  Treasurer  in  favor  of  such  tax  payer  for  the 
projier  amount,  out  of  any  monies  not  otherwise  appropriated. 

§784.  If  such  mistake  is  ascertained  before  the  Tax  Collector  And  before 
has  paid  the  amount  into  the  treasury,  the  Comptroller  General,  rrcJury. 
with  the  sanction  of  the  Governor,  shall  authorize  such  Collector 
to  refund  the  amount,  or  if  he  has  not  collected  it,  to  order  him 
to  desist. 

S785.  When  anv  similar  cases  arise,  which  are  doubtful  in  the  doubtful 

o  „  7  cases. 

opinion  of  the  Governor,  he  shall  refer  the  matter  to  the  General 
Assembly. 

§  786.  If  a   person   fails   to  make  a   return  in   whole  or  in  Defaulters 

f.   .1  r\^  1  1   ■  ,      .        1  ^  /,      1       to  bi^  doubly 

part,  or  tails  to  atnx  a  value  to  Ins  property,  it  is  the  duty  ot  the  taxed. 
Receiver  to  make  the  valuation  and  assess  the  taxation  thereon, 
and  in  all  other  respects  to  make  the  return  for  the  defaulting 
person,  from  the  best  information  he  can  obtain,  and  having  done 
so,  he  shall  double  the  tax  in  the  last  column  of  the  digest  against 
such  detaulters,  after  having  placed  the  proper  market  value  or 
specific  return  in  the  proper  column. 


154  PT.  1.— TIT.  7.— CHAP.  1.— Public  Revenue. 


Article  4. — Taxes — How  Returned  and  Collected. 


Propertynot     ^787.  If  tlierc  is  taxable  property,  real  or  personal,  in  a  coun- 

returned  to  ^  i.       r        ..  '  i  7 

be  dmibiy     tv,  cxcoi)t  vacant  or  wild  lands,  that  to  the  satisfaction  of  the 

taxed  by  Ke-  . 

ceivcror      Receiver,  when  he  comes  to  conclude  liis  dio-est,  is  not  returned 

Collector.  '  n        5 


by  any  person,  and  he  does  not  know  the  owner  or  possessor,  it 
is  his  duty  to  assess  and  double  tax  it,  describing  it  particularly, 
and  the  same  power  is  conferred  on  the  Tax  Collector,  as  to  such 
property,  when  not  assessed  or  overlooked  by  the  Receiver, 
whendc-         §  T'^S.  If  persons  who  are  required  to  Lcive  in  land  and  negroes 

fau  Iters  not    .         ■,  .  ,  ,  ...  '  ,  i      ti     i         t?   t  i 

liable  lor      m  tlio  couutics  whcrc  Situate  lau  so  to  do,  they  shall  be  liable 

double  tax.  1       j-  ^  i  i  i  i         -r-»  •  "    i  i  •   -i 

only  lor  the  real  tax  assessed  by  the  Receiver,  unless  they  tail  to 
pay  the  amount  by  the  time  required,  in  which  event  the  Collec- 
tor shall  collect  the  double  tax  and  issue  process  therefor. 
Agents  of        §  789.  All  pei'sous  who  give  in  property  for  persons  not  resident 
dents  per-     iu  the  State,  shall  be  personally  lial)le  for  the  taxes,  as  well   as 

sonally  ,  •        •        i  i   i   • 

liable.         tJie  principal  and  his  property. 

When  Col-        §700.  The  several  Tax  Collectors  must  pav   into  the  State 

lectors  to  ^     • 

pay  taxes      ircasury  the  taxes  of  their  respective  counties  by  the  twentieth 

into  Irca-  "i  i.  .. 

8ury  ami      Jav  of  December  of  each  year,  and  shall  at  the  same  time,  pre- 

present  in-  "  ./  7  7  j. 

solvent  list,  sent  their  insolvent  list,  duly  certified  to  have  been  allov/ed  them 
by  the  Grand  Jury,  or  the  Justices  of  the  Inferior  Court  if  the 
Grand  Jury  has  not  acted  in  the  premises. 

Disposition       §791.  Wlieii  siich  lists  are  allowed  they  must  be  entered  on 

list-when  the  minutes  of  the  Inferior  Court,  and  the  Clerk  thereof  must 
furnish  the  Collector  certified  copies  thereof,  stating  in  tlie  cer- 
tificate when  and  by  what  tribunal  allowed. 

Unallowed        §792.  Collcctoi's  sliall  uot  be  credited  by  the  Comi^troller  Geii- 

insolvent  i         •  i  •  •/  i 

list-when    eral  with  an  insolvent  list,  without  beino;  thus  allowed,  unless 

to  be  placed     it.  ., 

lo '^s'^credit   ^     -^  have  first  made  Iwnajide  applications,  as  required  by  law,  to 
the  proper  tril)unals  and  liave  failed  to  have  them  allowed,  from 
some  cause  not  of  their  fault,  as  the  failure  of  tlie  Court  or  Jus- 
tices to  meet,  or  for  some  Providential  cause,  which  fact  shall  be 
certified  to  tlie  Comptroller  General  by  the  Clerk  of  the  Superior 
Court,  when  sulficient  evidence  shall  be   produced   to  show  that 
the  list  was  insolvent. 
When  not.        §793.  They  shall  not,  under  any  circumstances,  be  allowed  or 
credited  with  such  lists  after  executions  are  issued  against  them 
for  taxes,  until  they  go  to  the  Comptroller  General  and  settle 
fairly  and  fully  with  him. 
shain.c""''       §794.  The  time  l)y  which  digests  shall  be  completed,  and  the 
Recdvl-rs     taxcs  paid,  does  not  a})ply  to  Receivers  and  Collectors  who  have 
tors.  "  ""'  not  been  in  ofiice  h)ng  enough  to  make  such  compliance,  but  in 


PT.  1.— TIT.  7.— CHAP.  1.— Public  Kevenue.  155 

Article  4. — Taxes — How  Returned  and  Collected. 

all  such  cases  siicli  officer  must  respond  to  the  requirements  of 
the  Comptroller  General. 

§795.  Such  officers  are  not  liable  for  the  i)enalties  fixed  for  Ncwiy  elect- 
those  regularly  elected,  until  after  the  time  allowed  bv  the  Comp-  and  coiiec- 

n  /^  11  •        1  1  11  1  "  1  •      tor  to  have 

troller  Cieneral  has  expired,  unless  they  have  been  so  long  m  time. 
office  as  would  have  been  sufficient  for  the  regular  officers, 

§796.  It  is  the  duty  of  tlie  Collector  to  examine  the  digest  of  collector  to 

1         T»  •  1     •  !•   1         1  /•  1     p       1  1  examine  di- 

the  Keceiver,  and  it  he  knows  oi  any  deiauit  not  entered,   to  gest  of  ko- 

._  _       cci  vcr  to 

make  a  schedule  of  such  in  the  same  manner  as  done  by  the  Re-  ni«kc  k 

i>  111  1  f>  11  scliedulo  of 

ceiver,  and  ot  any  other  that  he  may  then  or  afterwards  learn,  defaulters 

,       \     ^      .  '  1  .  '  and  to 

and  of  their  property,  and  assess  a  double  tax  in  the  same  man-  'i,""i^ie  tax 

^  i.       X.         ^  y  _  tiio  same. 

ner  the  Receiver  is  allowed  to  do,  one  copy  of  which  shall  be  fur- 
nished to  the  Comptroller  General  to  add  to  the  digest  in  his 
office,  and  another  to  the  Receiver,  who  shall  likewise  correct  his 
digest. 

§  797.  And  in  other  cases  where  any  unexpected  obstacles  oc-  comptroller 
cur  to  completing  the  digest  or  paying  over  the  taxes  within  the  aiu?w7u"''^ 
time  prescribed,  it  is  in  the  discretion  of  the  Comptroller  General 
to  allow  further  and  sufficient  time. 

§798.  Receivers  and  Collectors  are  required  to  receive  the  re- Taxes  for 
turns  and  to  collect  the  taxes  thereon  for  former  years,  when  any  J^Iow  r^*^-*" 
person  or  county  are  in  default,  which  taxes  shall  be  assessed  ac-  collected, 
cording  to  the  law  in  force  at  the  time  the  default  occurred,  and 
shall  be  so  specified  in  the  digest. 

§  799.  The  estate  of  any  person  shall  not  be  liable  for  default  Estate  not 
when  said  person  may  have  died  before  the  time  expired  for  giv-  fault— when; 
ing  ill  taxes  for  the  year,  and  the  representatives  or  any  heir  may  event  to  be 

ji  1    •  !•         1  1  i        1      11  doubly  tax- 

give  111  the  same,  and  m  any  event,  lor  that  year,  such  estate  shall  ed  tiio  first 

11-11  111  year. 

not  be  liable  to  double  tax. 


156 


PT.  1.— TIT.  7.— CHAP.  1.— Public  Eeyenue. 


Article  5.— Delinquc^c  Tax  Payers  and  Proceedings  against  them. 


ARTICLE  Y. 

DELINQUENT  TAX  PAYERS  AND  PROCEEDINGS  AGAINST  TIIEM. 


Section'. 

813.  Sales  under  tax^. /a.s. 

814.  Excess — how  disposed  of. 

815.  Conveyance  to  purchaser. 

816.  Purchaser  to  have  possession. 

817.  Property  exempt  from  sale. 

818.  Claims — condition  of  claim  bond. 

819.  Unreturned  property — proceeding. 

820.  Owner  may  redeem  land  sold. 

821.  Defaidting  free  negroes,  &c. 

822.  Ta.xji.fa.  runs  to  any  county. 

823.  Penalty  against  defaulting  brokers. 

824.  Defiiulting  corporations,  &c. 


Comptroller 
General  to 
issue,^'./(/. 
.igalnst  cer- 
tain delin- 
quents. 


Penalty 
against  de- 
linquent in- 
corporations 


Penalty 
against  cor- 
porations 
&c. 


Penalty 
against  for- 
eign Insur- 
ance Compa- 
nies, &C. 

Penalty 
against  lot- 
tery dealers, 


Where  no 
return 
Comptroller 
General  to 
assess  tax. 
Fi.fas.  is- 
sued by 
Comptroller 
General 
against  a 
CompMiy — 
how  direct- 
ed, &c. 


Sectio.v. 

800.  Defaulting  corporations. 

801.  Forfeiture  of  charter,  Ac. 

802.  Penalty  where  none  is  fixed. 

803.  Default  tax  on  foreign  corporations. 

804.  Penalty  on  lottery  dealers. 

805.  Assessments  in  absence  of  returns. 

806.  Fi.  fa.  vs.  corporation. 

807.  Fi.  fa.  vs.  agent — how  executed. 

808.  Duty  of  collecting  officer, 
son.  Relief  of  one  unjustly  put  in  default. 

810.  Collector s  yi. /a. — how  issued,  &c 

811.  By  whom  and  how  executed. 

812.  Authority  of  Constable. 

§  800.  If  any  corporation,  company,  person,  agency  or  institu- 
tion, who  are  required  to  make  their  returns  to  the  Comptroller 
General,  shall  fail  to  return  the  taxable  property  or  specifics,  or 
pay  annually  the  taxes  for  which  they  are  liable  to  the  State 
Treasurer,  the  Comptroller  General  shall  issue  against  them  an 
execution  for  the  amount  of  taxes  due,  according  to  law,  together 
with  the  costs  and  penalties. 

§  801.  The  penalty  against  all  such  corporations  shall  be  the 
forfeiture  of  their  charters,  and  if  not  chartered  by  this  State, 
then  the  immediate  suspension  of  their  business  therein. 

§  802.  The  penalty  or  default  tax  on  banks,  railroads,  and  oth- 
er corporations,  where  there  is  no  special  provision,  shall  be  three 
times  the  amount  of  their  lawful  tax. 

§  803.  The  penalty  or  default  tax  on  foreign  insurance  compa- 
nies shall  be  five  hundred  dollars,  on  foreign  bank  agencies  two 
thousand  dollars,  on  express  companies  ten  thousand  dollars. 

§804.  Tlic  })enalty  on  lottery  dealers,  if  there  should  be  any 
authorized  by  the  laws  of  this  State,  shall  be  three  times  the 
amount  of  tlie  taxes  assessed. 

§  805.  When  there  is  no  return  by  which  to  assess  the  tax,  the 
Comptroller  General  shall,  from  the  besc  information  he  can  pro- 
cure, assess  in  his  discretion. 

§806.  The  executions  issued  by  the  Comptroller  General 
against  any  bank  or  other  company,  shall  be  directed  to  all  and 
singular  the  Sheriffs  and  other  lawful  otiicers  of  this  State,  with 
directions  to  levy  the  same  on  the  property  of  the  corporation  or 


FT.  1.— TIT.  7.— CHAP.  1.— Public  Eevenue.  157 

Article  5. — Delinquent  Tax  Payers  and  Proceedings  against  them. 

company,  with  power  to  issue  and  serve  garnisliments  upon  the 
debtors  of  the  corporation. 

S807.  The  executions  as-ainst  aorents  of  forei2:n  institutions  ^'./rt-!.  vs. 

/>  •11111  '^1  ••1  1   •  .ifentsoffor- 

as  aioresaid,  shall  be  aganist  the  principal,  agent,  or  his  successor,  cignCompa- 
and  shall  authorize  the  officer  to  levy  on  all  the  property  of  the 
agency,  to  seize  its  money,  notes,  or  other  effects. 

§  SOS.  When  an  officer  collects  money  on  such  process  or  on  Money  rais- 
any  other  issued  hy  the  Comptroller  General,  he  shall,  without.A./?/".''to''be 
delay,  remit  the  same  to  him  by  some  safe  and  speedy  method,  and  s"nt  to''^'''  ^ 
on  failure  to  do  so  is  liable  as  he  would  be  to  other  plaintiffs.  oln^rli  " 

§809.  AVhen  a  person  shall  have  lawfully  returned  and  paid  oncwronRiy 

^  ■      .  •  .  I'j^i^i  if.1  .  1        iudgedade- 

Jiis  taxes  ill  one  county,  and  is  treated  as  a  deiaultcr  in  another  fauitc:^-how 
for  the  same  tax,  or  any  portion  thereof,  tlie  Grand  Jury  or  the 
Justices  of  the  Inferior  Court  of  the  county  claiming  the  tax, 
may  discharge  said  defaulter,  which  will  exempt  him  from  liability 
for  it,  and  shall  authorize  the  Comptroller  to  credit  the  Collector 
for  the  same,  and  the  Governor  to  draw  his  warrant  therefor. 

§810.  Executions  for  non-payment  of  taxes,  against  persons  Tax  coiiec- 
who  are  not  required  to  pay  to  the  Treasurer,  are  issued  by  the  -C'tien'^lnd 
Tax  Collectors  of  their  respective  counties  as  soon  as  the  last  day  ^"^  '*^^*'^*^' 
for  payment  has  arrived,  and  must  be  directed  to  all  and  singular, 
the  Sheriffs  and  Constables  of  this  State. 

§811.  Executions  may  be  levied  by  eitlier  of  the  officers  to  By  whom 
whom  directed,  or  other  officer,  who  by  law  may  be  authorized  sales  under, 
in  their  place ;  when  the  principal  amount  does  not  exceed  fifty 
dollars,  the  levy  and  sale  must  be  made  by  a  Constable  and  not 
otherwise;  if  the  Constable  levies  on  laud  or  negroes,  they  must 
be  returned  to  and  sold  by  the  Sheriff"  of  the  county. 

§812.  The  Tax  Collector  may  place  his  fi.fas.  in  the  hands  of  constable 
any  one  Constable  of  the  county,  who  shall  be  authorized  to  col-  any  p^rt  of 

1,1  ,1  •  ,       (»     1  the  county. 

lect  or  levy  the  same  m  any  part  oi  the  county. 

§  813.  Sales  under  tax  fi.  fas.  shall  be  made  under  the  same  saies  under 
rules  governing  other  judicial  sales.  tax >./««. 

§  814.  If  there  is  any  excess,  after  paying  taxes  and  all  ex-  exccss- 
penses,  it  shall  be  immediately  paid  to  the  person  authorized  to  '*^'^'""  ' 
receive  it. 

§815.  The  deed  or  bill  of  sale  made  bv  such  officer  shall  be  Deed  made 
lust  as  valid  to  the  i>urchaser  as  it  made  under  tlie  ordinary  pro- ^x./*'-/"- 
cess  ot  law  issuing  irom  the  Superior  Court. 

§816.  The  officer  selling  has  the  authority  to  put  purchasers  in  J,SK 
possession  of  land  sold,  as  in  other  cases.  CT*^'"""^ 


158  FT.  1.— TIT.  7.— CHAP.  1.— Public  Revenue. 


Article  5. — Delinquent  Tax  Payers  and  Proceedings  against  tliem. 


true  owner. 


Land  sold 


Property  ex-  §817.  Property  exempted  from  levy  and  sale  ordinarily,  is 
empt  rom    g^^jj-^p^g^j  fj.Q^j^  Igyy  ^nd  Sale  for  taxes. 

Claim  may  §818.  Wlien  propcrty  is  levied  on  under  a  tax  /.  fa.^  issued 
J^seTwhcn  either  by  the  Comptroller  General  or  Tax  Collector,  it  may  be 
kvifdf'''  '*  claimed  by  a  third  person,  and  tried  in  the  same  manner  as  other 
gh4™bon?  claims  are,  except  that  the  claimant  shall  give  a  bond  and  securi- 
aWe  a°s  on '''ty  for  the  eventual  condemnation  money,  and  if  found  subject, 
appeal  bond.  ^^^^  claimant  and  his  sureties  shall  be  in  all  respects  liable  as  on 

Property  not  ap{)eal  boud. 

Msesse^dto"'  §819.  "When  property  is  assessed  for  taxes  which  has  not  been 
h?red!*l)ver-  rctumcd  by  any  one,  as  soon  as  assessed,  the  Tax  Collector  shall 
onUM^,**  at  once  issue  an  execution  against  it  for  the  amount  due  and 
daiireYby  costs,  and  the  Sheriff  shall  advertise  it  for  sale  in  some  public  ga- 
zette ninety  days  before  the  day  of  sale,  and  if,  by  said  day,  the 
taxes  are  not  paid,  it  shall  be  sold,  provided,  renting  or  hiring 
will  not  bring  the  requisite  amount.  AVhatever  overplus  there 
may  be  shall  be  paid  over  to  the  Ordinary  as  a  part  of  the  Edu- 
cational Fund,  with  a  statement  of  the  property  and  account  of 
sales,  subject  to  the  claim  of  the  true  owner  within  four  years, 
under  tax/.      §820.  AVlienevcr  any  land  is  sold  by  virtue  of  a  tax  execution 

fa.  may  be  o  ''  >    i        i   i 

redeemed  by  |gg^e(j  undcr  tliis  Codc,  the  owucr  tlicreof  shall  have  the  privilege 

owner.  '  ^  "-^ 

of  redeeming  said  land  tlius  sold,  within  one  year,  b}^  P^^yhig  the 
purchaser  the  amount  paid  by  said  purchaser  for  said  land,  with 
ten  per  cent,  premium  thereon,  from  the  date  of  the  purchase  to 

Free  nefrroes  the  time  of  payment. 

b^  hired  out  §  821.  Free  persons  of  color,  whose  taxes  are  not  paid  and  have 
not  property  sufficient,  shall  be  hired  out,  from  year  to  year,  at 
any  time,  on  ten  days'  public  notice,  and  the  overplus,  if  any,  paid 

status  when  to   the  guardiau.     A  written  direction  from  the  Tax  Collector 

^valtoit     shall  be  sufficient  authority  for  such  hiring  by  the  Sheriff.     The 

^^''^'''  status  of  the  free  person  of  color,  during  the  time  of  hiring,  is 

Tax/./«.     that  of  a  slave. 

wSnty."""^  §822.  If  there  is  not  sufficient  property  in  the  county  where 
the  tax  payer  resides  to  satisfy  the  taxes,  property  situated  in 
any  other  county,  is  the  subiect  of  levy  and  sale. 

Brokers,  &;c.,        •■'  i  t-»  -n       i 

failing  to  re-      g  823.  If  auy  Broker,  Private  Banker,  or  Exchange  Merchant, 

turn  amount        o  ./  ^  i  ^  > 

of  capital,     Qi-  their  Agents,  in  this  State,  fail  to  return  the  amount  of  capi- 

taxed  $500.  °  '  .  '  ^ 

tal  they  intend  to  employ  during  the  year,  they  shall  pay  a  tax 
T^ ,  ,,.       of  five  hundred  dollars,  to  be  levied  and  collected  as  other  taxes. 

Defaulting  ' 

companies.  g  824.  Any  incorporated,  or  other  company,  making  default, 
shall  be  taxed  by  the  Collector  as  such  defaulters  are  by  the 
Comptroller  General. 


PT.  1.— TIT.  7.— CilAP.  1.— Public  Eevenue.  159 


Article  6. — Delinquent  Tax  Receivers  nnd  Collectors  and  Proceedings  against  them. 

AKTICLE  YI. 

DELINQUENT  TAX  RECEIVERS  AND  COLLECTr)RS  AND  PROCEEDINGS 

AGAINST  THEM. 

Section.  ISectiox. 

825.  Penalty  for  not  completing  Digest.  \  833.  Amount  of  penalty. 

826.  Penalty  for  improper  Digest.  ;  834.  J'/. /as.  vs.  Tax  Officers. 

827.  Penalty  for  useless  Digest.  |  835.   Howy?. /a.  may  be  suspended. 

828.  Receivers'  liability — how  enforced.  '  836    Property  bound  from  date  of  bond. 

829.  Penalty  for  false  Digest.  837.  Sales  under  fi.  fa.s.  vs.  Tax  Officers. 

830.  Penalty  for  deceiving  tax  payer.  \  838.  Collector  must  await  digest. 

831.  Altering  Digest  by  Collector.  839.  M  ust  give  bond,  &c.,  before  ho  collect. 

832.  ^7. /a.  vs.  Cftllect^ir  and  Sureties.  f^lO.  Governor  mny  vacate  commissions. 

§825.  If  a  Tax  Receiver  fiiil.s  to  liave  his  digest   completed  Koooivcr 
and  deposited  by  the  first  day  of  August  in  each  year,  unless  ex-  compfoto  di 
cused  by  the  terms  of  the  law  or  by  the  Comptroller  General,  hewt'commi* 
forfeits,  for  every  week's  delay,  one-tenth  of  his  commissions;""""' 
and  if  the  delay  extends  beyond  thirty  days  he  forfeits  one-half 
his  commissions  ;  and  if  beyond  the  time  when  tlie  Governor  and 
Comptroller  tix  the  rate  per  cent.,  he  forfeits  all  his  commissions. 

§826.  If  he  fails  to  make  out  his  digest  in  the  manner  pre- FaiiinR  to 
scribed  by  law,  or  to  comply  with  the  directions  given  him  by  lllr  dipc^s't," 
the  Comptroller  General,  in  so  doing  he  forfeits  one-half  hi.-;  com- hair 


to  forfeit 

f  commis- 
sions. 

missions. 

§827.  If  such  digest  is  made  out  so  badlv  a.s  not  to  answer  tlic  Making  .i 

,.  ,  1        ,         \  1       i>      £>  •  11  1  •       '  •      •  1  useless  di- 

purpose  ot  the  tax  laws,  he  torieits  all  his  commissions,  and  must  cest,  to  for- 
be  removed  from  office  by  the  Justices  of  the  Inferior  Court,  on  missions  and 

l)c  rcmovGtl 

the  request  of  the  Comptroller  General. 

§  828.  If  he  receives  commissions,  which  he  is  not  entitled  to  BecominR 

,     •  •  ,  1  ,  ,        ^.indebted  t" 

receive  or  retain,   or  in  any  other  manner  becomes  possessed  of  the  state- 
any  money  belonging  to  the  State,  or  incurs  any  liability  thereto,  i!4ire  again 
the  Comptroller  General  is  autliorized  to  issue  execution  or  other 
legal  process  against  him. 

§829.  If  a  Receiver  makes  a  false  return  in  cither  of  his  di-Makin- false 

,  ,.  Tiinnrt  1       return  to  an- 

gests,  expressive  ot  more  than  is  returned,  he  shall  forfeit  to  theswerto  par- 

.,.,,  .  ^  ty  agricved. 

party  aggneved,  m  all  cases,  one  hundred  dollars,  and  if  the 
amount  out  of  which  such  party  is  defrauded  by  such  return  is 
more  than  one  hundred  dollars,  then  ten  dollars  for  every  one 
dollar  over  that  amount,  to  be  recovered  by  a  qui-tam  action. 

§  830.  If,  by  any  device,  intentionally,  he  causes  the  tax  payer  Liable  for 
to  pay  more  than  his  lawful  tax,  the  provisions  of  the  preceding  tax  ply"?. 
section  apply. 


160  PT.  1.— TIT.  7.— CHAP.  1.— Public  Revekue. 

Article  C  — Delinquent  Tax  Reoeivera  and  Collectors  and  Proceedings  against  them. 

Collector         8  831.  If  auv  Collector,  with  fraudulent  intent,  altere  the  di- 
aitcrinpdi-   rrest  rcndcrcd  to  lum,  or  anv  other  ot  tlie  dij>:ests  ot  his  county, 

pest,  fruiltv  ,  ,*  ..  1111  •111*^ 

offort'ery.'  lie  is  j^uilty  ot  lorgcry,  and,  on  conviction,  sliali  be  punished  by 
imprisonment  in  the  Penitentiary  for  not  less  than  two  nor  long- 
er than  ten  years. 
Execution  to  §  832.  If  any  Collector  shall  fail  to  settle  his  accounts  with  the 
hiToS*'  Comptroller  General  in  the  terms  of  the  law,  he  shall  issue  exe- 
hls^^w^nt^  cution   against  him  and  his  sureties  fur  the  ])riiicip;il  amount, 

with  the  penalty  and  costs. 
Amountof       §^33.  The  penalty  is  twenty  i>er  cent,  per  annum,  u])(>n  the 
penalty.       amouut  retained,  i'mm  tlie  time  of  dci'uult  until  I'uid,  mIu'cIi  in- 
cludes interest. 
ri./a*.  §834.  All  executions  and  other  ])rocess  against  Collectors  and 

i^Show  Receivers  must  be  directed  to  all  and  singular  the  Sheriffs  of  this 
wc^uted.""*^  State,  and  must  he  executed  by  them,  their  lawful  deputy,  or 

other  officer  lawfully  in  their  stead. 
Not  to  he         §835.  Executions  so  issued  shall  not  be  suspended  or  delayed 
suspended,   ^^^  ^^^^^  judicial  interference  with  them,  but  the  Governor  may 
suspend  the  collection  not  longer  than  the  next  meeting  of  the 
General  Assembly. 

S  836.  The  property  of  Collectors,  Receivers  and  of  their  sure- 

Property  of"  11./  .  r      t      •       t  ^         n  ^ 

Collectors,    tjeg  are  bound,  from  the  execution  ot  their  bonds,  for  the  pay- 

Itecclvcrs,  '  '  ,    ,      .       t       . 

'^<=-  ment  of  taxes  collected  and  the  discharge  ot  their  duties. 

Lev  and         §  ^^^-  '^^^^  proccediugs  in  selling  property  under  such  execu- 
Tfcu'^c    tions  must  be  the  same  as  wndcr  Ji.  fas.  issued  from  the  Superior 
Court. 

§  838.  If  any  Collector  shall  collect,  or  attempt  to  collect  any 

Collcctornot        "  t-.         .  i  .,,.,. 

to  collect     taxes  before  the  Receiver  has  comi)leted  and   transmitted  his  di- 

taxcs,  ikc 

gest  to  the  Comptroller  General,  unless  specially  so  ordered  by 
such  officer,  or  allowed  by  special  enactment,  he  forfeits  to  the 
State  doulde  the  amount  so  collected,  or  attempted  to  be  col- 
lected, to  be  recovered  by  execution  issued  by  the  Comptroller 
General. 

§  839.  If  any  Collector  collects,  or  attempts  to  collect,  any  tax 
to  collect  lax  before  lie  has  giyen,  and  had  approved  the  necessary  bonds  and 
ing bond,  Jcc  security,  and  taken  the  oaths  of  office,  he  is  guilty  of  a  misde- 
meanor, and,  upon  indictment  and  conviction,  shall  be  lined  not 
less  than  one  hundred  dollars,  and,  in  addition,  double  the  amount 
so  collected,  and  in  default  of  payment  three  months'  imprison- 
Governor     mGut  iu  the  comiupu  jail.     The  Governor  may  vacate  the  com- 
foSJiS.  missions  of  defaulting  Tax  Collectors,  or  of  Tax  Receivers  failing 


PT.  1.— TIT.  7.— CHAP.  1.— Public  Eevenue.  161 


Article  7. — Tax  Receivers. 


or  refusiiiii;  to  do  tlieir  duty,  and  in  such  event  the  vacancy  shall 
be  filled  in  the  manner  prescribed  for  other  vacancies. 


AETICLE  YII. 

TAX   in-;CKIVEHS. 

Sbotion.  .Section-.                                                                     •» 

840.  now  Receivers  are  elected.  &c.          i  S46.  Penalty  for  rofusinu:  ictiirn. 

Sti.  Vacancies — how  filled.  i^-i~-  Party  refused,  i^c. 

842.  Receiver's  oath.  I  8-18.  Clerk  must  forward  returns. 

843.  Liability  on  bond.  1  849.  Claim  of  right  to  assess — no  refusal 

844.  Receiver's  duties  specified.  •  850.  Receiver's  pay  from  county. 

845.  His  failure  to  advertise — no  excuse. ! 

§840.  Tax  lleccivers  sludl  be  elected  on  the  first  "Wednesday  Tax  Kecciv- 
in  January  of  each  year,  for  the  term  of  one  yeai-,  an<l  are  com- elected,  &c. 
missioned  and  qualified  as  Clerks  of  the  Superior  Court  are. 

^841.  Vacancies  are  filled  as  vacancies  for  such  Clerks,  but  ifvaeancics— 
there  is  not  time  to  fill  the  same  by  the  first  day  of  May  in  each'""''""'"'' 
year  by  election,  the  Justices  of  the  Inferior  Court  shall  aj)point 
one,  who  shall  discharge  the  duties  of  the  office  for  the  balance 
of  the  year. 

§  842.  Such  Receiver,  whether  elected  or  apppointed,  before  Keeeiver's 
entering  on  the  duties  of  his  office,  besides  the  oath  required ''''*''■ 
of  all  civil  officers,  must  take  rfiid  subscribe  the  following  oath : 

"  I  swear  that  I  will  truly  and  faithfully  perform  the  duties  of 
Receiver  of  returns  of  taxable  property,  or  of  persons  or  thino-s 
specially  taxed  in  the  county  to  which  I  am  appointed,  as  re- 
quired of  me  by  the  laws,  and  will  not  receive  any  return  but  on 
oath  or  affirmation,  and  will,  before  receiving  returns,  careiiiUy 
examine  each,  and  M'ill,  to  the  best  of  my  ability,  carrv  out  all 
the  requirements  made  upon  me  bv  the  tax  law.  So  help  me 
God." 

lie  shall  also,  at  the  same  time,  give  bond  and  security  in  Amount  of 
double  the  amount  of  the  taxes  due  the  State  in  his  county,  ta-iond!^"^ 
king  the  taxes  of  the  }»rcvious  year  as  a  basis,  subject  to  be  in- 
creased or  diminished  according  to  the  rate  per  cent,  of  taxa- 
tion and  the  directions  of  the  Comptroller  General. 

§843.  Receivers  and  their  sureties  are  liable  on  tlieir  bonds  Li.abjjity of 
for  all  penalties  or  forfeitures  they  may  incur  imdev  the  laAv,  ^c,'^""'^'"^ 
and  tbr  all  losses,  or  damage,  or  expense  the  State  may  sus- 
tain by  reason  of  their  conduct. 
'll 


162  rX.  1.— TIT.  7.— CllAr.  1.— Public  liiiviiNUE. 

Article  7. — Tax  Receivers. 
Duties  of         §844.  It  is  his  duty — 

Eeceiver  '       n-.  •  n  /•  ,  ■   i  •        ^i         ,•  i     •  i 

•numeroud.      1,  1  o  recGive  all  retuHis  01  taxGs  Mitlim  the  tunc  aiul  m  tlic 
iiiaiiiKT  ])re^(•l•ibed  bv  law. 

2.  T«»  make  out  aud  perfect  tl»c  tliroe  <li<j:;ests  in  writing  and 
figures  i>lainly,  legibly  and  neatly,  and  to  properly  deposit  them. 

3.  To  give  ten  days'  notice  in  writing  of  tlic  several  times  and 
places  at  which  he  will  attend  in  the  several  Militia  Districts  of 
the  county,  for  the  purpose  of  receiving  tax  returns. 

4.  To  attend  at  such  place  at  least  three  times  during  the  time 
allowed  in  which  to  make  returns. 

5.  To  keep  a  standing  advertisement  as  to  the  day  or  days 
when  he  will  be  at  the  county  site  for  such  purpose. 

6.  To  receive  tax  returns  at  any  time  when  a  tax  payer  a})plies 
to  give  in. 

T.  To  embrace  in  his  digest  to  the  Comptroller  General,  the 
Clerk  of  the  Inferior  Court  and  the  Tax  Collector,  respectively, 
a  list  of  all  defaulters,  and  the  amount  of  their  true  and  double 
tax,  and  of  all  property  assessed  by  them  and  returned  by  no  one, 
or  other  S2)ecial  action  had  in  conformity  to  the  laws. 

S.  To  publish  at  the  door  of  the  Court  House  for  thirty  days 
lists  of  all  the  defaulters  and  the  amount  of  their  double  taxes. 

9.  To  take  from  each  tax  payer  resident  of  the  county  at  the 
time  of  receiving  his  tax  returns  the  number  of  his  own  children 
between  the  ages  of  six  and  eighteen  years,  and  those  for  whom 
he  is  guardian,  and  enter  the  same  in  the  proper  place  and  col- 
umn in  the  digests. 

10.  To  assess  upon  the  digests  deposited  witli  the  Clerk  of  the 
Inferior  Court  the  county  taxes  according  to  law,  and  the  rate 
per  cent,  levied  by  the  Justices  of  the  Inferior  Court. 

11.  To  conform  to  such  rules  as  he  may  be  furnished  with, 
and  to  obey  such  orders  as  may  be  given  by  the  Comptroller 
General. 

12.  To  perform  all  other  duties  that  the  law  requires,  and 
which  necessarily  under  the  law  appertain  to  his  office. 

S  845.  It  shall  not  be  an  excuse  to  any  person  for  not  nuiking 
of  Receiver,  a  rctum    of  liis  taxcs  as  the  law  requires,  that  the  Ileceiver 

should  fail  to  advertise  or  fill  his  appointments. 
Kefusjii  of        §  ^'^^'-  ^^  ^^^y  I'^ecelver  refuses  to  receive  any  return  of  taxes 
Kecdvcr^to  ^iien  properly  tendered,  and  in  presence  of  a  witness,  and  in  the 
turns,  &&     ^jj-j-^e  i\^Q  law  recpiires,  he  is  guilty  of  a  misdemeanor,  and,  on  in- 
dictment and  conviction,  shall  be  fined  not  less  than  fifty  dollars. 


PT.  1.— TIT.  7.— CHAP.  1.— Public  Eevenue.  163 


Article  7. — Tax  Receivers. 


§  847.  The  person  whose  return  is  thus  refused  may  save  a  ono  whoso 
double  tax  by  making  his  return  to  the  Clerk  of  the  Inferior  Mot""ee^n  re- 
Court,  together  with  an  affidavit  in  writing  that  he  tendered  said '"^*^'' 
return  to  the  Eeceiver,  stating  the  time  when,  place  where,  and 
persons  present,  and  that  it  was  refused. 

§  848.  Such  Clerk  shall  forward  a  copy  of  said  return  and  affi-  where  re- 
davit  to  the  Comptroller  General  iustanter,  and  retain  the  orifji- 1"  cierk'of  * 
nals  for  which  he  shall  be  entitled  to  one  dollar  from  the  tax  <-""'ii't"'^ 
payer. 

§849.  The  claim  of  the  Keceiver  to  assess  a  tax  payer's  pro- no  refusal 
perty  is  not  a  refusal  to  receive  a  return.  of^ri  return 

§850.  The  county  shall  pay  the  Receiver  one-half  of  what  the  Receiver's 
Collector  gets  for  collecting  the  countv  tax.  i>ay,&e. 


AETICLE  VIII. 


TAX  COLLECTOR. 


Sectiox. 
85G.  Must  give  bond  before  he  collects. 

857.  Couuty  Collector  appointed — Avheu. 

858.  Collector's  duties  specified. 

859.  Jlia  fiiilures  no  excuse  for  others. 


Sectiok. 

851.  Election  it  qualification  of  Collectors. 

852.  Vacancies — how  filled. 

853.  Collector's  oath. 

854.  Collector's  bond. 

855.  Bond  for  county  tax — how  ajiprov'd. 

§851.  Tax  Collectors  are  elected  at  the  same  time,  in  the  same  Election, 
manner,  for  the  same  term  of  office,  and  are  connnissioned  and  o?Tax  cil- 
qualitied  as  Tax  Receivers.  lectors,  &e. 

§  852.  Vacancies  are  tilled  as  they  are  in  the  office  of  Receiver,  vacancies 
and  section  JSTo.  841  respecting  Receivers,  applies  to  Collectors,  ^°'''''""^' 
except  so  much  thereof  as  fixes  the  first  day  of  May,  and  in  lieu 
thereof  for  Collectors  the  first  day  of  August  shall  be  the  time. 

§853.  Before  entering  on  the  duties  of^  his  office,  besides  the  ciicctor-s 
oath   required  of  all  civil    officers,  he  shall  take  and  subscribe""'''" 
the  following  oath : 

"  I, ,  Tax  Collector  of  the  county  of ,  do  swear 

that  I  will  faithfully  discharge  the  duties  required  of  me  by  law 
as  Tax  Collector,  and  that  I  will  search  out  and  make  a  true  re- 
turn of  all  detaulters,  polls,  professions,  free  persons  of  color,  and 
all  taxable  property  not  found  on  the  Tax  Receiver's  diirest,  or 
not  returned  to  the  Clerk  of  the  Superior  Court  by  the  fifteenth  of 


164 


PT.  1.— TIT.  7.— CHAP.  1.— PrBLic  Revenue. 


Article  8. — Tax  Collectors. 


Bond  and  sp 
rurity  to  bo 


Approved 
by  Inferior 
(^oiirt 


Bond  to  bo 
riven,  Ac. 


Duty  of  per- 
Bon  BO  ap- 
pointed. 


August,  and  tliat  I  will  pa^'  over  all  taxes  collected  by  me  as  re- 
quired bv  law.     So  help  me  God." 

§854.  He  shall  also  give  bond  and  security  for  the  State  tax 
on  the  same  l)asis  and  the  same  terms  that  the  Receiver  is  re- 
quired to  do,  and  shall  give  another  bond  with  sufficient  security, 
l)ayable  to  the  Justices  of  the  Inferior  Court,  conditioned  for  the 
faithful  performance  of  his  duties  as  Collector  of  the  county 
tax,  in  a  sum  to  be  fixed  by  such  Justices. 

§  855.  Such  bond  for  county  taxes,  when  given,  must  be  ap- 
ju'oved  by  three  Ju.stices  of  the  Inferior  Court,  tiled  in  the. office 
of  their  Clerk,  recorded  in  the  book  with  other  official  bonds, 
and  in  all  respects  is  an  official  bniul. 

§856.  Tax  Collectors  shall  not  collect  any  portion  of  the  coun- 
ty tax  until  such  bond  is  given,  and  if  they  fail  to  give  such  a 
bond,  or  one  satisfactory  to  such  Justices,  they  may  appoint  some 
competent  person  to  collect  the  county  tax. 

§857.  AVlien  such  an  appointment  is  made,  the  person  ap- 
pointed shall  give  such  a  bond  as  is  required  of  a  Tax  Collector, 
and  he  shall  take  an  oath  faithfully  to  collect  and  pay  over  the 
county  tax,  and  in  all  respects  shall  have  the  same  privileges, 
discharge  the  same  duties  and  incur  the  same  penalties  as  the 
Tax  Collector  would  in  collecting  the  county  tax. 

§  858.  It  is  the  duty  of  the  Tax  Collector— 

1.  To  diligently  collect  and  promptly'  pay  over  in  the  funds 
allowed  by  law  the  State  and  county  taxes  to  the  Comptroller 
General  and  County  Treasurer  respectively. 

2.  To  search  out  and  ascertain  as  far  as  possible,  all  polls, 
professions,  free  persons  of  color,  and  all  taxable  property  not 
returned  to  the  Keceiver  or  not  found  in  his  digests. 

3.  To  enter  all  of  such  defaults  in  a  book  kept  for  tliat  pur- 
pose, to  assess  and  collect  thereon  a  double  tax  and  pay  the  same 
over  to  the  Comptroller  General  and  County  Treasurer  respec- 
tively, after  deducting  double  commissions,  and  to  deposit  said 
book  with  the  Comptroller  General,  and  a  copy  with  the  Clerk 
of  the  Inferior  Court,  before  the  day  of  final  settlement.  ' 

4.  To  have. his  insolvent  lists  allowed  in  the  manner  required 
by  law  before  final  settlement  with  the  Comptroller  General. 

5.  To  issue  executions  against  all  defaulters  and  insolvents, 
and  place  them  with  the  proper  officer  lor  collection. 

6.  To  give  notice  of  the  time  and  j^laces  of  his  attending  to 
collect  the  taxes,  aiul  of  the  days  he  will  be  at  the  Court  House, 


Collector's 
duties  enu- 
merated. 


FT.  1.— TIT.  7.— CHAP.  1.— Public  KEVENra.  165 


Article  9. — Compensation  of  Collectors  and  Receivers. 


and  there  to  attend  during  the  time  for  collection  as  required  of 
the  Eeceiver. 

7.  To  piiblisli  at  tlie  door  of  the  Court  House,  for  tliirty  days, 
his  insolvent  lists,  including  the  taxes  of  each  person  thereon. 
To  furnish  to  election  managers  of  the  county,  lists  of  all  persons 
who  have  not  paid  their  taxes. 

8.  To  pay  the  lieceiver  his  cunimissions  u})on  tlie  produc- 
tion of  the  Comptroller  General's  receipt,  for  his  digest,  with 
a  specification  therein  of  the  amount  of  commissions  to  which 
he  is  entitled,  and  not  otherwise,  and  to  produce  said  Re- 
ceiver's receipts,  ^vith  his  receipts  thereon,  to  the  Comptroller 
General  before  he  shall  he  allowed  credits  for  such  commis- 
sions. 

9.  To  conform  to  such  rules  as  may  be  furnished,  and  to  obey' 
such  orders  as  may  be  given  by  the  Comptroller  General. 

10.  To  perform  all  other  duties  that  the  law  requires,  and 
which  necessarily,  mider  the  law,  appertain  to  his  office. 

§859.  It  is  no  excuse  to  any  person  for  not  paying  his  taxes  ooiiector'* 
as  the  law  requires,  that  the  Collector  should  fail  to  advertise  or  noVx^cusTto 

<in   1   •  -J.  \  defaulting 

nil  his  appointments,  taxpaxer. 


ARTICLE  IX. 

COMPEXSATION  OF  COLLECTORS  AND  RECEIVKIIS. 
Section-  S(iO.  Pay  of  Receivers  and  Collectors. 

§860.  The  following  rates  of  commissions  shall  be  allowed  in  oommis- 
the  net  amount  of  each  digest  to  each  Receiver  and  Collector  of  civcr  and 


the  State  taxes,  to  wit: 

On  all  digests  over  $20,000  3  per  cent. 

"         "       10,000  and  under  $20,000    4    ''       " 


OuUoctor. 


u      a 


a      u  u  u 

"     "         "    under 


6,000 

ik       Ik 

10,000    5 

4,000 

u         u 

6,000    6 

3,000 

u         u 

4,000    7 

2,000 

u         u 

3,000    8 

1,000 

u         u 

2,000    9 

1,000 

10 

166  PT.  1.— TIT.  :.— CHAP.  1.— Piblic  Revenue. 


Article  10. — Miscellaneous  Provisions. 


APwTICLE  X. 

MISCELLANEOUS  PROVISIONS. 

Sectiox.  'Sectiox. 

861.  Comptroller  may  make  rules.  I  8G3.  Rules  to  be  published. 

862.  Rules  to  be  furnished  tax  ofiQcers.     '  864.  Bonds  of  tax  oflicers  sued  on. 

romptroiier      §  801.  Tlic  Comptroller  General  has  autliority  to  make  all 
make  rules  iieedful  rules  and  reijulatioiis  for  the  frovernment  of  Tax  Col- 

for  Collec-     .  i  ~r>         •  "^  "^  i 

tors  and Ke- lectors  and  lleceivers,  and  any  otlier  rules  that  may  be  neces- 

Cfivcrs.  ,  ^  •  '' 

sary  to  insure  the  prompt  and  faithful  execution  of  the  tax  laws, 
if  not  in  violation  of  or  inconsistent  therewith. 
Enter  tLe         §.  862.  Tlicsc  I'liles,  wliGH  made,  shall  be  entered  in  a  book  in 
book  and     his  officc,  kept  for  that  purpose,  and  be  bindino;  on  all  successors 

furnish  ,,  -^  i 

them  to  lie-  uiitil  amended  or  repealed,  copies  of  which  shall  be  printed  and 

ceivers  and    n         .  -,       -,  -r~. 

Collectors,    lumished  to  Eeceivers  and  Collectors  at  the  time  of  sending 

them  the  forms  required. 
And  may  §863.  Tlicj  sliall  also  be  printed  during  the  month  of  March, 

themin.a     Gverj  jcar,  in  a  public  gazette,  ■[)ublished  at  the  Seat  of  Govern- 

newspaiier.  i    '•x*   •         i  t  •  /•     i         /-^  n         i  i      n      t 

ment,  n  m  the  discretion  of  tlie  Comptroller  he  shall  deem  it 
beneficial. 
Bonds  of  §864.  Nothing  shall  l)e  so  construed  as  to  make  the  Collector's 

Collectors  &  .  " 

Keceivers     and  Kcceiver's  bonds  not  subiect  to  be  sned  according  to  due 

suhicct  tohe  •'  f^ 

sued  on.      process  of  law,  but  which  is  not  to  be  done  nnless  some  emer- 
gency should  make  it  necessary. 


CHAPTER  II. 

REVKNUK  FIIOM  OTIIKR  SOURCES. 

Section.  'Section. 

865.  Sources  of  revenue,  fee.  \   8G7.  What  fees  go  into  Treasurj-. 

see.  Wliat  monies  go  into  Treasurj.  t 

Eevenueof      §865.  The  sourccs  from  wliicli  the  State  does  or  may  derive 

from  sources I'evenue,  otlicr  than  by  taxation,  are  as  follows: 

taxation''"        1.  The  net  earnings  of  the  Western  and  Atlantic  Railroad. 

2.  Dividends  on  the  Bank  Stock  owned  by  the  State. 

3.  Dividends  or  interests  on  the  stock  owned  in  the  Main 
Trunk  Ivailroad. 

4.  Sale  of  State  Bonds  at  a  premium. 

5.  The  use  by  individuals  of  any  other  property  of  the  State. 


PT.  1.— TIT.  7.— Public  Revenue.  167 

Chapter  2. — Revenue  from  other  Source?. 

6.  Receipts  for  military  or  other  claims  against  the  Confede- 
rate States. 

7.  Receipts  Irom  assets  of  the  Central  Bank  and  otlier  old 
claims. 

8.  Receipts  on  claims  from  Tax  Collectors  or  other  officers  for 
previons  years,  which  were  in  litiijation  or  regarded  as  insolvent. 

9.  Dues  for  the  sale  of  reverted  or  otlier  land,  to  which  the 
State  may  have  the  title. 

10.  Fees  which  the  Secretaries  of  the  Governor,  the  Secretary 
of  State,  the  Treasurer,  the  Comptroller  General  and  Surveyor 
General  and  Librarian  may  receive  for  official  duties. 

§866.  All  the  receipts  from  the  resources  mentioned  in  thcMiscciia- 
prccedinii:  section,  all  fees  not  specially  awarded  to  any  particu- "f,e"to'^br' 
lar  officer,  all  lines  and  forfeitures,  not  otherwise  disposed  of,  all  Treasury. 
monies  collected  from  any  source,  or  on  any  account,  to  which 
the  State  is  entitled,  not  otherwise  directed,  must  Vtc  paid  into 
the  State  Treasury. 

§  867.  The  fees  which  officers  arc  allowed  to  charge  and  which,  Fees  to  bo 
when  collected,  must  he  paid  to  the  Treasurer,  are  as  follows:       Troasure- 

1.  Those  hy  the  Secretaries  of  the  Governor —  »;ovornor's 

''  ^  _  Secretary 

A  grant  for  100  acres  or  imder, 81  00 

"      "       "  over  100  acres  or  under  300, 2  00 

"      "       "     "     300     "      "      "       500, 3  00 

"      "       "     "     500     "      "      "     1000, 4  00 

''      u       u  ;[()()()^  .^j^j  over,  one  per  cent,  per  acre  for  every  ad- 
ditional acre. 
Affixing  the  Great  Seal  of  the  State  by  order  of  the  Governor, 

to  anything  of  a  private  nature %^  00 

For  every  examination  of  records  per  request, 50 

Administering  oath  of  office  to  a  salaried  officer  and  giving 

certificate  thereof 1  00 

Entering  a  testimonial, 50 

Attaching  the  seal  of  the  Executive  De})artment 1  00 

Certified  copy  of  any  record  not  more  than  300  words ....    1  00 
If  more  than  300  words,  per  hundred  words K'   • 

2.  Those  by  the  Secretary  of  State —  sccretwyof 
For  a  grant  of  land,  and  affixing  the  seal  thereto,  the  same  as  is 

allowed  the  Secretaries  of  the  Governor,  according  to  the  num- 
ber of  acres. 

For  registering  each  grant 8     50 

For  reoristerins;  bond  or  otlier  similar  Avritinir 1  00 


168 


Treasurer. 


'Jomptrollcr 
GeneraL 


Surveyor 
General. 


Librarian. 


FT.  1.— TIT.  7.— ruBLic  Revenue. 

Chapter  2. — Revenue  from  other  Sources.  , 

For  a  testimonial,  without  the  Great  Seal, 1  00 

For  a  testimonial,  -with  the  Great  Seal, 2  00 

Affixing  the  Great  Seal  to  any  other  paper, 1  00 

For  a  certified  copy  of  a  jjrant  to  laiul, 1  00 

For  a  certitied  copy  of  any  other  paper  not  of  more  words,  1  00 

For  more  words,  per  hundred,    10 

For  every  search,  per  request, 25 

3.  Those  l)y  tlie  Treasurer — 

For  every  extract  or  copy  from  any  l)ook,  minutes  or  file  of  office, 

not  more  than  300  words, , .  $1  00 

For  every  additional  100  words, 10 

For  every  search,  by  request, 25 

4.  Those  by  the  Comptroller  General — 

Every  extract  or  copy  from  any  book,  minutes  or  file  of  ofKce, 

not  more  than  300  words, $1  00 

For  every  additional  100  words, 10 

For  every  search,  by  request, 25 

5.  Those  l)y  the  Surveyor  General — 

For  examing  a  plat, $       50 

"     recording  a  plat, 1  25 

"•     recording  a  plat  of  a  town,  township  or  village, 10  00 

Transmitting  a  caveat  to  Governor  and  attending  thereon,  1  00 
Certified  copy  of  au}^  original  record,  not  more  than  300 

words, 1  00 

For  every  additional  hundred  words, 10 

Certified  copy  of  an  original  warrant, 50 

Issuing  a  certificate  of  a  record, 50 

For  every  search,  per  request, 25 

6.  Those  by  the  Librarian — 

Certifying  to  the  existence  or  contents  of  any  manuscript,  map, 

or  other  document  entrusted  to  his  keeping, $1  00 

Furnishing  copies  of  his  catalogue  of  books, 50 


PT.  1.— TIT.  8.— Public  Debt. 


169 


Chapter  1. — Pu))lic  Debt. 


TITLE  YIII. 

THE  PUBLIC  Dl'.liT. 


CHAPTER  I. 

THE  PrP.LIC  DEP.T. 


i?ECT10N. 

868.  Of  wJiat  bonds  (lie  pulilic  debt,  kc. 

869.  State  bonds — how  authenticated. 

870.  Ainonnt  of  bond.s,  t\mo  of  payment. 

871.  Coupons — lio%v  signed  and  paid. 

872.  Bond  must  aeeonipany  coui)on.  Ac. 

873.  State  bonds — wlicre  payable. 

874.  Bomls  maybe  e.xehauged — wlicn. 

875.  Bonds  taken  up  not  to  be  rc-issucd. 
S7C.  New  bonds  mav  issue  for  Iftst  ones. 


Skctiox. 

j   877.  Ou  wliat  showing  new  bonds  issue. 
;  878.  State  must  be  indemnified. 

879.  Bonds,  Ac.,  paid  off— how  kept. 

880.  Payment  of  bonds  provided  for. 
I   881.  Surphis  set  apart. 

I   882.  Overphis  paid  to  bonds  not  due. 
SS."?.  Bonds  paid  before  due  to  be  reported. 

881.  Provisions  for  education,  .to. 


§8()S.  The  iml.li( 
bonds : 


debt  of  this  State  consists  of  tlie  following  Bomis  jbsu- 

cd  for  public 
debt 


Date  <•(■ 
Emission. 


Intorest. 


bic. 


Place  of  Payment. 


Jan.  2.5, 1S40  6  per  cent.  June  1,  ISTOStito  Treasury. 

Jan.  ar^  1  <U1 1 6  per  cent.  July  1,  ISTl  '• 

J.an.    1.  T<4-2  fi  per  cint.  June  1,  1SV2  '• 

June  ],  ^■^4•.^fl  percent,  Jan.   1,1873!  '■  " 

Jan.    1,  1S4;?  G  per  cent  Jan.   1,  1S73J  •• 

May  1.  1S44  7  per  cent  Mav  1,  1S74:  - 

July  I.^IS-W  C  per  cent  Sept  I,  1SG9 


July  1.  1S48  r,  porcent  July  1,  ls6S  .Vugusti,  Georsia.. . 

July  1,  1H4S|G  per  cent  July  1,  ISCS, Savannah,    '• 

May  1,  1S4S;7  per  cent., May  1,  lS74|Au2:usta.  Sav.  or  Treas. ' 
Jan.   1,  185'2,7  per  cent  [Jan.   1,  lSG2i  Bank  State 

Jan.   1,  1852,7  per  cent  Jan.  1,  1872' 


Outstand- 
ing.       I 

$102,500  00 ' 

156.250  00 

97.0(10  Oil 

101  ..'■.(10  00 

(;;i..')iiii  00 

To.OOO  00; 
2fi-.'..'>00  00: 

I 


Bcmarks. 


(  On  account  of  "Wcs- 
"f  tern  »t  Atlantic  K.R. 


(  IJedeemable    at   op- 
100,000  00  j  ■<  tion  of  State  after  10 
1    (  years. 
i  10  years,  redeem.ible 
1  as  above. 


.f  C.a.. 


28,000  00 

177.000  00 
100,000  00 


Jan.  1,  1S52  6  per  cent  July  1,  IS 
Jul}-  1,  ]S.")5,(;  per  cent.l  Julv  1,  lsG5 
Feb.  1,  1S5S  G  per  cent  Fel>.  1,  ls7S 
Feb.  1,  1S5;1  G  per  cent  Feb.  1,  lf>70 
Auir.  1,  InW  G  perccntlAus.  1,  1879 
Fei).  1,  18G0  G  per  cent '  Feb.  1,  18S0 
J.in.  20,  1S4S  7  per  cent  Jan.  1,  ISGl 
J.an.  20,  ]'<4S  7  per  cent  Jan.  1,  1SG2 
Aug.  1,  ls4s  7  per  cent  j  .Vug.  7,  ISGO 
Feb.  14,  l'^4S  7  per  cent  Feb.  14,  1SG2 
Feb.  1,  ls4'.l  7  per  cent  Feb.  1,  ISGO 
Feb.  1,  1^49  7  per  cent  Feb.  1.  1S(W 
J.an.  20,  1S49  7  per  cent  Jan.  1,  18G1 
Jan.  20,  1S40  7  jier  cent  i  Jan.  1.  1862 
Feb.  1,  1849  7i)ercent!Feb.  1,  1864 
1839  5  per  cent  1869 


Hank  llepublic,  N.  Y. 
Bank  State  of  Ga.,  Sav. 
New  York i 


State  Treasury,. 


100,000  00 

625.000  00 ! 

1G.500  00 

100,000  00 

ir.0,000  00 

.50,000  00 

1.50,000  00 

50,000  00 

20,000  00 


Uedeem.ablo  at  op- 
tion of  State  after  10 
vears. 


For  Atlantic  &G.K.K. 


For  Central  Bank. 


Citv  of  London, 


4.5.500  00 
.5,000  00  j 
12..5n0  00 
GO.OOO  00 
72,000  00    Sto 


•ling  bonds. 


§S(>9.  All  bonds  or  t-ertilieates  of  the  State  for  the  State  debt 


170  rX.  1.— TIT.  S.— Public  Debt. 

Chapter  1.— Public  Debt. 

State  bonds  must  be  autlienticated  by  the  siij^nature  of  the  Governor,  the  Sec- 

and  certifi-  ^  I'^.i  •  -i  /•! 

cates— how  retarv  ot  btate,  and  stamped  with  one  side  oi  the  seal  oi  the 
ted.  State,  to  Wit,  that  side  winch  lias  on  it  tlie  motto  "Wisdom, 

Justice  and  Moderation. 
Amonntsof,     §S7<>.  Thcj  shall  bc,  luiless  otherwise  specially  ordered  by  the 
payable.      General  Assembly,  in  sums  of  five  liiindred  and  one  thousand 
dollars  each,  payable  in  twenty  years  after  their  date,  bearing  in- 
terest at  six  per  cent,  per  aniiuiii,  wliidi  interest  is  payable  semi- 
annually by  coupons  thereto  annexed. 
Coupons—        §^71.  Thev  niav,  before  or  after  issued,  ])e  presented  to  the 

how  sisncd  *'  "  in-  •!•  im    •    i  •  iii 

and  paid.      State   ireasurer,  who  shall  sign,  in  his  orhciai  capacity,  all  the 

coupons  thereto  attached,  which  then  may  be  paid  at  maturity 

by  the  Treasurer,  without  the  presentation  of  the  bond  or  further 

M'arrant  or  authority. 

When  tin-        §872.  If  coupous  are  not  thus  signed  they  shall  not  l)e  paid, 

be  paid,  un-  uiilcss  accompaiiied  by  the  bond  to  which  they  belong,  and  before 

less  accom-  i      1 1   i       i         "^i        m  i  i       i    ' 

paniedby    payment  shall  be  by  the  Ireasurer  detached. 

When  put-       §  873.  The  principal   and  interest  shall  l)e  made  payable  at 

paid.*^  "  °  such  place  in  this  State  or  other  of  the  Confederate  States  as  the 
Governor  may  in  his  discretion  direct,  and  he  may  direct  the 
principal  payaltle  at  one  j)lace  and  the  interest  at  another. 

Bonds  paya-      8  87-i.  Wlid'e  citizeus  of  tliis  State  become  possessed  of  State 

ble  out  of  the  ,         .       ,.  -  .  . 

State, held    bouds,  payal)le  out  of  this  State,  the  Governor  may  i»;ive  in  ex- 

by  citizens,  .  .  .  i  •  i 

inaybeex-  change  for  them,  bonds  payable  herein,  provided  there  is  no  loss 
to  the  State  by  the  exchange,  and  the  expense  thereof,  if  any,  is 
borne  by  the  holders  of  the  bonds. 

Snchorigi-       §875.  When  such  exchange  occurs  the  original  bonds  so  taken 

not  to  be  re- up  sliall  uot  be  rc-issuod  on  any  account  whatever,  unless  special- 
ly provided  for  by  the  General  Assembly. 

Lost  bonds       §876.  When  any  bond  or  coupons  shall  be  lost,  mutilated  or 

or  coiijions.  t      t       /-i  •  i       t      i  i  i  i         •-! 

destroyed,  tlie  Governor  may  issue  to  the  holilcr  a  new  honcl,  witJi 
proper  coupons  attached. 
uewbonds-      S  877.  Whcii  mutilated,  the  mutilated  bonds  must  be  surren- 

how  obtain-  "  '  i  jv>  i        •         !» 

ed.  dered;  when  lost  or  destroyed,  the  holder  must  make  athdavit  ot 

such  fact,  that  they  were  liis,  in  his  own  or  some  other  right,  at 
the  time  of  the  loss  or  destruction;  if  lost,  that  he  has  made  dili- 
gent search  without  avail,  and  despairs  of  ever  finding  them,  and 
that  he  does  not  believe  they  are  possessed  by  any  person. 
Bond  and  §  878.  ILiviiig  iiiadc  such  affidavit,  he  shall  then,  before  receiv- 
giveu^^"^"  ing  the  new  bond,  give  bond  and  surety  to  the  Governor  in  a 
sum  double  the  amount  of  the  principal  thereof  and  the  unpaid 


PT.  1.— TIT.  8.— Public  Debt.  171 

Chapter  1. — Public  Debt. 

interest  thereon,  conditioned  to  save  the  State  harmless  on  ac- 
count of  issuing  such  new  bond. 

§879.  When  bonds  or  coupons  are  paid  they  must  be  stamped  nisposition 
as  paid,  and  preserved  in  the  Treasurer's  office  with  the  same  =»"'i  coupons 

■^  ,  •"-  ,  when  paid. 

ears  as  the  funds  of  tlie  State. 

§880.  An  amount  of  money  stands  annually  appropriated  sui- Appropria- 
ficient  to  pay  the  principal  and  interest  of  any  bonded  debt  ofiyforbond- 
the  State  becoming  due  during  the  year. 

§881.  Any  sur])lus  in  the  Treasurv,  after  allowing  for  all  the  surplus  in 

11  .  ,.11.  'i  1.  ,'"', .,  .  Treasury 

annual  cJiarges  a<2;ainst  it,  including  sucli  claims,  is  likewise  aii-  fipi)ropriated 

^     *    ,     *  /.  '='  '  ^     to  bonded 

propriated  to  the  same  object.  debt. 

§882.  Whatever  amount  may  remain  from  the  appropriations  f,„rj,]usap. 
contained  in  the  two  preceding  sections,  more  than  enough  to  pay  jn^y  bflp^ 
such  debts,  may  be  applied,  by  the  order  of  the  Governor,  to  re-  oovernor!^^ 
deeming  any  particular  class  of  bonds  not  due  as  he  may  order, 
and  which,  in  his  judgment,  it  is  to  the  interest  of  the  State  to 
prefer  and  anticipate. 

§  883.  All  bonds  redeemed  before  maturity  must  be  by  the  ^onds  re- 
Governor  annually  reported  to  the  General  Assembly,  particu- ^reTul'^^' 
larly  described,  and  the  terms  upon  which  they  were  so  redeemed. 

§  884.  For  the  purpose  of  carrying  into  effect,  the  changing  of  Provision 
the  public  debt,  paid  with  the  net  earnings  of  the  AVestern  &  At-JrS'i'of 
lantic  Railroad,  into  a  permanent  Educational  Fund,  the  Gover-^.toEd^'' 
nor  is  authorized  to  substitute  other  State  bonds  bearing  the  same  fuIiT* 
rate  of  interest  for  those  in  the  hands  of  holders,  and  to  issue  new 
bonds  and  arrange  them  upon  such  schedule,  and  i)ayable  at  such 
periods  as  that  by  providing  annually  a  sinking  fund,  the  whole 
principal  of  the  public  debt  shall  be  extinguished  by  the  time  the 
last  bonds  shall  become  due.     This  sinking  fund,  when  ascer-  Annual 
tained,  shall  be  paid  out  of  the  net  earnings  of  the  Western  &  —ho'l^^l^ 
Atlantic  Railroad,  and  until  ascertained  the  Governor  shall  use  El'^iJcn paid. 
so  much  of  the  earnings  of  said  road  as  shall  be  necessary  to  meet 
said  bonds  annually  falling  due. 


172 


PT.  1.— TIT.  1).— Public  Property. 


Chapter  1. — Public  Buildings. 


TITLE  IX. 

PUBLIC  PROPERTY, 


Buildings 
owned  by 
the  State. 


Partly  own' 
ed  by  the 
State. 


CHAPTER  I. 

PUBLIC  BUILDINGS. 


Section. 
885.  Buildino'S  owned  bv  tlio  State. 


[Section. 

•   88G.  Biiiklioo-.s  the  State  i.s  interested  in. 


§  885.  The  buildings,  and  tliose  appurtenant  thereto^ belonging 
to  the  State  are — 

The  State  Capitol. 

The  Governor's  Mansion. 

The  State  Arsenals  at  Milledgeville  and  Savannah,  and  the 
Military  Institute  at  Marietta  ;  the  Deaf  and  Dumb  Asylum  at 
Cave  Spring  ;  the  Lunatic  Asylum  near  Milledgeville  ;  the  Pen- 
itentiary at  Milledgeville ;  the  buildings  of  the  Western  &  At- 
lantic Railroad. 

§  886.  The  State  has  an  interest  in — 

The  University  of  Georgia  at  Athens. 

The  Asvlum  for  the  Blind  at  Macon.* 


Lands  own- 
ed by  the 

State. 


CHAPTER  II. 

THE  LANDS  OF  THE  STATE. 
Section  887.  Lands  reserved  to  the  State. 

^  887.  The  lands  specially  reserved  to  the  State  are — 
The  lands  known  as  the  "  Macon  Reserve"  on  the  Ocmulgee 
river  ;  the  lands  known  as  the  "  Mcintosh  Reserve,"'  on  which  is 
situated  the  Indian  Spring;  the  lands  known  as  the  "Old 
Agency  Reserve"  on  the  Flint  river ;  a  quantity  of  land  on  Flint 
river,  opposite  the  Old  Agency;  one  mile  square  on  the  Chatta- 
hoochee river  at  Mcintosh  Ferry ;  one  mile  square  at  Marshall's 
Ferry  on  Flint  river,  including  the  ferry ;  five  miles  square  on 
Cliattahoochee  river  at  Cusseta  Falls,  including  the  lalls ;  all 
islands  contained  in  any  of  the  navigable  waters  not  disclosed  of, 
and  the  "Western  bank  of  the  Chattahoochee  river  to  high-water 

*  A  considerable  portion  of  the  above  mentioned  reservations  have  been  conveyed 
by  the  State  to  private  companies  or  individuals,  which  will  appear  by  reference  to 
tho  proper  records. 


PT.  1.— TIT.  9.— Public  Pkoperty, 


Chapter  2.— The  Lands  of  the  State. 


mark,  where  it  forms  the  bomidary  between  Georgia  and  Ala- 
bama ;  so  nnu'h  of  tlie  Qkefenokee  Swamp  as  is  in  this  State 
and  Tiiigranted ;  the  lots  whereon  all  the  public  buildings  of 
the  State  are  erected ;  the  fractional  j^arts  of  surveys  created  by 
the  different  land  divisions  which  are  not  granted  or  otherwise 
disposed  of;  all  lands  omitted  to  be  surveyed,  granted  or  sold  ; 
parcels  of  land  in  certain  cities,  to-wit : 

In  the  city  of  Atlanta ; 

In  the  city  of  Columbus ; 

In  the  citv  of  rhattnnoosrn. 


1Y3 


CIIAPTEK  III. 

TITE  WKSTERX  .^   ATLANTIC  RAILROAD  AND  ITS  (GOVERNMENT. 


Section. 

888.  W.  &  A.  R.  R.  belongs  to  State,  &c. 

889.  Obligations  relative  to  AV.  &  A.  R.  R. 

890.  What  laws  apply  to  W.  &  A.  R.  R. 
^91.  Former  laws  still  of  force. 

892.  Appointment  of  Sui^erintendent. 

893.  Superintendent's  bond. 
Tlis  oath  and  commission. 
Superintendent's  authority. 
Rules  of  road  to  be  recorded,  &c. 
Such  rules  are  law. 

898.  Where  the  road  ma}--  be  sued. 

899.  Demand  must  be  made  before  suit. 
Books  of  road  prima  facie  evidence. 
Debtors  to  road"— public  debtors. 
Appointment,  Ac.,  of  Treasurer. 
Treasurer's  oath. 

His  bond ;  oath  <fc  bond — where  liled. 
Treasurer's  duties  specified. 
Auditor's  apjioiiitmcnt,  &c. 
Auditor's  oath. 
His  bond. 

His  bond  and  oath — whore  hied. 
Auditor's  duties  specilied. 
Remedy  against  officers  W.itA.R.R. 


894. 
895. 
8G6. 
897. 


900. 
901. 
902. 
90.3. 
904. 
905. 
906. 
907. 
908. 
909. 
910. 
911. 


Section. 
912.  Compellable  to  give  other  .security. 
9i;5.  Agents  must  report  monthly. 

914.  Officer  failing  to  pay,  &c.,  dismissed. 

915.  Accounts  of  dismissed  officers. 

916.  Indebtedness  of  defaulters,  etc. 

917.  Oath  of  all  agents  of  the  road. 

918.  Their  bonds. 

919.  Bonds  renewed  annually. 

920.  Settlements  with  agents. 

921.  Governor  to  examine  bonds,  &c. 

922.  Conductor's  oath. 

923.  No  credit  to  be  given  for  freights. 

924.  Conductor's  settlements. 

925.  Disbursements — how  made. 

926.  How  Auditor's  decisions  reviewed. 

927.  Proceeds  of  road— liow  disposed  of. 

928.  Useless  iron  &  tackle  may  be  sold. 

929.  Sale  may  be  for  cash  or  ou  credit. 

930.  No  officer  of  road  can  buy  at  sale. 

931.  Sale  bill  to  be  kept  and  reported. 

932.  Useless  land  of  road  may  be  sold. 

933.  Who  may  go  over  road  free  of  charge. 

934.  Laws  of  road  enforced  by  Sup't. 

935.  TransjTOrtation  of  limo. 


§888.  Tlie  railroad  coiimiunication  from  Atlanta,  in  Fulton 
county,  to  Cliattanooga,  on  the  Tennessee  river,  is  the  Dronertv^^"''^!^'""- 
ot  tins  btate  exclusively,  and  shall  be  known  as  tlie  Western  cfe*^''"''- 
Atlantic  Railroad.     Said  road  may  be  run  by  the  town  of  Cass- May  run  by 
ville  upon  tlie  conditions  of  an  art  approved  Jamiarv  UHh,  1852,  Snie. 


174  PT.  1.— TIT.  'J.— ruBLic  Pkoperty. 

Chapter  .'{. — The  Western  &  Atlantic  Railroad,  and  its  Government. 

and  wliicli  is  liereby  kept  in  force  until  the  first  day  of  January, 
1863. 

lieiation  of       8  SSO.  Thc  Statc  occui)ies  tlie  same  relation  to    said  road  as 

state  to  tlio  •  ^  .  .  ,  ••IT 

w.  &A.  It.  owner,  that  any  company  or  incoriKiration  does  to  its  railroad, 

K.;  rccipro-  ,,.         .  ,.     i"        o,  i  it  •  -l 

caiobii;;a-    and  tlic  oblioTations  oi  the  State  to  tlie  public  concerning  said 

lions  of  the  J^  .i  i  i  i 

road  and  the  poad,  and  of  the  iniblic  to  said  road,  are  the  same  as  2i;overn  the 

public.  '■  „  .  .  •11 

other  railroads  of  this  State,  so  fiir  as  is  consistent  with  the  sov- 
ereign attributes  of  this  State,  and  tlic  hiws  of  force  for  its  con- 
duct. 
KoadLiws        ^'iSi^K  All  the  public  road  laws  and  penal  laws  touching  the 
j'aws'rp"i!iy    railroads  of  this  State,  whether  to  obligate  or  protect,  apply  to 
K. i:.pro-'   the  State  Road,  unless  specially  excepted,  or  some  other  provi- 


VI 80. 


sion  is  prescribed  in  lieu  of  some  one  or  more  thereof. 


Preceding        g  891.  All  laws  heretofore  enacted,  having  a  special  or  local 
application  to  said  road,  and  in  force  at  the  time  of  the  ado])tion 
of  this  Code,  are  kept  in  force,  unless  herein  repealed  expressly, 
or  by  implication, 
supcrintcn-      §  892.  The  principal  officer  of  said  road  shall  be  styled  the  Su- 
A!'il"i^\p*perintendent,  who  is  appointed  by  the  Governor,  and  holds  his 
Governor!'    otficc  duHug  liis  term,  unless  sooner  removed  at  his  pleasure. 
Togive  §893.  Before  entering  on  thc  duties  of  his  office,  he  shall  give 

cuHt/."'      l)ond  and  security,  to  be  approved  l)y  the  Governor,  in  the  sum 
of  twenty  thousand  dollars,  which  shall  be  filed  in  the  office  of 
the  Comptroller  General  and  recorded  therein. 
Totak*  §89-1.  lie  shall  also,  at  the  same  time,  besides  the  oath  re- 

quired of  all  civil  officers,  take  and  subscribe  before  the  Gover- 
nor the  following  oath,  which  shall  be  filed  in  tlie  Executive 
office : 

"  I, ,  swear  that  I  ■will  faithfully  and  impartially  per- 
form all  the  duties  of  my  office ;  that  I  will  make  no  appoint- 
ment, nor  do  any  act  from  fear,  fa\'or,  rew^ard  or  the  hope  there- 
of, but  in  all  things  I  will  be  governed  solely  with  regard  to  the 
interest  of  the  State  of  Georgia,  and  in  the  discharge  of  my  duties 
I  will  neither  make,  nor  permit  to  be  made  any  discrimination, 
unless  so  directed  by  legislative  authority,  in  favor  or  against  any 
Railroad  Company,  or  other  persons  or  parties  having  business 
connections  with,  or  relations  to  said  road.  So  help  me  God." 
Powers  of  §895.  The  Superintendent  lias  authority — 
(lentcnume-  1.  To  couduct  all  the  opcratioiis  of  said  road  connected  with 
its  repairs,  equipment  and  management,  including  its  financial 
affairs. 


PT.  1.— TIT.  y.— ruBLic  Propektt.  175 

Chapter  3. — The  Western  &  Atlantic  Railroad,  4.nd  its  Government 

2.  To  appoint  or  remove  all  tlie  subordinate  officers  subject  to 
the  approval  of  the  Governor,  exce})t  tlie  officers  of  Auditor  and 
Treasurer. 

3.  To  hx  the  rate  of  passage  and  freiglit  and  to  make  all  ne- 
cessary arrangements  touching  sueli  rates  and  other  business 
with  other  Jlailroads. 

4.  To  contract  for  and  purchase  niachinerv,  cars,  materials, 
worksho})s  and  all  other  contracts  necessary  for  the  cieneral 
working  and  business  of  said  road  not  exceeding  three  thousand 
dollars,  and  over  that  amount  subject  to  the  approval  of  tlie 
Governor  in  writing. 

5.  To  make  contracts  with  the  Government  of  the  Confede- 
rate States,  with  the  consent  of  the  (Tovernor,  for  the  transpor- 
tation of  the  mails  over  said  road. 

6.  To  arrange  the  schedules  for  running  trains  at  such  times, 
either  by  day  or  night,  as  he  may  deem  expedient. 

7.  To  settle  all  claims  against  said  road,  with  the  approval  of 
the  Governor. 

8.  To  sue  officially  for  any  claim  due  tlie  State  on  account  of 
said  road,  and  dcfeiid  all  brought  against  the  road. 

9.  To  make  all  necessary  rules  for  the  proper  conduct  of  the 
business  of  the  road  and  the  enforcement  of  discipline. 

10.  To  impose  penalties  for  a  violation  of  said  rules  and  for 
breaches  of  duty  by  all  persons  in  the  employment  of  the  road. 

11.  To  see  that  the  books  and  accounts  of  the  road  are  so 
kept  as  at  all  times  to  shew  accurately  its  fiscal  affairs. 

12.  To  have  settlements  weekly  with  all  fiscal  agents  of  said 
road  for  all  money  received  by  them,  by  Iiimself  or  through 
some  authorized  person,  and  to  discharge  them  for  neglecting-  or 
refusing  to  do  so. 

13.  To  fix  the  compensation  of  all  employees  of  said  road, 
with  the  approval  of  the  Governor,  whose  compensation  is  not 
fixed  by  law. 

14.  To  dra^v  his  warrant  on  the  Treasurer  in  favor  of  claim- 
ants according  to  the  law. 

15.  To  sue  and  cause  all  moneys  belonging  to  or  collected  on 
account  of  the  road  to  be  paid  promptly  to  the  Treasurer. 

16.  To  exercise  a  general  supervision  over  all  officers,  agents 
and  employees  under  his  charge,  and  see  that  they  strictly  "com- 
ply with  all  the  requisitions  of  the  law. 

17.  To  make  out  and  transmit  to  tlie  Governor  a  quarterly 


176  FT.  1.— TIT.  9.— Public  Property. 


Chapter  3. — The  Western  &  Atlantic  Railroad,  and  its  Government. 

statement  exhibiting  the  receipts  and  expenditures  of  the  road, 
and  once  every  year  a  full  statement  of  all  the  transactions  of 
the  road  in  detail,  which  report  shall  he  published  in  one  or 
more  of  the  public  gazettes  at  the  Seat  of  Government  and  at 
the  City  of  Atlanta. 
Rules  to  bo      §896.  The  rules  adopted  by  the  Superintendent  for  the  gov- 
printcd  and  emmeut  of  said  road  shall  be  recorded  in  a  book  kept  for  that 
officers.       purpose,  sliall  be  printed  and  posted  in  a  conspicuous  part  of  his 
office  and  copies  placed  in  the  hands  of  each  officer  of  the  road, 
who  shall  also  be  promptly  supplied  with  copies  of  any  altera- 
tions thereof. 
Force  of  s.ii.i      §897.  Such  riiles  shall  have  the  force  and  effect  of  law  when 
necessary  to  carry  into  full  effect  any  law  in  regard  to  said  road 
and  to  improve  its  organization  wlien  not  inconsistent  with  the 
law. 
Suits  against      §898.  All  suits  agaiust  tlic  road  uiust  be  brouglit  agaiust  the 
Atlantic ''"'^Superintendent  in  his  official  capacity  in  the  County  of  Fulton, 
Kaiiroad.     ^^jjgj.g  ^]^q  officc  of  Said  road  is  located,  except  in  those  cases  of 
claims  where  by  the  law  other  railroads   are  allowed  to  be  sued 
elsewhere,  but  under  no  circumstances  are  suits  against  such 
road  to  be  allowed  against  such  road,  its  officers  or  agents  in 
the  State  of  Tennessee,  beyond  the  right,  if  any,  that  may  exist 
under  the  authority  granted  to  this  State  to  extend  said  road 
into  Tennessee. 
Demand  nc-      S  899.  'No  suits  sliall  bc  l)rouglit  against  the  Superintendent 
fore  suit      until  a  demand  has  been  made  upon  him  for  payment,  accom- 


brouirlit. 


panied  by  a  statement  of  the  nature  of  the  claim,  and  ten  days 
shall  be  allowed  the  Superintendent  to  pass  upon  such  claim  be- 
fore suit  shall  1)0  l)rought. 
Booicsof  S900.  In  suits  pending  or  to  l)e  brought  by  or  against  said 

road  prima        "  ••iiiiii  •  r>      '      ^    •  ^  -> 

facie  evi-    road,  the  books  of  said  road  shall  be  prima  facie  evidence  ot 

donee.  '  ,  ,  .  . 

Avhat  they  contain  pertinent  to  the  points  in  issue. 
Its  debtors       §901.  All  dcbtoi's  to  Said  road  are  as  dcbtors  to  the  State  or 
oM.  ^'^  ""  '  public,  and  when  any  question  arises  warranting  it,  the  right  or 

obligations  of  both  parties  are  to  be  determined  upon  by  the  laws 

governing  such  relation. 
Oovernor  to      §902.  The  Govcriior  shii.ll  appoint  an  officer  for  said  road, 
iveasurcT.    wlio  sliall  bc  stylcd  the  Treasurer,  who  holds  his  office  for  the 

same  time  and  term  that  the  Superintendent  does. 
iiisoath.  §903.  Before  entering  on  the  duties  of  his  office,  besides  the 


PT.  1.— TIT.  U.— Pl-blic  Pkopekty.  1T7 


Chapter  3. — The  Western  &  Atlantic  Railroad,  and  its  Government. 

oaths  required  of  all  civil  officers,  he  shall  take  and  subscribe 
l)efore  the  Governor  the  folio win<j  oath  : 

"I, ,  do  swear  tliat  I  will  faithfully  and  diliirently  re- 
ceive, keep  and  disl)urse  the  funds  of  the  State  lload  according 
to  law,  in  my  capacity  as  Treasurer,  and  do  all  other  acts  that 
are  or  may  be  required  of  me  by  law  as  Treasurer  of  said  road, 
to  the  best  of  my  skill  and  knowledge.     So  help  me  God." 

§904.  He  shall  at  the  same  time  give  l)ond  and  security  to  ber.'""iana 
approved  by  the  Governor  in  the  sum  of  one  hundred  thousand 
dollars.     Said  l)ond  and  oath  of  office  shall  be  filed  and  recorded  ^^^"^  ="",^ 

(path  fileu 

as  the  Superintendents.  and  re- 

1  corded. 

§905.  It  is  the  duty  of  the  Treasurer —  uuticsof 

1.  To  take  custody  of  all  fuuds  appertaining  to  the  road,  topimmcnuea. 
receive  all  monies  from  officers  or  agents  holding  the  same  and 
receipt  them. 

2.  To  receive  all  such  sums  as  may  be  appropriated  Itvlaw  for 
the  use  (»f  the  road. 

3.  To  pay  all  warrants  drawn  l)y  the  Superintendent  in  the 
terms  of  the  law. 

4.  To  pay  the  State  Treasurer  monthly  all  balance  in  his  trea- 
sury after  ])aying  all  the  current  expenses  of  the  road  and  other 
lawful  claims  upon  it,  and  to  take  his  receipt  for  the  same,  re- 
taining such  amount  as  the  Sujierintendent  may  direct. 

5.  To  keep  a  book  or  1)ooks  to  enter  all  his  receipts  and  pav- 
ments  and  other  official  transactions. 

().  To  make  a  quarterly  statement  to  the  Sui)erintendent  of 
the  receii)ts  and  disbursements  of  his  office,  which  shall  be  pub- 
lished with  the  Superintendent's  report  to  the  Governor. 

7.  To  discharge  such  other  duties  as  the  laws  do  or  may  re- 
quire. 

§906.  The  Govei-nor  shall  a]q)oint  an  officer  for  said  road  who  Auditor  ap- 
shall  be  styled  the  Auditor.  Goveraon 

§907.  Before  entering  on  the  duties  of  his  office,  besides  the  ins  oath. 
oath  required  of  all  civil  officers,  he  shall  take  and  subscribe  be- 
fore the  Governor  the  following  oatli.: 

"I, ,  swear  that  I  will  promptly,  justly,  fairly  and  im- 
partially approve  or  reje<'t  all  claims  against  the  State  Eoad  pre- 
sented to  me  for  such  purpose,  and  that  I  will  faithfully  and 
diligently  discharge  all  other  duties  that  are  or  may  be  required 
of  me  by  law  as  Auditor,  to  the  best  of  my  skill  and  knowledge. 
So  lielp  me  God." 
12 


178  PT.  1.— TIT.  y.— FuiLu-  Pkupkkty. 


Chapter  ::. — The  Western  &  Atlantic  Railroad,  and  its  Government. 


Give  bond        §  1)08.  He  sliall,  at  the  same  time,  give  bond  and  surety,  to  be  • 

ari'I  surety.  '  ,   ,  ,        ,  ,  .  i  "^  ,•   ,  .       >  i  '     i      i    i 

ap])rovea  i)V  tiit'  (ToveriKir.  iii  the  >iiiu  oi  twenty  tlionsaiul  dol- 
lar.^. 
r.omUn.i  5j9(>t».  Such  h(»nd  and  oath  of  othee  shall  lie  liled  and  recorded. 

Hath  filed 

.'ind recdrd-  as  thc  Superintendents. 
Auditor's         >J  5*1(1.  It  is  tlie  dutv  of  the  Au^;itor — 

nu'rated""'        1-  T(»  cxauiine  and  a})prove  or  reject,  without  unnecessary  de-- 
hiy.  all  l)ills  and  accomits  against  said  road   l>efore  the  Superin- 
tendent shall  draw  a  warrant  for  tlie  same  on  the  Treasurer. 

2.  To  keep  a  book  to  enter  all  accounts  passed,  stating  the  per- 
sou,  amount,  account  and  time. 

8.  To  examine,  supervise  and  control,  all  books  kept  by  the 
subordinate  accounting  otHcers  or  Clerks  of  the  road. 

Jr.  To  discharge  such  other  duties  as  the  laws  do  or  may  re- 
(piire. 
Remedy  of       §  911.  The  remedy  of  the  State  against  the  Superintendent,  the 
against  offi-  Treasurer.  Auditor  and  other  othcers  and  agents,  is  the  same  as 

eers  of  W.  <k  •  rn  ri    n       ,  t>  • 

A.  Railroad,  affamst  lax  (Jollectors  or  Iveceivers. 

Additional        ^912.  Tlic  (Toveriior  may  require  each  of  such  officers  to  give  • 

liond  may  bi-  ,      .  i     ,  i  i  '  ^  n  t    • 

require<i:      additional  bond  and  surety  on  the  same  terms  and  conditions 
that  he  may  require  it  of  the  Comptroller  General  or  the  State  • 
Treasurer. 

Monthly  re-       §913.  Eacli  ageut  of  sucli  road,  liaviug  the  funds  thereof  in ! 

figlnt^.  liis  hands,  shall  make  out  monthly,  and  from  month  to  month, 
on  such  day  as  the  Superintendent  may  require,  a  full  statement 
of  his  account,  and  particularly  specify  what  amount  of  cash  on 
hand,  what  amount  due  from  freight  delivered  or  to  be  delivered, 
showing  the  full  amount  due  from  all  sources  wdiatever,  and  shall" 
sign  such  account. 

uefauitin-        <j  9 1 1.  Auv  officcr  or  agent  failing  to  pay  over  the  funds  col^ 

agenTdi's-     Icctcd  by  him  weekly,  or  failing  to  furnish  the  Superintendent 
■with  a  monthly  statement  of  the  financial  condition  of  his  office,, 
except  for  Providential  cause,  shall  be  immediately  dismissed  by 
the  Superintendent. 
#  Proceedings      ^915.  When  sucli  dismissal  shall  take  place,  an  account  shall i 

onadismiss-        '  i       i       i       ,•      n    ,i        .•     •    i  i  i        •    •  i  t 

ai.  at  once  be  hatl  ot  all  the  ireight  on  hand,  giving  the  person  dis- 

missed a  credit  or  receipt  therefor,  so  as  to  show  the  amount  of 
his  indebtedness. 
Amount  due      §  91G.  As  sooii  as  all  agent,  or  any  other  person  having  funds - 
treated  as '  of  tlie  road  unaccouiitecl  for,  is  in  default,  and  fails  to  j)ay  over  ■ 
iheroa.i.      said  funds  on  demand  made  by  the  Su])erintendent,  or  by  his  an-  - 


PT^  1^— TIT.  ;>.— PuijLic  Pkopkrty.  ^f^ 

Chapter^^Th^West^^A^antic  ]^^^  

thoritv,  or  shall  abscond^oT^onceal  hhn^^iloiJnlny^her  w^^ 

evade  or  prevent  a  settlement,  said  officer  shall  promptlv  cause 
the  true  amount  due  hy  snch  person  to  he  ascertained,  and  tran.- 
mi  the  same  to  the  Comptroller  General,  as  earniuirs  of  the  road 
statniii-  also  the  date  of  the  default. 

charge  ot    „.  dnfc-s  must,  l«;„des  the  oath  rcjuired  of  all  civil '■-'"'^ 
ofh,.e,-s.  take  a,„l  sul,«Til,e  hefoi-e  the  Superintendent,  who  is 
herein-  ,nade  an  ,.ffi,-er  t;,r  sue],  ,,u,-pa,e,  the  foilowin..  „atlr  "I 

-.  swear  that  I  will  feitl.fully  pertonn  all  the  duties  „f  „n' 

apiXHUtnu-nt   that   are  or  may  be  recp.ired  of  n,e  l,v  law,  to  the 

-on  ut  ot  n.yothnal  oonduet.and  of  all  monies  re.-eived  hv  nte  as 

ti"'e '; ",'  r  rr  ""■ '"  ""^  '*■"""  •■"'*■'"'-«•  <-  '•'^^eiv; 

<'  ;  '    ^n  ■"  T    ,'"  '""'  ""-■  ™'""''-'-     ^"  '"^"P  '"«  God-" 
a  le  to  the  Governor  and  his  successors  in  office,  to  be  appovcd'""" 

^  Jl.i.  Ihe  oaths  shall  be  liled  in  the  office  of  the  8u„eriuten  „■     ■  ■ 
tendent  the  ori,inal  bonds  transntitted  to  the  Con;;:;',:  "t "   S" 

witb  ■     "    ''■  \       ""*^  ^atistaetory  settleu.ent  has  been  had  *:'"'*"""• 

witli  the  agents,  and  not  before. 

§»il.  8aid  settlement  must  be  in  writiuic,  and  sii;„ed  bv  thes„„      , 
yent  an,l  Superintendent,  and  shall  co„,aiu-a  full  suteL  u  of  """•""" 
he  agents  account  with  the  roa,I.  whether  fur  <-a,sh  received 
freight  on  hand,  or  fron,  any  other  source  whatever  ' 

the  Su',J!.'V'r''''°'',i""r""""'  ^™'-^"  ''"'"1  fansnritted  to.„„u,„„e 

deert      It"',    t"        t;'    "^'"'"""'"''•"'•-  '"""  ■"  «-«  «f«"-"''' 
W™ni,     ^u  t,"        ^"'Tl  "'■  ^•"•'^'.^••■"«.v»-d«- another  bond  J::fX'„e 
gnen  ,n  lieu  thereof  to  the  Snperiutendcnt,  and  he  or  the  Super- "''°'~' 
m  eudent  uray  at  any  tin.e,  when  in  the  judgment  of  either  the 
nterest  ot  the  State  requires  it,  require  such  officer  to  give  addi  ft 

t.ona  bond  and  sureties,  as  he  requires  of  other  officers.  * 

sub-trfbe^r "' 'tT"'"?"'  """''"'  ''"^  '^'""'^  """"'«'•'  '«ke  an,l  ,■,„„„.«,,-, 

sub,uibe  tins  ,.ath:  •■], ,  swear  that  I  will  faithfuUv  dis- •'"'"■ 

.-•harge  the  duties  of  my  office  to  the  best  of  my  skill  and  knowl- 
edge, and  that  I  will  pay  over  all  the  nionev'that  may  come  f„ 


180  PT.  1.— TIT.  9.— Public  Property. 


Chapter  3. — The  "Western  &  Atlantic  Railroad,  anri  its  Government. 


my  liands  belonging  to  the  State  road,  as  required  bv  law,  or  the 
order  of  the  Superintendent.     So  hel]>  nie  God." 
No  credit  lor      §924.  ^o  agcut  at  auv  station  of  said  road  is  perniittcd  to  give 
^'■^'='^^        credit  for  any  freight  or  any  produce,  goods,  or  other  commodity 
conveyed,  but  shall  collect  the  freights  before  the  articles  are  ta- 
ken away,  except  in  cases  when  tlic  frciglits,  l)y  arrangement,  is 
chargable  to  some  other  railroad  company. 
Conductcr's      §925.  Everv  conductor  of  passenger  or  freight  traiu.s  ^^hall 

settlements.  "  '  '       •         i     i  i 

make  a  settlement  oi  tiie  tickets  and  money  received  l)y  them 
Disburse-     With  the  Treasurer  at  the  end  of  each  trip.     All  disbursements 
madr~'"'"  niade  on  account  of  said  road  shall  be  ]>y  warrant  of  the  Super- 
intendent, drawn  upon  the  Treasurer,  and  be  lirst  passed  l)y  the 
Auditor. 
Cases  where      §  92().  Tlic  Su[)erintendent  iiiny  refuse  to  ratity  the  a])proval  of 
dentTn"d^An- the  Auditor,  and  when  so  refusing  the  claim  shall  be  presented 
ditor differ.  ^^  ^^^^  Govemor  to  decide;  if  he  allows  the  claim,  or  any  part 
thereof,  the  Su}»erintendent  shall  draw  his  warrant  and  express 
therein  '"by  approval  of  the  (-lovernor."     If  he  concurs  Avith  the 
Superintendent  the  party  may  accept  the  decision  or  l)ring  suit. 
Proceeds  to       $^  927.  Tlio  procccds  of  said  road,  after  deducting  expenses  and 

be  paid  '  i.i  t  ••  ^      ^^   ^  •  t    •  ^ 

niontiiiyin-  all  debts,  wliicli  arc  hens  upon  its  income,  shall  be  i)aid  into  the 

to  Treasury.  ,.     i         n  i  i  i       i      n    j^  t     i  i 

treasury  <->i  the  St;ite  monthly,  and  shall  first  be  applied  to  the 
owappic.  ^^j^.^,^^^j.^|  Qj.'  ii^^,  principal  and  interest  of  the  bonds  of  the  State 

issued  on  ac(-ount  of  said  road. 
(Tseiessin.n.      8  92^.  AVhcuevcr  auv  iron,  or  any  tackle  or  aiii:)arel  mav  be- 

Ac.,  shall  be         ^  .■,"1,10  •  1  *i 

soidonKti     foiiie  useless  to  said  road,  and  the  Supennteiident  cannot  have 

days  notice.  ,  ,  ^ 

the  same  converted  into  new  iron,  on  reasonal)le  terms,  or  for  any 
other  good  reason,  he  shall  sc;!!  tlic  same  at  public  outcry,  at- 
whatever  point  it  may  be  most  to  the  interest  and  convenience  of 
the  road,  to  the  highest  ])idder,  after  giving  at  least  thirty  day's 
notice  of  the  time  and  place  of  said  sale,  with  a  description  of 
the  ])roperty  in  a  iniblic  gazette  at  Atlanta. 
♦Sale  maybe      §929.  Jlc  may  scll  Said  property  for  cash  or  credit,  as  in  his 
on  credit,     discretioii  it  may  be  best  for  the  State ;  Provided,,  That,  if  on 
credit,  it  shall  not  be  longer  than  twelve  months,  with  note  or 
bond  and  personal  security  thereto,  payable  to  the  Governor  and 
Proceeds  of  his  succcssor  ill  office,  or  bearer,  which  shall  be  deposited  in  the 
*''^®'  State  Treasury,  and  when  collected,  be  as  part  of  the  net  earn- 

ings of  the  road. 
officornotto      §930.  Neither  the  Superintendent,  or  any  officer  of  the  State 
chasen^'       Road,  sliall  l)e  a  purchaser,  directly  or  indirectly,  at  said  sales, 


PT.  1.— TIT.  9.— Public  Property.  18X 

Chapter  3. — The  Western  .fc  Atlantic  Railroad,  and  its  Goveniment. 

on  pain  of  forfeiting  to  the  State  the  property  purchased  and 
price  paid,  and  of  beins;  removed  l>y  the  Governor. 

§931.  Tlie  Sui)erintendent  shall  keep  a  record  of  all  such  pro- r.ocord  of 

'^  1  i  _  ■•■  sales  to  be 

perty  sold,  to  whom  sold,  and  Vv-hat  price,  and  on  what  terms.  i^Tt- 
and  shall  embrace  the  same  in  his  report  to  the  Governor. 

^  932.  The  Governor  (»r  Supcrinteiulent  shall  not  sell  any  part  of  uestriction 
the  right  ot  way,  nor  any  property  or  land  ot  the  road,  that  may  '"ad  pro- 
be necessary  for  the  erection  of  depots,  wood  yards,  water  sta- 
tions, or  for  any  other  improvement  to  the  convenience  or  interest 
of  said  road  ;  1  >ut  they  may  sell  any  land  of  the  road  if  of  no  use 
to  it,  in  the  manner  iron  is  sold — advertisino;  it  in  a  public  ga-  Land  may 

,..,,.     I't'  sold. 

zette  at  Atlanta,  and  in  the  county  where  it  lies,  and  in  a  public 
ii;azette  thereof,  if  one,  and  the  Su]^erintendcnt  shall  execute 
deeds  thereto  in  his  oflicial  capacity. 

§933.  All  lunatics  and  idiots,  and  the  persons  having  them  in  persons  tra- 
charge,  not  more  than  one  to  each  of  such,  when  sent  from  any  charfre  on 
county  to  the  Lunatic  Asylum,  and  the  latter  returning,  and  all 
deaf  and  dumb  and  blind  pupils  partaking  of  the  State's  bounty, 
witli  their  necessary  attendants,  when  going  and  returning  from 
their  schools,  shall  go  from  and  return  to  their  homes,  free  of 
charge  on  said  road. 

^93-Jl:.  The  Superintendent  of  said  road  is  speciallv  charired 'rupff'ntcn- 

"^  I  1  .'  r^        dent  to  on- 

with  the  due  execution  and  faithful  fultilment  of  all  the  laws  for  {J,'^'^^' ^^>^' 
the  government  and  regulation  of  the  same. 

i^  935.  Said  road  shall  transport  lime  for  agricultural  purposes,  Lime--trans- 

^  ~  ,        portttion  of. 

by  the  car  load,  from  any  depot  thereof  to  Atlanta,  from  the  tirst 
day  of  May  to  the  iirst  day  of  August  of  each  year,  or  at  any 
other  time  not  contiicting  with  the  interest  of  said  road,  at  a  rate 
not  exceeding  three  cents  per  bushel :  provided,  connecting  roads 
at  Atlanta  will  transport  lime  for  agricultural  pur]>oses  at  corres- 
ponding low  rates,  and  give  the  Superintendent  of  the  road  no- 
tice thereof,  with  consent  to  be  bound  permanently  by  such  rate. 
Any  connecting  road  at  Atlanta  failing  to  give  such  notice  and 
consent  shall  not  be  entitled  to  the  l>enetits  intended  to  be  secured 
to  the  agricultural  interest  contiguous  to  such  road.     Before  any  | 

person  shall  transport  lime  on  said  road,  or  any  road  in  connec- 
tion therewith,  at  said  rate,  he  shall  make  oath  in  M'riting  before 
receiving  said  lime  and  paying  said  freight,  that  it  has  been  or  is 
to  be  transported  for  and  will  be  used  in  good  faith  in  improve- 
ment of  the  soil  in  the  State  ;  which  athdavit  shall  be  tiled  in  the 
office  of  the  company  to  v^liom  the  freight  is  i>ai(l. 


182  PT.  1.— TIT.  (>.— Plblio  Pkoperty. 

Chapter  4. — Stocks. 

CHAPTEPt  IV. 

STOCKS. 

Section-.  Sectiox. 

9:]6.  Bank  slock  (iwued  by  State.  ;   9ScS.  Stock  in  Main  Trunk  Railroad. 

9;J7.  Railroad  stock  owned  liy  State. 

Bank  stock       §930.  Tlic  State  owns  the  following-  Bank  Stock — 

S.*^^^         in  the  Bank  of  the  State  of  Georgia, 1833  shares. 

In  the  Bank  of  Augusta, 890      " 

In  the  Bank  of  Georgia  K.  P.  &  Bank'g  Co.  .  .    186      •" 
Kaiiroad  ^937.  The  State  owns  the  following  Pailroad  stock — 

''''''•  in  the  Main  Trunk  Koad, '. 5000  shares. 

Extension  of  §  938.  TIic  stock  in  the  Main  Trunk  may  be  extended  to  ten 
Main  Trunk  thousaud  shares,  on  the  condition  that  the  State  shall  own  as  she 
Railroad.      ^^^^^  ^^^^^^^  Hve-eleveuths  to  be  taken  when  individuals  take  and 

pay  for  the  balance  according  to  the  act  of  incorporation  and  acts 

amendatory  thereof. 


CHAPTEE  T. 

OTHER  PUBLIC  PROPERTY. 
Sectiox  939.   Librarv.  furniture,  arin.s,  ke. 


Library,  ar-       §939.  The  State  owns  the  library  at  the  Capitol,  the  furniture 
tlntl  tc.',     and  contents  of  her  various  public  buildings,  and  the  public  arms, 
property  of  jj^^^^itiQj-is  and  accoutremeuts  of  war  in  her  arsenals  and  in  the 
charge  of  her  several  volunteer  companies,  and  of  the  Superinten- 
dent of  the  Military  Institute. 


PT.  1.— TIT.  1(».— ruiJLio  FRisnac..  ^ 


Chapter  1. — Public  Printer — his  Duty  and  Comix-nsatiou. 


TITLE  X. 

PrBLK"  PRIXTlNi;. 


CTIAPTEK  1. 

rUBLIC  PRIXTKn— HIS  DFTY    AXT>  COMPKXSATIOX. 

:  Skci'iox.  .Skctiox. 

940.  Kloi'tion  of  PuMic  i'riiitor.  !'•"(!.   L;i\vs  aiidJuurn;ils — hi>w  iiriure'l. 

911.  He  must  give  bond.  9,')'J.  Style  of  tlio  printiuff. 

942.  On  failnre  to  give  other  bond.  fee.        it.')!!.  Miuinscript.s  to  be  furnished. 

943.  Vaeancy — how  s\ipplied.  9r)4.  Xo.  of  copies  Laws  and  Jouniiils. 

944.  Damages  for  breach  of  bond.  ".t.'ij.  If  insullicient  others  may  be  printed. 
045.  Place  of  i)rinting.  Xc.  9.'»G.  Priuteil  matter — delivered  to  whom. 

946.  Printing  during  Legislattu'C.  UTu.  ComiJcnsatiou  of  Printer. 

947.  Failure  vacates  office.  9.')S.  I'onalty  for  delay. 

948.  "When  Printer's  duties  begin.  9r>9.  Contract  and  bond  of  new  Printer. 
.  949.  "\Vh;it  he  must  print.  '.MlO.  Pay  of  removed  Printer. 

HTiO.  Ordered  matter — how  printed.  'M'>\.  Work  of  decea,«ed  Printer. 

^H4(>.  At   every  animal  session  of  tlie  General  Assembly,  a  I'ui.ii.- Prin- 
ter .mnually 

Public  State  Printer  shall  be  elected.  cieited. 

§941.  Within  ten  days  from  the  day  of  his  election  he  shall  Hi.s  bora, 
ffive  a  bond,  Avith  oooj  surety,  in  the  sum  of  ten  th(»nsand  dol- 
lars, to  be  approved  by  the  Goyernor,  tiled  in  the  Executive  ottice, 
And  recorded  in  the  t)tHee  of  the  Secretary  of  State. 

§942.  The  Governor  is  authorized  to  require  from  the  Public  Lfsi.siature 
Printer  additional  bond  and  surety,  as  he  may  from  a  State  House  oancy,'' 
■officer,  and  on  his  failure  to  comply,  declare  a  vacancy. 

§  943.  If  the  General  Assembly  is  in  session  when  such  failure  A.uutionai 

1/1  1      11  '         •  1         .  1  1  lion<l  may  be 

occurs,  the  Governor  shall  communicate  the  tact  to  tlieni,  Avhen  reanire.i;&c. 


they  shall  supjdy  the  vacancy  by  election. 

§  944.  If  a  Public  Printer,  after  havinir  been  elected  and  given  Damages  <> 
bond,  commits  a  breach  of  it,  on  the  trial  the  jury  shall  assess  IS!'*  "^ 
<not  less  than  one  thousand  nor  more  than  three  thousand  dollars 
as  liquidated  damages,  besides  the  actual  damages  sustained. 

§945.  Such  Printer  and  his  sureties  must  be  citizens  of  this  rnntrran' 
State,  and  the  public  printing  must  be  hona  jide  performed  with- b^citi'zou*. 
in  her  limits,  unless  special  })ermission  otherwise  is  obtained  from 
the  General  Assembly. 

§  940.  All  printing  specially  ordered  by  the  proper  autlu>rity  iviiitini; 
during  a  session  of  the  General  Assembly,  shall  be  executed  with  sion. " 
.  all  possible  dispatch  and  correctness,  at  the  seat  of  Government. 


184  TT.  1.— TIT.  10.— PuELic  PkixNtixg. 

Chapter  1. — Public  Printer — his  Duty  and  Compensation. 

Violation  of      §  947.  If  the  provisions  of  the  two  precedins;  sections  are  vio- 

last  two  sec-  -,  ,       ■,       ^  .,.,.  ■ii'^  ^ 

tions.  lated,  the  (roveriior  may,  iii  his  (hscretion,  dechire  a  vacancy,  and 

the  compensatian  forfeited. 
Beginmn? of     §  04s.  The  dntics  of  tlie  Puhlic  Printer  do  not  Legin  nntil  the 
duty"""^  first  day  of  til e  next  session  of  the  General  Assembly  after  his 

election. 

What  he  g  949.  IIc  sliall  print  the  Laws  and  Journals,  and  such  bills,  re- 

must  jirint.  Ill  1  1  1  1  •  T    1 

ports,  and  other  documents,  as  may  l>e  ordered  to  Lte  printed  dur- 
ing his  term  of  office,  which  includes  the  printing  of  all  extra 
sessions  held  during  that  time. 
How  print-       §950.  All  papers  ordered  to  be  printed  by  either  House  shall,- 

ing  must  be         .  -,  .        , .  ,    ,  .  -,  '  ■,  , 

done.  unless  Otherwise  directed,  be  printed  upon  paper  tliat  can  be  easi- 

ly written  upon;  the  sections  and  lines  must  be  numbered,  hav- 
ing sufficient  margin  and  intervening  space  to  admit  of  interlinea- 
tions, for  which  service  the  Governor  shall  allow  extra  compensa- 
tion, not  exceeding  twenty  per  cent,  on  the  established  rates. 

Laws  and         S  951.  Tlic  Laws  and  Journals  must  be  ijrinted  upon  small  pica 

journals  "^  •  i  i      V  .  .   ,  .  . 

how  printed  tvpe.  Oil  o-Qod  paper,  aud  delivered  to  the  Executive  withm  nme- 

and  deliver-     .-  J-     '  '^  ^     -i 

ed-  ty  days  after  the  manuscripts  are  received  from  the  compiler. 

Direction  as  §952.  The  foriiier  must  be  printed  of  a  uniform  size,  and  of  a 
journals!  Style  ccpial  in  mechanical  execution  to  the  Laws  of  1853-4,  and 
the  latter  must  be  on  pages  the  size  of  the  Laws  of  the  United 
States,  and  have  like  intervals  between  the  paragraphs. 
Sec',  of  Sen-  §953.  The  Secretary  of  the  Senate  and  Clerk  of  the  House 
House  to    '  shall  furnish  the  manuscripts  of  their  iournals,  and  indexes  tliere- 

fnrnishMSS.  ,  i   ,.         i  •  i  •  t  i>  i  i 

to,  properly  prepared  tor  the  press  withm  twenty  days  trom  the  ad- 
journment of  each  session  of  the  General  Assembly,  under  a  pen- 
alty of  five  hundred  dollars  each,  to  be  retained  out  of  their  pay. 
Number  of       §  954.  There  shall  be  printed  one  thousand  copies  each  of  the 
^law™"^ ""'  Journal  of  each  branch  of  the  General  Assembly,  and  five  thou- 
sand copies  of  the  Laws,  to  be  bound  T)y  said  Printer  in  dural)le 
style  and  e(pially  as  well  as  the  laws  of  1853-4. 
Additional        §955.  If  such  nuuiber  should  prove  to  be  insufiicient  for  the  use 
be  ordered,   of  the  State,  the  Governor  may  order  such  additional  copies  as  in 
his  opinion  the  public  interest  may  require,  and  allow  therefor 
reasonable  compensation. 
Printed  mat-      ^  950.  As  the  public  iirintiuLi:  r)ro2;resses  the  Printer  must,  from 

tertobe  de-        "  ^  ^  !r  1       !-<  i-  i  •  i 

livered  to     time  to  time,  with  all  possible  dispatch,  deliver  the  printed  mat- 
Librarian.  '  ^  . 

ter  to  the  State  Librarian,  at  his  office,  free  from  any  expense  to 

the  State  for  transportation. 


PT.  1.— TIT.  K).— FuiiLic  Prixting.  186 

Chapter  1. — Public  Printer — his  Duty  and  Compensation. 

§  957.  If  said  Printer  shall  legally  and  faitht'ullv  perform  his  compensa- 
dntiee,  he  shall  be  compensated  as  tollows:  hc  Printer. 

For  Laws  and  Jonrnals — 

1.  For  composition  (»<»  cents  per  Itioo  ems. 

2.  For  press  work,  o(i  cents  per  clean  token. 

For  Job  work —  * 

1.  For  composition,  75  cents  per  luoo  ems. 

2.  For  press  work,  50  cents  per  clean  token. 
For  paper,  20  per  cent  in  addition  to  actual  cost. 
For  rule  and  figure  work,  double  price. 

In  job  M'ork  any  thiu":  less  than  a  page  shall  be  counted  as  a 
page. 

For  l»in(Hng  laws,  3<>  cents  per  copy. 

For  cutting,  folding,  stitching,  covering,  title  page,  and  trim- 
ming the  journals,  twenty  per  cent,  in  addition  to  actual  cost. 

For  any  additional  com]iensation,  at  the  same  rate.  Any 
charges  above  those  enumerated  mu^t  be  submitted  to  the  Gen- 
eral Assembly. 

§  958.  Should  any  delay  occur  in  the  prompt  delivery  of  the  Forfeiture 

Laws  and  Journals,  as  required,  the  Governor  shall  deduct,  at  the  <itiivery  of 

/.  i<>i  •     1  1111  '"^^^  ""'^ 

rate  ot  ten  per  cent,  per  month,  for  the  particular  work  delayed, .i-"irnais. 

until  the  date  of  delivery.  If  the  delay  shall  l)e  protracted  more 
than  six  months  the  Governor  may  reniove  the  Printer  from 
otfice.  If  any  portion  of  the  M'ork  is  not  executed  so  as  to  be  a 
substantial  compliance  with  the  requisitions  of  the  law,  the  Gov- 
ernor shall  reject  it.  and  order  it  executed  over,  or  a])point  a  new 
Printer,  as  his  judgment  shall  dictate  or  the  emergency  may  re- 
(juire. 

§950.  AVhen  a  new  Printer  is  appointed  under  the  two  prece- ^ew  Printer 

.,  ^  ^  ^  to  civo  bond. 

dmg  sections,  he  shall  give  such  bond  and  surety,  and  on  such 
conditions,  as  the  Governor  may  require,  who  is  also  authorized 
to  make  a  special  conti'act  for  tlie  public  printing  in  such  an 
event. 

§  960.  When  the  Printer  is  removed  the  Governor  is  authorized  a  iivantum 

.  ,      ,  .  iiieruif  may 

to  take  such  i)ortion  of  his  work  as  he  has  executed  accordino-  to  i"' pa'^  to  a 

'■  ~  niiioven 

law,  and  allow  him  lawful  compensati(»n  therefor,  but  he  must  i*'"'"'"- 
deduct  therefrom  the  least  })enalty,  and  the  damages  sustained  by 
his  failure. 

§961.  AVhen  the  Printer  dies  before  completing  his  work,  his  Jj^Hf  d"e':'" 
legal  representatives  are  allowed  to  do  so,  it  being  understood  |"e,"^7i!..v ""' 
that  all  bonds  of  Public  Printers  cover  such  contingency*  and  the  w(!?k.'^'^ 


186  PT.  1.— TIT.  10.— Pljjlk;  Pkintin^. 

Chapter  1 . — Public  Printer — liis  Duties  and  Compensation. 

Governor  i?  authorized  in  such  an  event  to  wait  thirty  dayg  for 
an  afisurance  of  such  performance. 


CHAPTER  II. 

4  OTTIKR  PRIXTIX*;. 

Sectiox.  Section'. 

962.  How  otlier  printiuir  is  done.  9(i?>.  Public  Printer  entitled  thereto. 

Directions        §  9i>'2.  All  printing  other  than  that  performed  by  the  Public 
ing  other     Printer,  which  necessity  may  demand,  shall  be  printed  at  the 

tlian  public    ^  ,»  /-i  '  i  i  i  i 

printing.  fecat  ot  (jrovemment,  or  such  other  place  as  may  be  necessary,  m 
the  discretion  of  the  Governor,  under  his  direction  and  supervi- 
sion, upon  reason;i1)le  rates,  to  be  paid  for  out  of  the  contingent 
fund. 

Public  Prin-      8  963.  If  the  Public  Printer  executes  his  work  at  the  Seat  of 

ter  pre-  ,,.,■,. 

ferred.  Govemmeut,  or  at  the  ])lace  where  the  printing  relerred  to  m 
the  preceding  section  is  required  to  be  done,  he  is  entitled  toper- 
form  such  printing,  if  he  will  do  so  at  reasonal)le  rates. 


CHAPTER  III. 

THE  COMPILER. 

Sectiox.  !  Sectiox. 

964.  Compiler — how  appointed.  Sec.  9fi7.  Another  appointed — when. 

965.  His  dntie.s  specified.  968.  Compiler's  compensation. 
96G.  Penalty  for  failure. 

•Compiler of      8  OG-I.  The  Govcmor  shall  <ii>p<)int  some  competent  person  to 

laws  to  be  "  -i        i  i  »  i  •  >     i         /"i 

appointed,  prepare  and  compile  the  several  acts  ot  each  session  ol  the  Gen- 
eral Assembly,  whi(;h  appointment  must  be  made  at  any  time  in 
his  discretion,  provided  it  is  done  before  such  session  adjourns. 

Com  ifer         ^  ^^^'  ^^  ^^  ^^^^  '^^^^^^  «*' t^^e  Compiler— 

1.  To  distinguish,  in  his  classification,  the  public  laws  from 
those  that  are  local  or  private,  and  to  arrange  the  former  under 
appropriate  heads. 

2.  To  prepare  for  puMicatioii  side  and  head  notes  for  refer- 
ence. 

3.  To  add  notes  referring  back  to  such  previous  legislation  as 
may  be  modified  or  repealed,  and  notes  giving  the  decisions  of 
the  Supreme  Court  since  the  last  publication  of  the  acts  upon  the 
subject  matter  of  each  act  of  a  public  nature. 


l'*T.  1. — TIT.  1(». — PuKLTo  Printim^.'  187 

Chapter  3.— Tho  Compiler.  " 


e  dies  or 
becomes  dis- 
abled. 


'  coui- 


4.  To  prepare  and  append  a  copious  index. 

5.  To  furnish  tlie  Public  Printer  M-itli  a  fair  copy  of  all  work 
required  of  liini  in  the  preceding  portion  of  this  section  within 
forty  days  from  the  adjournment  of  the  session. 

f).  To  i-cad  the  proof  of  the  same,  and  carefully  compare  tliem 
with  the  certified  copies.  ^ 

§yor..  If  a  Compiler  fails  to  perform  his  work  in  the  time  al- Failing  to 
lowed,  he  forfeits  his  compensation,  unless  in  the  opinion  of  the  work'"' ^' 
"Governor  he  has  a  satisfactory  excuse. 

§9G7.  If  he  dies  or  becomes  disabled  l)efore  completing  his  if  h 
Avork,  and  so  as  he  cannot  finish  it  Avithin  the  time  prescribed, 
the  Governor  shall  appoint  another  Compiler  to  finish  it,  and  ap- 
portion the  compensation  rateably  between  them. 

§068.  lie  is  under  the  supervision  of  the  (Governor,  and  must  ui*  ..,.=- 
«nter  upon,  and  continue  u]>on  the  discharge  of  his  duties  as  the  ^'"'""''''■ 
Governor  may  order,  and  shall  receive  for  his  services  compensa- 
tion to  be  fixed  by  the  Governor,  not  exceeding  five  huiulred 
•dollai-s. 


CIIAPTEK  IV. 

DISTRIIIUTIOX  ()F  TIIK  LAWS  AND  JOURXALS,  AXD  OTHER  DOCUMEXTS. 
Sectiox.  .  Section. 

969.  Laws  and  Journals  to  be  ili.>tril.utod.      97.5.  Distribution— hoxv  let  out. 

970.  No.  copies  for  eacli  county.  976.  Distributors  nnist  give  bond. 

971.  Five  coj.ics  .Tournals  for  each  co.  077.  Dama-es  for  breach  of  bon.I 

972.  Clerk  shall  keep  2  bound  Journals.   ,   978.  Bonds— where  filed 

973.  Reserved  copies  of  laws.  I  979.  Wlien  Gov.  mav  appoint  distributors. 
^li.  Acts  ol  Congress  for  each  county.         980.  Residence  of  distrilmtors. 

§  969.  After  the  Laws  and  Journals  are  compiled,  printed,  bound  i^a^.  and 
and  delivered  t,.  tlie  State  Librarian,  he  shall,  under  the  supervi-HSu- 
sion  of  the  Governor,  cause  them  to  be  distri])uted  to  tlie  several '"'' 
counties  of  this  State. 

§970.  Each  county  is  entitled  to  one  copv  of  the  Acts  of  the  c^^^*  of 
General  Assembly  for  each  civil  ofiicer,  botii  judicial  and  minis- ^'^"?'''''' 
terial,  to  be  distributed  by  the  Clerks  of  the  In'ferior  Courts  under 
the  order  of  the  Justices. 

§971.  Each  county  is  entitled  to  five  copies  of  the  Journals  of  copies  of 
each  branch  of  the  General  Assembly,  M-hich  are  to  remain  onl^oSnt^ 
deposit  in  the  ofiice  of  the  Clerk  of  the  Inferior  Court,  and  to 
M-hich  the  voters  of  the  county  shall  have  free  access;  also  a  copy 


188  PT.  1.— TIT.  10.— Public  PiiiNTiXG. 

Cha]>tcr  4. — Distribution  of  the  Laws  and  Journals  and  other  Piiblic  Documents. 

of  the  Laws  and  Journals  for  each  member  of  the  General  Assem- 

bly. 

Journals  to       §972.  Twu  of  the  copies  ot  the  Journals  ot  each  branch  of  the 

General  Assembly  shall  be  as  well  bound  as  the  ''Acts'" — one  by 

such  Clerk  at  the  expense  of  the  county,  securely  ke])t,  and  not 

V    permitted  to  go  out  of  his  otRce. 

Reserved         §  073.  The  Librarian  shall  reserve  live  hundred  copies  of  the 

copies.        ^^^^^  ^.^^_  such  further  distribution  as  the  General  Assembly  may 

order. 
Acts  of  Con-      §074.  Each  county  is  entitled  to  two  copies  of  the.  Acts  of 
^'^*^'         Congress,  to  be  kept  in  the  otiice  as  the  journals  are. 
Advertise-        §075.  Immediately  upon  the  adjournment  of  each  session,  he 
tribnteLiwr shall  advertise  in  one  paper  in  the  cities  of  Augusta,  Atlanta, 
''"''^''"""^'- Athens,  Columbus,  Macon,  Milledgeville,  Eome  and  Savannah, 
for  proposals  to  distribute  the  laws  and  journals,  and  other  books 
and  documents  required  by  law  to  be  distributed,  for  one  distrib- 
utor of  such  for  each  Congressional  Distri(;t  within  sixty  days, 
from  the  time  received. 
Distriimtor       §  07C).  Bcforc  1  >egimnng  tlic  work,  each  distributor  shall  give 
ogive  on(..  ^  bond,  witli  good  securit}',  in  the  sum  of  live  hundred  dollars,  to 
be  approved  by  the  Governor,  conditioned  for  the  prompt   and 
faithful  delivery  of  the  books  (specifying  them)  to  the  Clerks  of 
the  Inferior  Courts  of  the  several  counties  therein  named  within 
thirty  days  from  their  receipt. 
Damages  f..r     §077.  If  uot  done  witliiu  the  time  and  in  the  manner,   the 
bond!  "      whole  bond  is  recoverable  as  liquidated  damages.  Providential 

causes  only  excepted. 
Bond  filed        §^78.  Sucli  bouds  luust  be  tiled  and  recorded  in  tlie  Executive 

&  recorded.    ^^^^.^^ 

_.     ,  S070.  If  no  person  applies  for  the  distribution  of  aiiv  district, 

Distributor  '-'    _  J-  ^  ^  _  _        .  "^ 

— whenaii-  .{-i^e  Govemor  is  authorized  to  appoint  such  distributor. 

pointed.  '-  ^  .  , 

Preferred         §080.  The  Librarian  is  required  to  select  an  applicant  lor  a 
distributors.  Congressional  District  of  whicli  he  is  a  resident,  if  physically  and 

mentally  capable  of  the  service,  and  gives  the  requisite  l»oiid  and 

securitv. 


PT.  1.— TIT.  11.— Pl-blic  Defence.  189 


Chapter  1. — Persons  subject  to  Military  Dntv.  Exemptions.  &c. 


TITLE  XI. 

PrBLir  DEFKXCK. 


CHAPTER  I. 

Pi/rSONS  subject  to  military  I>UTY,   KXI-N[PTI()XS.  a-,^ 

Section-.  Section-. 

981.  Persons  subject  to  niilitar}'  duty.  i  989.  Coniniutation  tax— how  avoided. 

982.  Persons  exempt.  |  990.  Company  drills— four  in  each  year. 

983.  Officers  of  militia — when  e.vempt.  j  901.  Volunteers  exempt  from  road  duty. 

984.  Xon-commissioned  officers,  &c.  I  902.  Amount  of  commutation  tax. 

985.  Persons  employed  on  vessels,  Ac.  I  093.  Receipt  therefor. 

986.  Persons  subject  must  be  registered.  I  994.  Transient  persons — when  subject. 

987.  Oath  of  persons,  &c.  i  995.  Free  men  of  color— liow  sulycct. 
938.  May  perform  service  or  pay  tax. 

§981.  All  able  bodied  free  wliitc  male  citizens  between  the  who  are 
ages  of  twenty-one  and  forty-live  years,  residents  in  this  State,  iniiiur/" 
and  not  exempted  by  this  Code,  are  subject  to  military  duty.        '''""^' 

§982.  The  followinp;  exemptions  shall  ])e  recognized,  viz:  who  are  cx- 

1.  The  chief  officers  of  the  several  Executive  Departments  of'''"'''' 
State. 

2.  Judges  of  the  Supreme,  Superior  and  City  Courts,  Justices 
of  the  Inferior  Courts  and  of  the  Peace,  Sheriifs  and  Deputies, 
Clerks  of  Courts  and  Ordinaries. 

3.  Members  of  the  Legislature  during  the  term  for  M-hich  they 
shall  be  elected,  officers  of  the  Legislature  during  its  session  and 
for  seven  days  l)efore  and  after  the  same. 

4.  Persons  employed  on  Railroad  Trains,  and  rei)airers  of  Rail- 
roads, Operators  and  Messengers  of  Telegra]>]i  Companies,  Post- 
Masters  and  persons  employed  in  Post-Offices  and  the  transpor- 
tation of  the  Mails. 

5.  Ferrymen,  Bridge  and  Toll-r4ate  Kee])ers  and  Pnl)lic  Mil- 
lers. 

6.  Ministers  and  Preachei-s  of  the  Gospel,  Professors  and 
Students,  and  Tutors  in  all  Colleges. 

7.  Aliens  and  persons  not  qualilied  to  vote  for  members  of  the 
Legislature. 

8.  All  persons  exempted  by  the  xlcts  of  Congress. 

9.  All  persons  on  the  payment  of  the  Commutation  Tax  pre- 
scribed by  this  Code. 

10.  All  officers  and  non-commissioned  officers  of  the  militia 


190  FT.  1.— TIT.  11.— i'liiLir  Dkfenck. 


Chapter  1. — Persons  subject  to  MUitarj^  Dutj',  Exemptions,  ^tc. 


who  may  entitle  tlieinselves  to  the  priviles^es  as  hereinafter  pre- 
scribed. 

11,  Active  ineniber»  of  \'<>liniteer   C<trj)s  afto"   a  prescribed 

term  of  service. 

12.  lleo;uhir  members  of  aiiv  Fire  Department  or  orpuii/.ation 
connected  tlierewith. 

Militia  oni- .     55!»S3.  Company  officers  of  the  militia  who  shall  nniform  and 

XxeliJii.V'  eqnip  tlicmselves  according  to  the  re<i;nlations  prescribed  for  the 

dress  and  nniform  of  the  army  of  the  Confederate  States,  and 

shall  serve  in  their  i-espeetive  stations  continnonsly  for  the  term 

of  ei2:ht   vears,  shall   not  be  liable  t(»  be  called  on  for  military 

Exception,    dnty  thereafter,  except  in  case  of  war,  insurrection,  rebellion  or 

invasion. 
Non-com-         §  i^'^'l.  Evcrv  non-conuiiissioned  officor,  mnsician  or  private  of 
Xcerrwu- every  nniformed  volunteer  corps  who  shall  uniform  and  equip 
privau-r*    himself  and  whose  term  of  service  shall  amount  to  seven  years, 
Exception,    shall  also  be  exempt  from  military  duty,  except  in  case  of  war, 

rebellion,  insurrection  or  invasion. 
Persons  em-      ^  <>85.  Everv  persou  employed  l)y  the  year  or  season  on  board 
ve^sseisa'ii-    auv  vossel,  or  in  the  merchant  service,  or  coasting  trade,   all 
.lores  and     pilots  and  stevedores,  persons  employed  in  any  blooming  furnace, 
berers  ex-    q^-  o'lass  or  i3orcelain  factory,  cotton  or  wool  mill  shall  l)e  exempt 

•iinpt.  ^  i  _  • 

Exception,    from  militia  duty,  except  m  cases  above  enumerated. 

§  986.  Receivers  of  Tax  lieturns  shall  at  the  time  of  receiving 
returns  of  taxable  property  from  the  citizens  of  this  State  insert 
in  appropriate  columns  in  their  digest  the  following  particulars, 

viz : 
Liability  of       1.  Whether  the  tax  payer  is  himself  subject  to  nn'litia  duty. 
Hi^iEnyi      2.  How  many  in  his  employ  or  ineml)ers  of  his  lamily  are 

.mployees.  i   •       . 

sul)]ect. 

Cause  of  any      3.  The  causc  of  exemption,  if  any  exists. 

ms°!iistXt.  -i.  The  coniitany  district  or  ])eat  to  which  the  tax  payer  be- 
longs. 
Also  amount  5.  The  aiiiount  of  commutation  tax  chargeable  to  him  instead 
mut'ition uix  of  personal  service,  and  the  amount  so  charged  shall  be  collected 
urTax  c"oi-by  the  Tax  Collector  and  paid  over  to  the  Treasurer  of  the  State 
Tax'^Co^Hec-  witli  the  general  tax,  and  shall  constitute  the  luiHtary  fund  of 
the  State. 

^987    iS^o  Receiver  of  Tax  lletnrns  shall  enter  an  exem])tion 

Cause  ot  ex-        c  ^     '  •it 

emptionto   +■,...,>.,  niilitarv  duty  aicainst  the  name  of  any  person  without  due 

he  venlied     ^i^*"-  j  ^       <-<  ■      • 

>.yoath.       proof  of  the  existence  of  tlie  cause  on  which   tlie  exemjition  is 


PT.  1.— TIT.  11.— Fi  DLio  Defence.  %Bl 

Chapter  1. — Persons  subject  to  Military  Duty,  Exemptions,  &c. 

claimed,  and  to  that  end  the  following  clause  shall  be  added  to 
the  oath,  administered  bv  the  Receiver  of  Tax  Returns:  "And 
that  I  believe  inyself  exempted  from  militia  duty  in  this  State 
for  and  on  account  of  the  cause  set  tbrtli  in  this  return." 

§  988.  Everv  citizen  subject  to  military  duty  may  perform  the  Porsonai 
same  in  lieu  of  ])ayinii:  the  taxes  herein  prescribed,  but  the  certi-LuoTta". 
licate  of  the  captain  or  conunandiiii;-  otticer  of  the  company  to 
whicli   he   belonijs  and   in  which  he  is  actually  cni'olled.  sliall  be 
the  only  evidence  which   the   Tax   Collector  is  authorized  to  re- 
ceive in  place  of  the  amount   cliarired  on  the  Receiver's  diijest. 
and  the  prodnction  of  \yhich  shall  be  noted  l)y  the  Tax  Collector  ,v,.tiiu.ate 
on  his  return,  and  he  shall  be  allowed  tlu;  same  in  settlement.       roiwctw. 

§989.  The  ca})tain  or  commandinn'   otlicer   in   each   company  <^^,,„„„jj„^. 
district  shall  enroll  from  time  to  time  all  persons  in  the  limits  of 't"^on*n*'" 
the  district  subject  to  military  duty,  and  shall  without  delay  no- J,'|stHct"  ^'° 
tity  such  persons  of  their  enrollment,  and  shall  give  a  certificate  \„tice  to  be 
to  each  person  performing  military  duty  that  he  has  faithfully  *^'^'"" 
])erformed  the  same,  according  to  the  re(piirements  of  the  Code, 
for  twelve  months  preceding  the  31st  day  of  December  in  each 
and  every  year,  and  such  certificate  shall  be  produced  at  the 
time  of  returning  liis  taxable  property,  and  on  failnie  so  to  do  Failure  to 
the  conunutation  tax  for  militia  duty  shall   be  charged   against  jui'-ate* '^''*^ 
him  on  the  book  of  the  Receiver  of  Tax  Returns. 

§990.  Captains  of  companies  shall   cause  tt>  be  mustered  for  captmns  to 


muster  com- 


})arade  and  drill  all  })ei'sons  within  their  ci>m[»anv  districts  who  pnus four 

1  i  1  <     i  •  1  1  .'  '    ,•        1   •    1  times  each 

do  not  pay  tiie   commutation  tax,  the  only  proot  ot  which  pay- year, 
meut  shall  be  the  reccij^t  of  the  officer  authorized  to  collect  thei.aymenTof 

who  are  not  otlierwise  exempt,  at  least  tour  tunes  nitiontix. 
each  year,  at  such  times  as  they  may  direct,  but  there  shall  be 
an  interval  of  at  least  one  month  between  each  muster,  and  they 
shall  lile  a  copy  of  their  company  roll  with  the  Clerk  of  the  In-  Company 
ferior  Court  innnediately  after  the  muster  which  succeeds  the 
closing  of  the  books  of  the  Receiver  of  Tax  Returns  for  which 

•"^i  111  •       1  •  1  .  -in  Compenffl- 

service  they  shall  respectively  receive  the  sum  ot  one  dollar.         tum  therefor 

§991.  Members  of  volunteer  corps  actually  in   uniform   and 
doiuLT  dutv,  and  the  tield  and  statf  officers  of  volunteer  reiriments'i"'"'*'^"'^" 

~  are  exempt 

and  battalions,  s(»  lonii;  as  thev  remain  such,  shall  be  exempted f''o"\'"?"'"' * 

i-  patrol  iintj-. 

fro]n  road  and  ]»atrol  <luty,  and  taxation  upon  property  l)y  any 
municipal  corporation,  excejit  such  as  shall  lie  liable  to  taxation 
by  law  to  raise  a  revenue  for  the  State. 

§992.   Tlu'  coiiiiimtatloii   tax  tbr   non-])cii'oniiance  of  militia 


192 


PT.  1.— TIT.  11.— Public  Dkfence. 


Chapter  1. — Persons  subject  to  Military  Duty,  Exemptions,  &c. 

commuta-    diitv  sliall  1)6  ten  per  cent,  upon  the  State  tax,  provided,  it  shall 

tion  tax  ten  •  ^  ^  t     i      ii   i  n  i  i 

per  cent,  on  alwavs  aniount  to  tAventy-nve  cents,  and  shall  be  collected  and 

state  tax.  "  'iiii-i-  im 

l^aid  as  other  taxes  are  collected  and  paid  into  the   Ireasnry; 
tlie  amount  thus  raised  sliall  be  set  apart  as  a  separate  fund 
charccealjlc  with  the  entire  military  expenses  of  the  State. 
Payment  t..      ^  i»93.  Tlie  Tax  Collector's  receipt  to  the  tax  payer  shall  dis- 

be  specitteil       .    '"  ■ ,.        i  ,.      i  ,     .•  i"        i-  m-    • 

inCoiiec-     tuictlv  si^ccitv  the  i)HYmcnt  oi  tlic  coniniutation  tax  lor  militia 

tor's  receipt.  "       ,  '  •  i  '  •  i  i  i  i  i  -i    i  i 

duty,  M-henever  ])ai(i,  iii  onlcT  that  tlie  same  be  made  available 
in  case  of  enrolhnent  1)y  tlie  ca}>taiiis  of  Militia  Districts  or  beat 
companies. 
Non-resi-         §991.  Transient  persons  havinu-  ;i  ])lace  of  lousiness,  and  doing 
businessTn"  l)usines3  in  the  State,  but  having  no  I'csidence  or  home  therein, 
able  to  mi'ii-  are  liable  to  militia  duty,  and  on  failure  to  pay  the  comimitatioii 
ary  u  y.    ^^^^  ^^_  perform  military  service,  shall  l)e  liable  to  an  additional  pen- 
alty not  exceeding-  twenty  dollars,  to  be  adjudged  by  any  court 
martial,  Avithin  whose  jurisdiction  they  may  happen  to  be  for  a 
period  of  ten  days. 
Free  men  of     §  995.  Free  iTien  of  color  al)ove  the  age  of  sixteen  years,  unless 
''''^belonging  to  the  fire  department,  shall  be  subject  to  the  call  of 
any  volunteer  military  organization,  if  there  be  one  in  the  town 
or  city  (jf  their  residence,  in  the  capacity  of  musician,  pioneer, 
meclianic  or  servant,  and  if  there  be  no  such  volunteer  organiza- 
tion, then  to  the  militia  in  one  of  the  aforesaid  capacities,  and 
they  shall  be  entitled  to  the  usual  wages  for  the  practice  of  such 
occupations ;  but  on  failure  so  to  attach  themselves,  when  re- 
quired so  to  do,  they  shall  })ay  to  the  Clerk  of  the  Inferior  Court, 
for  the  use  of  the  county  in  which  they  reside,  the  sum  of  live 
dollars. 


color  subject 
as  musi 
cians. 


Entitled  to 
wages. 


Failing  to 
serve. 


CHAPTER  II. 

M ILITAltY  ORGAXJZATIOX. 

Article  1.  Military  force — how  composed. 

Article  2.  The  Volunteers. 

Article  3.  Cavalry  Corps. 

Article  1.  The  Militia. 

Article  5.  Elections. 


PT.  1.— TIT.  11.— CHAP.  L\— Public  Dekkxoe.  im 

Article  1. — Military  Force — How  Cojuposcd. 

. A __^ 

APvTICLE  T. 

MTIJTAHY  FOJ'.CK— HOW  COMPOSED. 

Section.  Skctuix. 

'.>9G.  The  Milltury  force  <>l  the  State.  097.  The  Kiifrinecr  Corps  of  tlie  State. 

§990.  The  inilitnry  force  of  the  State  einl>rafes  the  Georgia  Military 
Militai-v  Institute,  the  vohiiiteers  and  the  militia,  t(»  wliieli  may  "'^"" 
Ije  added  such  military  scliools,  when  the  institution  is  of  a  mili- 
tary character,  as  may  avail  themselves  of  tlie  provisions  herein 
embraced. 

§997.  The  Georgia  Military  Institute  constitutes  the  engineer  The  engi- 
t;orps  of  the  State,  and  the  officers  in  the  Institute  having  jjjjjj. "«"  ^"""p^- 
tary  rank  in  the  Academic  staff,  (Cadet  officers  excepted,)  shall 
be  commissioned   as  such  according  to  their  respective  grades. 
(See  Military  Institute.) 


ARTICLE  II. 

THE  VOLUNTEERS. 

Section.  Section. 
008.  Volunteer  I'orees  of  the  State.  1010.  Fiiie.x — how  iinjioscd  and  collected. 

090.  Battalions  in  their  respective  eo's.         1011.  Elections — In- whom  ordered. 

1000.  Their  rights,  privileges  and  duties.       1012.  "When  hy  Commander-in-Chief. 

1001.  Number  of  officers,  itc,  necessary,  j   101. ■?.  Commissions  vacated — wlien. 

1002.  Companies — how  organized.  1014.  Suits  on  bonds  of  officers. 

1003.  Arms,  &c.,  supplied — when.  1015.  Disbanded  companies,  &c. 

1004.  Discipline  and  e.xercise  prescribed,  i   1016.  Artillery  Companies  received,  Ac. 

1005.  Must  make  annual  returns.  j   ioi7.  Volunteer  Companies  corporate. 
lOOG.  Independent  companies  disbanded.  I   1018.  Courts  of  Inquiry  &  Courts  Martial. 

1007.  Resignation  of  Captain.  ,    ]010.  Volunteers  exempt,  ic. 

1008.  Regiments  and  Battalions,  i^-c.  1020.  Cumulative  provision.s. 
1000.  May  adopt  By-Laws.                            } 

§998.  The  volunteers  consist  of  such  corns,  uniformed  and  The  voiun- 
equiped,  as  now  exist,  or  may  hereafter  be  formed  in  this  State. 
They  may  organize  themselves  into  companies,  battalions,  regi- 
ments and  brigades  at  their  option.  But  the  whole  volunteer 
force  shall  constitute  one  or  more  divisions  conforming  to  the  or- 
ganization of  the  Confederate  States  Army,  except  when  other- 
wise prescribed  in  this  Code.  As  soon  as  such  shall  be  organized, 
they  shall  l)e  reported  to  the  commander-in-chief,  and  shall  re- 
main permanent  until  clianged  l)y  his  approval  or  by  s])ecial 
enactment. 
13 


»4  PT.  1.— TIT.  11.— CHAP.  2.— Public  Defence. 


Article  2. — Tlic  Volunteers. 


Battoii.ins,        §999.   Biittalioiis    and   rejjimenta  shall   be   orofaiiized  always 

Ac  Avitluii  the  limits  ot  tlieir  respective  counties,  ii  tliere  are  compa- 

nies enoni;:li  in  a  county ;  if  not,  then  to  be  added  to  from  ad- 
joininii;  counties,  unless  coni])anies  in  other  counties  are  more  ac- 
cessible, to  he  judi!;ed  of  l\y  the  commander-in-chief. 

Rights an.i  §10(><).  When  thus  organized,  they  have  the  same  rights,  priv- 
lieges,  and  are  sul)ject  to  tlie  same  duties  as  such  organizations  in 
cities.  If  there  are  not  companies  enough  in  a  city  to  form  a 
battalion  or  regiment,  it  may  be  formed  by  the  addition  of  other 
companies  in  the  same  county,  if  such  exist,  and  if  not,  then  from 
adjoining  counties. 

voinntocr        §1001.  Voluiiteer  corps  luav  be  fomied   anywhere  within  the 

corps  tiiniud  ,,,..'  ,.    ,  '  t    •     • 

in  any  part  fetatc,  aiid  may  consist  ot  citizens  ot  the  same  or  adiommo;  coun- 

of  the  State.  i  J  J  t-< 


ties.     Such  as  may  hereafter  be  formed  shall  number  at  least 

forty  privates,  nine  non-commissioned  officers,  four  commissioned 

officers,  witli  such  musicians  as  tliey  ma}'  deem  sufficient. 

whenon-         §  100:2.  Wlicu  the  requisite  niim1)er  of  members  are  enrolled, 

p(.n  to  com- their  tirst  duty  shall  be  to  uniform  themselves  according  to  the 

iDiindcr-in-  .    .  ,•     i   •      /^t     i  i  i      n       i  -p         ^  ^ 

chief.  pi-ovisioiis  ot  tins  Loac  ;  tJiey  shall  tlien  notiiy  the  commander- 

in-chief  of  tlie  number  enrolled  and  uniformed,  who  shall  order 
an  elet'tion  for  captain  and  subaltern  officers  under  such  super- 
intendeiH'e  as  he  may  prescribe,  and  the  superintendents  shall 

^,    .      ,  transmit  the  return  of  the  same  to  the  Executive  Department, 

Election  of  _      ^  1" 

officers.        .1,1(1  the  (Tovernor  shall  commission  the  officers  elected,  unless  the 
elect  i(m  is  contested,  in  which  case,  if  in  the  opinion  of  the  Gov- 
ernor there  l)e  sufficient  grounds  to  set  the  same  aside,  lie  shall 
order  a  new  election. 
Arms. &c.,        $jl003.  Ai'ius  and  accoutremeiits  sliall  bc  suppHed  to  the  vol- 
pi'i.'d  t."  all    uiiteei-  corps,  whether  unitbrmed  <»r  not,  by  requisition  on  the 
corps'."       Governor  in  such  manner  and  u})oii  such  terms  as  he  may  direct, 
from  the  quota  of  arms  distributed  to  the  several  States  under  the 
laws  of  Congress,  or  fro;n  other  arms  belonmno:  to  this  State. 
Discipline        <$  1 004.  The  System  of  discipline  and  exercise  shall,  as  near  as 
else."  ''       may  l)e,  conform  to  that  prescribed  for  the  army  of  the  Confed- 
erate States,  from  time  to  time,  by  Congress,  but  the  commander- 
in-chief  may  direct  such  text  books  for  use  as  a  guide  in  such 
arms  as  he  may  think  proper,  and  no  other  weapons  of  war  than 
such  as  are  used  by  the  soldiers  of  the  army  of  the  Confederate 

Arms  to  con-  "^  " 

those  of  c    States,  except  by  order  of  the  commander-in-chief,  shall  be  used 
^-  by  the  volunteers. 


FT.  1.— TIT.  11.— CHAP.  2.— Public  Defence.  195 


Article  2. — The  Volunteers. 


8100a.  All  volunteer  corps,  except  such  as  may  be  ora^anized  indepcn- 

•  •  1      11  1  i-   11  1         A  ^      1'     1      fU' fit  corps  to 

mto  reffimeiits,  shall  make  a  lull  return  to  the  CTOvevnor  ot  the "'^'ke annual 

"  11        •  .  .  rrtuins  to 

nuuil)er  of  men  in  each  (^orps  actnally  in  uniform,  the  number covemor. 
and  rank  of  the  othcers,  the  arms  and  accoutrements  in  their  pos- 
session, supplied  by  the  State,  and  the  number  of  such  as  may  be 
unlit  f*)r  use  or  expended  in  service,  which  return  shall  be  made 
up  to  the  first  day  of  May  in  each  year,  and  signed  by  the  cap- 
tain of  such  corps. 

S  lOOG.  AVhenever  it  shall  appear  to  the  commander-in-chief  in<iopen- 

•      1  •       1      •    •  •  1  ^'""^  corps 

that  any  independent  volunteer  cori)3  is  deficient  in  the  number  disbanded— 
of  men  required  by  this  Code  to  constitute  a  company,  he  shall 
issue  an  order  requiring  the  return  of  such  equipments  as  may 
have  been  furnished  l)y  the  State,  and  dishand  sucth  corps,  l)ut  the  j-xception. 
provisions  of  tliis  paragraph  shall  not  apply  to  any  volunteer  corps 
formed  previous  to  the  adoption  of  this  Code,  or  to  any  corps  at- 
tiiched  to  and  constituting  a  })ortion  of  a  regiment  of  volunteers. 

§  lOUT.  The  resiirnation  of  a  captain  of  an  independent  volun-i^.sisnation 

o  1  ^  of  Captxiin. 

teer  corps  shall  not  take  effect  until  accepted  by  the  commander- 
in-chief,  nor  until  a  full  return  is  made  to  the  Governor  of  all  the 
arms  and  accoutrements  received  from  the  State  and  in  posses- 
sion of  the  corps  under  his  command,  inventoried  and  ready  to  be 
turned  over  to  his  successor,  and  as  often  as  a  captain  is  elected 
he  shall  receipt  to  his  predecessor  for  the  arms  and  accoutrements 
so  turned  over  to  him. 

§  lOOS.  WluMi  volunteer  coi-ps  are  organized  into  a  regiment  or  Kotmns  of 
a  battalion,  the  company  returns  sliall  be  made  to  the  adjutant,  compaQie's. 
and  by  him  forwarded  to  the  E>:ecutive  Department. 

§1000.  Volunteer  corps  may  adopt  their  own  l)y-laws  and  reg- Companies 

,       .  .  .  -Ill  -111'  .,.       ""     inav  adopt 

Illations,  not  inconsistent  with  the  laws  ot  tlie  State  or  military  iiy-'iaws.  &e. 
laws  or  usage,  and  may  adapt  them  in  such  mode  as  they  see 
proper  to  their  organization  into  a  regiment  or  a  battalion.  The 
commander-in-cliief  shall  prescribe  tlie  uniform  of  volunteer 
corps,  and  in  all  matters  not  provided  for  in  this  Code,  such  corps 
shall  be  i^overned  by  military  law  and  nsasfe,  and  the  custom  of^/"'™',':"'® 

~  .  .^  c?    7  of  discipline. 

the  army  of  the  Confederate  States,  so  far  as  they  can  l)e  made 
applicable. 

§1010.  All  tines  for  deliii(|uencies  in  military  duty  shall  be  Fines  to  bo 

11  •  1     1      ii    !•  '  '  •    1  imposed  bv 

assessed   by  regimental,  battalion  or  company  courts  martial,  as  court   mnr- 
the  case  may  be,  and  he  colk^tted  by  execution  nnder  the  hand 
and  seal  of  the  President  of  the  Court,  and  directed  to  the  Sheriff 
of  the  county  in  which  the  delinquent  resides,  and  the  Sheriff' 


196  FT.  1.— TIT.  11.— CHAP.  2.— PLiiuc  Defence. 

Article  2. — Tlie  A'oliiiitcers. 

sliall  be  entitled  to  such  costs  and  subject  to  be  ruled  in  the 
Superior  Courts,  and  tlie   execution    shall    have  like  form  and 
effect  as  in  civil  cases.     The  Sheriff  may  procure  the  service  of 
such  executions  by  a  Bailiff,  he  l)eing    responsible  therefor  as 
though  it  were  his  own  act. 
Election  for      §lOll.  All  elcctious  for  officers  of  the  volunteers  and  to  fill 
iiowoniemi. vacancies  shall  be  ordered  by  the  officer  within  whose  immediate- 
command  the  vacancy  to  be  filled  occurs.     For  subalterns,  by 
captains  of  the  companies  in  which  the  vacancy  exists,  unless  the 
company  be  attached  to  a  l)attalion  or  regiment;  for  regimental 
officers,  by  colonels ;  for  colonels,  by  the  brigadier  general  of  the 
regiment,  he  being  attached  to  a  l>rigade;  for  brigadier  general, 
by  the  general  of  division. 
Elections  in       §1('12.  Ill  casc  of  a  regiment  not  attached  to  a  brigade,  or  of 
iient^re'gi-"   a  couipauv  uot  attached  to  a  regiment  or  a  battalion,  elections  for 
company,     coloucl  and  captaiii  shall  be  ordered  by  the  commander-in-chief, 
and  when  an  independent  battalion  exists,  not  belonging  to  a 
regiment  or  brigade,  the  election  for  its  commander  shall  be  or- 
dered by  the  commander-in-chief, 
commis-  §  1013.  Whenever  a  volunteer  corps  is  disbanded  the  commis- 

j"re— when,  sions  of  its  officers  shall  be  vacated,  but  they  shall,  nevertheless, 
be  liable  to  suit  on  the  bond  executed  for  the  safe  keeping  and 
delivery  of  the  arms  entrusted  to  them  by  the  State,  if  there 
should  be  a  breach  thereof, 
sniisonofli-     §1014.  Suits  ou  tlic  bouds  of  officcrs  of  volunteer  companies, 
cersbond.    j.^^.  .^^..^^^^  ^^^^   accoutrements,  sliall  be  brought  under  the  direc- 
tion of  the  judge  advocate  general,  in  whose  office  such  bonds 
shall  be  filed  for  safe  keeping. 
Corps  voiun-      §1015.  Wlicu  any  volunteer  corps  disbands  of  its  own  accord, 
Sniing.*     the  members  thereof  shall  cause  the  fact  to  be  reported  to  the 
commander-in-chief,  and  they  shall  forthwith  deliver    to    some 
officer  of  the  quartermaster  general's  department  all  the  public 
property  in  their  possession,  and  upon  filing  his  receipt  therefor 
with  the  judge  advocate   general,  a  discharge  shall  he  entered 
<m  their  bond. 
$200  to  be        §1016.  Whenever   the   commanding  officer  of  any  volunteer 
Inery  com-  ai'tiUcry  company  in  this  State  sliall  certify  to  the  Governor  that 
there  are  sixty  ((><»)  active  members,  officers  and  ]>rivates,  upon 
the  muster  roll  of  such  company,  (a  copy  of  which  muster  roll 
shall  accom})any  the  certificate,)  and  that  said  ctunpany  has  been 
exercised  in  the  field  v^-itli  its  guns,  for  not  less  tlian  two  hours  at 


PT.  1.— TIT.  1 1.— CHAP.  L>.— Public  Dkfexce.  197 


Article  2. — Tlie  Volunteers. 


•  eaeli  drill,  and  not  less  than  twelve  drills  in  each  year,  the  Gov- 
ernor shall  draw  his  warrant  npon  the  Treasnrer  of  the  State  for 
the  snin  of  two  hnndred  dollars,  to  be  paid  into  the  fund  of  said 
company ;  Provided,  nevertheless,  That  the  i)rovisions  of  this 
section  shall  not  extend  to  more  than  seven  (7)  companies,  not 
including  such  companies  as  may  be  already  organized,  and  whc» 
may  comply  with  the  provisions  of  this  section. 

§1017.  Volunteer  companies  of  infantry,  cavalry  oi-  artillery,  v„,u„teer 
which  have  been,  or  may  hereafter  be  organized,  with  not  lessfnT.S" 
than  forty  meml)ers,  and  have  their  othcers  duly  commissioned,*'"''' 
are  made  a  body  corporate  and  ]^olitic.  under  their  respective 
names  and  styles,  and  made  capable  in  law  to  sne  and  be  sued,  to 
plead  and  be  im])leaded,  to  have  a  common  seal,  to  hold  proper- 
ty, real.  ])ersonal  or  mixed,  and  to  pass  such  by-laws,  rides  and 
regulations  as  may  be  necessary  for  their  government,  not  incon- 
sistent with  the  laws  and  Constitution  of  this  State  or  the  Con- 
federate States. 

v^lOl^.  Courts  of   iiKpiiry  and  courts  jiiartial.  for  companies  Courts  of  in- 
incorporated  l)y  the  provisions  of  this  Code,  shall  l)e  constituted  Ss ml 
and  regulated  by  the  laws  in  force  relating  t<.  volunteer  compa-*'"' 
nies. 

§1019.  Each    member   of  any  comi)any  incorporated  by  theMemheraof 
provisions  of  this  Code,  shall  be  exempt  from  road  or  militia  du-X's«' 
ty,  except  such  as  may  be  rerpiired  of  them  as  members  of  their  riaaVrrS 
respective  companies,  and  except  in  times  of  insurrection,  inva- ''"^"^•''' 
sion,  rebellion  or  war;  Pronded^  The  commandino-  officer  of  anv 
compary  so  incorporated  shall  have  recorded  in  the  offices  of  the 
Clerks  of  the  Superior  and  Inferior  Courts  of  their  respective 
counties,  a  full  and  complete  list  of  the  members  of  their  compa- 
ny, and  that  the  above  exemption  shall  continue  no  lon<xer  than 
actual  membership. 

§1020.  The  live  preceding  sections  shall  be  held  to  be  cumula-cortain  sec- 
tive  to  any  act  already  passed,  conferring  privileges  upon  any  latTvo""""' 
company  now  existing  undei-  the  laws  of  this  State,  or  whicli 
mav  liereatter  ])e  oro;anized. 


»e  PT.  1.— TIT.  11.— CHAP.  2.— Public  Defence. 


Article  3  — Cavalry  Corps. 


ARTICLE  III. 

CAVALRY    CORPS. 

Sbctiox.  jSectio.v. 

1021.  A  squadron  of  cavalry  del1no<l.  |   102-1.  Paratie  and  drill 

1022.  How  organized.  ■    102.").  Fines  I'or  non-attendance*. 

1 023.  "U'hat  constitutes  a  troop,  &i:. 

Squadron.         §1021.  A  squadroiv  of  i-;ivalrv  sluill  consist  of  not  les^  than 
two  or  more  than  live  troops,  and  shall  be  commanded  by  a  ma- 
jor, elected  bv  the  commissioned  officers  of  the  troops  composing 
the  squadron.     He  shall  appoint  his  own  staff,  and  determine  his 
own  uniform  and  that  of  his  staft',  with  the  approbation  of  the 
commander-in-chief. 
Twoormore      §  1022.  Anv  two  or  moi'c  troops  of  cavalry,  having  regard  to 
foma™''^  their  neghborhood  and  facility  of  communication  with  each  other, 
maj  unite  to  torm  a  scpiadron,  and  wiienever  such  formation  is 
determined  on  they  shall  report  the  same  to  the  commander-in- 
chief,  who  shall  thereupon  order  an  election  for  major,  at  such 
time  as  he  may  think  proper,  and  shall  issue  a  commission  to  the 
officer  elected. 
Arms.  §1023.  Each  troop  of  cavalry  shall  consist  of  forty  men,  be- 

sides the  captain,  uniformed  and  mounted ;  they  shall  l)e  armed 
with  cavalry  sabres  or  broad  swords,   and  dragoon  holsters,  or 
such  other  pistols  as  the  commander-in-chief  may  direct,  and  may 
carry  a  carbine  at  their  option. 
Major  to  pa-      §1024.  The  major  commanding  a  squadron  of  cavalry  shall 
ron^or'dT-'^'  paradc  and  exercise  the  same,  either  in  squadron  or  detachment, 
^niSny*     ''f  least  once  in  each  year,  for  a  })cri()d  not  exceeding  three  days 
at  any  one  jmrade,  after  the  arrival  at  the  place  of  rendezvous. 
( Orders  for  such  parade  may  be  given  verbally  at  any  parade,  or 
by  writing.     Commissioned  officers  shall  have  twenty,  non-com- 
missioned officers  and  men  ten  day's  notice. 
Fines  for  lie-      §1025.  Fiiics  for  non-atteiidance  or  delinquency  at  any  squad 
aTsqMdron  drill,  or  paradc,  or  muster,  shall  be  imposed  by  a  court  martial, 
to  be  ordered  by  the  officer  commanding  the  S(j[uadron,  but  they 
shall  not  exceed  double  the  amount  imposed  by  the  regulations  of 
the  troops  of  M'hicli  the  delinquent  is  a  member,  for  oflences  of 
like  cliiiructer.  and  sludl  be  collected  as  provided  -in  section  1010. 


PT.  1.— TIT.  11.— CHAP.  2.— Public  Defence.  199 

Article  4.— The  Militia. 


ARTICLE  IV. 

THK  MILITIA. 

Section.  Section. 

1026.  The  militia  of  the  State.  [   1031.  Regiments — how  organized. 

1027.  ITow  organized.  i   1032.  Non-commisioned  officers. 

1028.  Companies — how  organized.  1033.  Captains  make  returns  to  Adjutant. 

1029.  Grade  of  militia  officers.  \  1034.  Notice  of  drills — how  given. 

1030.  New  divisions,  Ac. — how  created.  .   1035.  Register  of  commissioned  officers. 

^1026.  The  militia  of  tlie  State  consists  of  all  persons,  not  The  miiiua. 
heretofore  classitied,  witliin  its  limits  snhject  to  military  duty,  and 
not  exempted  therefrom  by  the  Acts  of  Congress  or  the  laws  of 
this  State,  or  belonging  to  some  volunteer  organization. 

§1027.  The  militia  shall  be  organized  into  coinpanies,  battal-orffanizat^^^ 
ions,  regintents,  brio;ades  and  divisions,  which  shall  be  numbered  ^''■^^  ""'i 

~  ~  (lesignated 

througliout  the  State  bv  order  of  the  commander-in-chief,  in  such '':"^"™">'s- 
manner  that  every  cor})s  of  the  same  denomination  shall  bear  a 
different  number,  by  M'hich  number  every  company,  district,  regi- 
ment, brigade  or  division,  as  the  case  may  be,  shall  be  designated 
in  the  commissions  of  the  (»fficers  commanding  the  same. 

i^l028.  If,  from  exemptions,  there  are  not  persons  enough  lia- Deficiencym 

.  .        .  ,      numbers  in 

ble  to  do  militia  dutv  in  any  district  or  beat,  a  company  may  be  any  district 

'         .  .  .....  "  .company. 

organized  of  those  so  liable  from  adjoining  districts  or  beats,  ot 
not  less  than  forty  nor  more  than  one  hundred,  under  the  direc- 
tion of  the  colonel  of  the  regiment,  and  when  so  done  must  be 
accurately  reported. 

§1029.  The  followiiiiT  ffrades  of  militia  officers  shall  be  recog- tirades  of 
nized:  ConiinaiuHug  each  division,  a  major  general ;  each  bri- 
gade, a  brigadier  general:  each  regiment,  a  colonel,  lieutenant 
colonel  and  major;  a  se]>arate  battalion,  a  major;  each  com- 
pany, a  captain,  tirst  and  second  lieutenants,  and  ensign.  Wher- 
ever other  grades  exist,  they  shall  continue  until  the  same  be- 
comes vacant,  when  they  shall  respectively  cease  and  determine. 

J$  103O.  New  divisions  and  brigades  shall  be  created  bv  the  Leg- New  divis- 
islature;  reirimental  and  comitanv  districts  by  order  ot  the  com-brisades, 

"  T  1       regimenUil 

mander-in-chicf.   on   the  report  of  the  oihcers  commanding  tlie  and  compa- 

^       ^        _  '-'  ny  districts. 

companies  in  the  regimental  district,  but  in  all  cases,  when  prac- 
ticable, the  regimental  district  shall  be  coterminous  with  the 
county  in  Mhich  it  is  situated. 

§1081.   There  may   be   two   or   more   regiments   in   the   same 
countv.  and  two  or  more  counties   mav  bt.'  united  to  form  a  regi- 


200  PT.  1.— TIT.  11.— CHAP.  2.— Pl-«i.ic  Defea'ce. 


Article  4.— Tlie  ililitia. 


Twoormorement,  duG  resjard  beinj;  liad  to  the  proi)ortion  thereof,  but  the 

regiments  '  ^  .        i  .  .in  t  ^     \ 

may  be  in    existiiio^  aiTaiiij^einent  in  this  behalf  shall  not  be  disturbed  except 

same  county  '='  '^  i .         •  <.     i  •  -, 

by  the   iiegislatnre,  unless  u]->on  appheation  ot  those  interested 
tlierein. 


Captain  to        §  1032.  The  captam  of  cacli  compauy  shall  divide  his  company 
panyinto     into  four  srpuids,  as  nearly  eipial  as  may  be,  and  appoint  one  fit 
and  propel"  person  in  each  a>  sergeant,  and  one  as  corporal,  and 
he  shall  also  appoint  a  first  serj^jeant ;  they  shall  be  responsible  for 
the  jn-oper  distribution  of  all  orders,  and  may  be  removed  by  a 
company  court  martial  for  proper  cause. 
Ketuins  to        §  1033.  Eacli  captain  of  a  militia  company  shall  make  out  and 
Cap™ in'to^^ deliver  to  the  adjutant  of  the  regiment  to  which  he  belongs,  a 
jutant.     ^.^^Y[  i-etiirn  of  the  number  and  names  of  the  men  belonging  to 
his  company,  on  the  first  day  of  May  in  each  year,  for  which  he 
shall  receive  such  compensation  as  is  paid  to  the  takers  of  the 
State's  census,  to  be  paid  out  of  the  military  fund. 
Summons  to      §1*>34,  A  noii-conimissioned  officer,   or   any  other   person  ap- 
by  whom"  pointed  for  the  duty,  may  warn  persons  subject  to  militia  duty 
to  appear  at  parades,  musters  or  drills,  and  he  shall  be  furnished 
with  a  list  of  persons  to  be  warned ;  such  warning  may  be  given 
verbally  to  the  party    in  person,   or  by  leaving  a  written  sum- 
mons at  his  most   notorious  place  of  abode,  but  the  party  may 
claim  his  exemption  at  the  time  of  such  warning  and  produce  to 
the  warning  ofticer  the  evidence  thereof,  which  may  be  his  own 
oath  or  such  other  evidence  as  may  establish  the  fact,  and  it 
shall  1)6  the  duty  of  the  warning  officer  to  enter  the  exemption 
claimed  against  the  name  of  the  party  on  his  list. 
Kosterof         §1035.  Eacli  coloiicl  of  the  militia  reo-iment  shall  bv  himself 

officers  to  lie         i  •  t  i  '  i. 

kept  by       or  his  adiutaut  keep  a  roster  or  list  of  all  the  commissioned   ofh- 

Colonel.  .  ,  .  . 

cers  of  his  regiment  below  the  rank  of  captain,  and  shall  revise 
and  correct  the  same  as  often  as  may  l)e  necessary,  and  annually, 
on  or  before  the  first  day  of  June,  shall  forward  to  the  adjutant 
general  C(j[)ies  of  the  returns  so  delivered  to  the  adjutant  of  his 
regiment,  as  well  as  a  copy  of  tlie  roster  above  mentioned,  and 
for  habitual  failure  in  the  premises  shall  be  liable  to  be  tried  by 
a  general  court  martial  and  cashiered  or  otherwise  punished  as 
said  court  mav  direct. 


PT.  1.— TIT.  11.— GlLVr.  i.— Public  Dkkense.  201 


Article  o. — Kloction.<. 


AKTICLE  Y. 

f:lk('tiox.< 

Section.  I  Section-. 

103G.  Election  of  militia  officers.  I   10;^9.  A  plunility  of  votes  will  dec;. 

1037.  Notice  of — how  given.  1040.  Eloction.* — by  whom  ordere'i. 

1038.  Voters  ftiilino:  to  attend.  !    1041.  Officers  commissioned  In- (Jovcrnor. 

§l(l8(i.  All  elections  of  militia  otiicers  shall  be  bv  the  i>eo]>le ;  Miutia  om- 
01  captains  and  subaltern  othcers  l)v  the  ]>eople  ot  the  several  elected  by 

,  .11  the  people. 

company  districts  sulyect  to  do  militia  duty ;  ot*  iield  officers  by 
the  citizens  of  the  counties  subject  to  military  duty  under  the 
command  of  such  officers ;  brigadier  and  major  generals  by  the 
<;itizens  of  the  respective  brigades  and  divisions  subject  to  mili- 
tary duty  under  such  commander  of  the  brigade  or  division,  and 
maybe  superintended  by  a  Justice  of  the  Peace  and  a  free- Kioction- 
holder.  or  by  two  freeholders  or  two  military  officers,  as  the  au- 
thority ordering  the  election  may  see  lit  to  prescribe. 

§lUoT.  Xotices  of  such  elections  mav  be  given  as  follows:  Bvxoticcaof 

■If--  1     "^  ."^  1  11*    •I'-ction — 

publication  in  one  or  more  gazettes,  by  notice  at  the  usual  place hw given, 
of  posting  legal  notices,  or  by  orders  i)ublished  at  parade  or  drill. 
Twenty  days'  notice  shall  be  given  of  the  time  and  place  of  the 
election  of  any  officer  below  the  grade  of  brigadier  general. 

§l<>o8.  In  case  of  voters  failing  to  attend  at  any  election  forxoweie.-- 
niilitia  officers,  and  no  vote  shall  be  polled,  it  shall  be  the  duty  or^officerTp- 
of  the  superintendents  to  return   the  fact  to  the  Executive  De-nw'" 
partment,  with  a  statement  of  the  interval  allowed  for  the  recej)- 
tion  of  votes ;  whereupon,  the  commander-in-chief  may  in  his 
•discretion  order  a  new  election   or  appoint    an   officer  to  Ull   the 
vacancy  and  commission  him  accordinu'lv. 

§10ol>.  At  all  elections  of  militia  officers  the  person  having  the  pi„rauty  of 
highest  num1)er  of  vote.^  shall  be  declared  elected,  and  every  Jie^ct' *'* 
officer  to  whom  a  commission  shall  issue  shall  declare  to  the  Exe- 
cutive Department,  within  a  reasonable  time  after  its  reception, 
his  acceptance  or  declension  of  the  same.  After  two  months 
liave  elapsed  he  shall  be  deemed  to  decline  unless  he  shall  have 
uniformed  and  equiped  himself. 

§1040.    All  elections  for  militia  officers  of  and  above  the  rank  i.-,^,ctioQ3for 
of  captain  shall  l)e  ordered  by  the  commander-in-chief,  and  be-  "^^ vTrank 
low  that  rank  by  the  captain  or  those  acting  as  sucli,  and  on  "^ '"''p'*'''- 
failure  to  elect,  such  captain  or  the  commanding  officer  of  the 
com])aiiy  nuiy  complete  the  same  i)y  appointment,  and  such   ap- 


202  i'T.  1.— TIT.  1 1.— CHAP.  v.—Plblic  Defence. 


Article  5. — Elections. 


pointees  shall  be  cominissioned  as  in  case  of  elections.  Alii 
officers  of  the  military  force  of  this  State  shall  be  commissioned 
by  the  Governor,  whether  of  the  line,  lield  or  staff.  The  com- 
mission of  staff  otticers,  except  the  chiefs  of  the  staff  department^ 
will  expire  with  the  commissions  of  tlie  officers  on  whose  staff 
tliev  may  be  appointed. 


CHAPTER  III. 

ORGANIZATIOX  OF  THE  STAFF  OF  THE  MILITIA. 

Section.  Section. 

1041.  Start"  department  of  the  militia.  1048.  Paymaster  General — his  duties*-.. 

1042.  Of  the  Commander-in-Cliief.  1049.  Expenses  of  Staff  Department. 

1043.  Adjutant  and  Inspector.  .\:e.  10r)0.  Accounts  for  military  service. 

1044.  Term  of  office,  salary  and  removal.     1(I51.  Chief  of  each  staff — his  duties. 

1045.  'Staff  of  Division.  1052.  Adjutant  it  Inspector  chief  of  staff." 

1046.  Battalion  entitled  to  a  staff — when.     105:'.   (iovernor  shall  appoint  three  aids_ 

1047.  Adjutant  and  Insjieetor  General. 

Staff  depart-      §1041.  The  stuff  depai'tmciits  of  the  militia  shall  be  as  fol- 

inents  ol  the 

miUtia.  lOWS,  VIZ  : 

1.   The  Adjutant  and  Inspector  GeneraFs  Department. 
'2.  The  Quartermaster  General's  Department. 

3.  The  Commissary  Geiierars  Department. 

4.  The  Paymaster  General's  Department. 

5.  The  Judge  Advocate  General's  ]Jepartment. 
<>.  The  Surgeon  General's  Department. 

Chiefs  of  §1012.  The  chiefs  of  the  several  staff  de])artments  shall  be 

staff  depart-  .       -  ,  i    xv*      x-  ^i  i        •         i  •    .• 

mentsat-     attached  to  tlie  stall  ot  the  commanaer-m-cniei. 

tached  to  ri  -<   ~  .    i       rrvi  T  '  t    •     I'  •    T         ^  ^      •  i 

Htaflfoicom-      §101,-;.   llie  commanuer-in-clnet,  with  tiie  advice  and  consent 

mander-iii-  ,  i  •     i         -•     i         ti  in  •  ,\'  i  n     j 

Chief.         vi  two-thirds  01  the  Senate,  sliall  appoint  an  oihcer  to  be  callecl 
Appoint-      adiutant   and  iiisi)cctor  general,  with  tlie  rank  of  colonel.     The- 

inent&rank       '[  .       ^  ^  .  i   i  i  •         nj 

of  Adjutant  adiutant  and  insiiector  general  shall  reside  and  keep   Ins  oihce- 

and  Inspei;-  ''  '^  "-  .  ,   . 

tor  General  j^f  the  Seat  of  Government.     He  shall  obev  all  orders  o;iven  him 

— his  duties.  ,  .      ,     .  '  ^  ,    -,   . 

b}'  the  commander-in-chief  in  relation  to  the  duties  of  his- 
office;  and  keep  a  fair  record  of  all  ordem  and  coinmunications- 
which  he  shall  receive  frtjin  time  to  time.  He  shall  require  an- 
nual retui'iis  from  the  major  and  brigadier  generals,  from  which 
lie  shall  make  out  a  general  return  of  the  whole  strength  of  the' 
militia  and  forces  of  the  State.  He  shall  provide  accurate  ab- 
stracts of  annual  returns  for  divisions,  brigades,  regiments  and 
companies,   liotli    o!'  the    militia    and   volunteers,    which    forms,, 


PT.  1.— TIT.  11.— Public  Defence.  203 


Chapter  3. — Organization  of  the  Staff  of  the  Militia. 


when  made  out,  shall  exhibit  the  strength  of  arms  and  accoutre- 
ments, equipments  and  munitions  of  such  divisions,  brigades, 
regiments  and  companies,  and  a  description  of  tlie  corps  com- 
posing the  same;  and  shall  transmit  these  abstracts  for  annual 
returns,  to  all  officers;  who  are  required  to  fill  them  at  such 
times  as  may  be  designated  in  general  orders.  All  militarv 
orders  and  commissions  shall  pass  through  the  office  of  the  ad- 
jutant and  inspector  general.  He  shall  lay  before  the  Governor 
every  communication  he  may  receive  on  military  affairs  requiring 
Executive  action.  lie  shall  attend  all  jniblic  reviews  when  the 
eommander-in-chicf  shall  review  any  ])ortion  of  the  forces  or 
the  whole  of  them.  He  shall,  whenever  required  by  the  com- 
mander-in-chief, inspect  the  arsenals  and  armories  of  the  State, 
which  shall  be  under  his  charge;  and  all  applications  for  the 
distribution  of  arms  shall  be  made  to  him.  He  shall  also  act  as 
inspector  general  of  the  State,  and  shall,  whenever  ordered  by 
the  commander-in-chief,  inspect  any  ]»ortion  of  the  military 
forces  of  the  State. 

§1044.  The  adjutant    and   inspector   general   shall    hold   hisT.nureof 
office  during  good  behavioi-,  subject  to  removal  on  the  address  of  amoved. 
the  Governor,  by  two-thirds  of  the  Senate,  and  sliall  receive  an" 
annual  salary  of  three  thousand  dollars. 

§1045.  The  division  staft' shall  be  c(tnstituted  as  follows:  a  di- Division 
vision  inspector,  with  tlie  rank  of  lieutenant  colonel,  two  aids-de-^' 
camp,  one  quartermaster,  one  judge  advocate  and  one  surgeon, 
each  witli  the  rank  of  major  to  be  appointed  by  the  major  gen- 
eral.    The  brigade  staff  shall  consist  of  a  brigade  inspector,  with  Bri-ado 
the  rank  of  major,  one  aid-de-camp,  or  tpiartermaster,  each  with 
the  rank  of  captain,  to  be  appointed  by  the  brigadier  general. 
The  regimental  staft'  shall  consist  of  an  adjutant,  a  quartermas- Ke^imcntai 
ter,  a  paymaster,  commissary,  judge  advocate  and  surgeon,  each^*""'^' 
with  the  rank  of  lieutenant,  to  be  appointed   by  the  colonel  of 
each  regimeJit. 

^1040.  In  case  of  a  separate  l»attalion,  the  cemuiiaiuling  officerstiitiof  in- 
of  the  battalion  sliall  be  entitled  to,  and  shall  a|)point  a  like  staff  k.uau.m. 
with  the  c(.>lonel  of  a  regiinent. 

§1047.   The  adjutant  and  iusjiector  general  shall  keep  in  or- Arsenals, 
der  and  control  the  arsenals  and  niagazines  of  the  State,  attend  |JJ:3|^ncr' 
to  the  due  preservation   of  the  ordnance,  arms,  accoutrements,  contn"  ot^ 
nnmitions  of  Avar,  and  implements  of  every  description,  the  pro- gonorai'""'" 
perty  of  the  State  and  in  its  possession,  and  he  shall  at  all  times 


204  PT.  1.— TIT.  11.— Public  Defence. 


Hiapter  a. — Orcranization  of  the  Statt"  of  the  Militia. 


have  the  control  and  disposition  of  the  same  for  tliat  purpose. 
He  shall  report  annually  to  the  conimander-in-ehief  the  aetnal 
situation,  condition  and  disposition  of  all  the  ordnance,  arms  and 
military  property  which  in  any  wise  appertain  to,  or  respects  the 
department  confided  to  his  keeping, 
peSto''        §l<'iS,  The  paymaster  general  shall  annually  report  to  the 
^^rtr°""'  (commander-in-chief  all  such  matters  connected  with  his  depart- 
ment as  come  to  his  knowledge,  and  all  monies  received  by  him 
shall  l)e  deposited  in  the  Treasury  to  tlie  credit  of  tlic  military 
fund,  and  shall  constitute  a  part  of  the  same. 
Chiefs  of  ^1040,  Each  chief  of  a  staft' department  shall  keep  a  true  ac- 

Jtaff  depart-  ,  ^  ^ 

mentsto      couut  ot  the  expenses  of  his  department,  which  shall  be  reiwrted 

make  quar-  ^  ^  '  -i 

teriy  quarterly  to  the  commamler-in-chief,  who  shall  draw  his  warrant 

return?.  ,   . 

on  tlie  military  fund  for  the  same.     An  abstract  of  such  warrants 
shall  be  laid  before  the  Legislature. 
Accounts  for      §1050,  All  fccs  for  military  service  shall  be  embraced  in  an 

inilitarv  ,  .  ,  " 

services.  accouut  made  out  and  certified  by  the  onicer  to  whom  the  same 
may  be  due,  and  delivered  to  the  olficer  of  the  pay  department 
within  the  military  organization  Avhere  the  same  accrues,  Avho 
shall  immediately  forward  the  same  to  the  paymaster  general, 

jurisdif-  §1051.  The  chief  of  each  staft' department  shall,  under  the  di- 

tion  of  cbiels  .  >    ,  '-  ' 

of  staff.  rection  ot  the  commander-in-cliief,  have  command  over  all  subor- 
dinate ofiicers  in  his  department,  and  shall,  from  time  to  time, 
issue  orders  and  instructions  for  their  government  and  practice. 

Blanks  and  togctlier  witli  sucli  printed  blanks  and  forms  as  may  be  necessary 

ibrms  to  be  n  i  • 

provided,     to  Carry  ail  orders  into  execution. 

Chiefs  of  the  §1052.  Tlic  adjutant  aud  iusj^ector  general  sliall  be  the  chief 
of  the  staft"  organization.  The  quartermaster  general,  commis- 
sary general  and  paymaster  general  shall  each  rank  as  lieutenant 
colonels,  and  shall  also  be  appointed  by  the  Governor.  The  judge 
advocate  general  and  surgeon  general  shall  each  rank  as  lieuten- 
ant colonels,  but  shall  not  be  entitled  to  any  commands  (except 
in  their  own  departments)  as  such  ;  they  shall  l)e  appointed  by 
the  Governor.  The  assistant  adjutant  general  sliall  l)e  appointed 
by  the  Governor. 

Aids  to  tho       §  1053.  The  Governor  shall  appoint  three  aids-de-camp,  by  war- 

^overnor,     ^.^^^^^  ^^j^^^  ^1^^  ^..^^^j^  ^^.  colouel,  l)ut  their  warrant  shall  expire  witly 
the  Governor's  term  of  oftice. 


FT.  1.— TIT.  11.— Public  Defence.  205 


Cliapter  4. — Courts  Martial. 


CHAPTER  IV 


COURTS  MARTIAL. 


Section-.  Section. 

lOo-l.  Conrl^  limit  ial — lines  and  penaltiei?.  lOGO.  Pecuniary  penalties— liowoollectt'iT, 

1055.  Constitution  and  rules  of.  lOGl.  Non-comniis.sioned  officers.  &c. 

105G.  How  convened.  1062.  Cadets  of  the  G.  M.  Institute. 

1057.  Failing  to  attend  court  or  paradr.  IOCS.  Fi.fas.  For  fines — proceedings. 

1058.  Refusing  to  attend  court.  1064.  Duty  of  collecting  officers. 

1059.  Officers  detailed.  Ac.  1065.  Disposition  of  fines,  .tc,  collected. 

§  1054.  Military  lort'eitures,  lines  and  iienalties,  sliiill  be  adjudg-  comunwr- 
ed  l)_v  court  martiaH  in  accordance  witli  inilitarv  law  and  the  Sge'fia^s, 
usage  of  the  ariiij  of  the  Confederate  States.     Notices  to  (►tiicers*'""" 
charged  with  oftences,  to  appear  at  a  general  court  iiiartial,  slmll 
be  personally  served  at  least  twent}"  days  before  the  time  prescrib- 
ed for  holding  court,  and  may  be  contained  in  tlie  order  appoint- 
ing the  court. 

§1055.  The  Constitution  of  all  courts  martial  shall  be  in  ac- constitution 
cordance  witli  the  regulations  of  the  army  of  the  Confederate  "ollr^s'^Vr- 
States,  except  where  differently  prescribed  in  this  Code,  and  their  *'"'''' 
mode  of  proceeding  regulated,  as  far  as  practicable,  by  the  same 
rules,  but  no  court  martial  shall  impose  sentence  of  death  on  any 
offender  in  time  of  peace,  or  imprison  an  offender  (except  for  con- 
tempt) in  time  of  peace. 

§1056.  General  courts  martial  shall  be  convened  on  the  order 

,  .  General 

of    the  commander-in-chief;    thev  shall  have  coirnizance  of  all  •'"'"■'-^f 
military  offences,  and  shall  not  sit  with  less  than  five  nor  more 
than  thirteen  members,  except  where  supernumeraries  are  sum- 
moned, but  the  acting  meml)ers  of  the  court  shall  never  exceed 
thirteen.     liegimental  courts  martial  may  be  ordered  by  a  com- 
mander of  a  regiment  or  battalion,  to  consist  of  three  or  more  ll^/Sow 
commissioned  ofticers  of  the  regiment  or  battalion,  at  least,  for  co^utur"]! 
trial  of  offences  committed  within  the  battalion  or  regiment,  and 
company  courts  martial  may  assemble  by  the  order  of  any  cap- 
tain of  a  company  for  the  trial  and  assessment  of  all  lines  for  de- 
linquencies at  any  parade  or  muster,  to  consist  of  the  commis- 
sioned officers  of  the  company. 

§1057.  Besides  the  penalties  usually  adjudged  against  military  ,j,{j^„  ^o- 
offences,  officers  of  the  militia  shall  be  subject  to  line  Ibr  non-at-*J:^^',u™]">**' 
tendance  at  parade,  drill  or  muster,  and  for  other  non-perform-f^t'tVnnc". 
ance  of  duty,  l)ut  no  line  for  ab-ence  at  company  parade,  drill  or 


PT.  1. — TIT.  11. — Public  Defence. 


Chapter  4. — Courts  Martial. 


Officers  re- 
fusing to  nt- 
tend  court 
martial. 


Pay  and 
miUage  of 
officers  on 
general, 
regimental, 
and  compa- 
ny courts. 


muster,  shall  exceed  ten  dollai-s,  exclusive  of  the  cost  of  collect- 
ing the  same,  except  as  herein  provided. 

§  105S.  If  any  officer  charged  -with  a  military  offence  shall  re- 
fuse to  attend  a  court  martial,  convened  for  the  trial  thereof,  the 
case  shall  proceed  as  if  he  were  present.  Company  courts  mar- 
tial may  proceed  and  assess  lines  without  the  presence  of  the  de- 
linquents, provided  they  were  duly  warned  to  perform  the  duty 
concerning  which  they  are  delinquent. 

§1051).  Officers  detailed  on  a  general  court  martial  shall  be 
paid  the  sum  of  four  dollars  per  day  during  the  time  of  their  ac- 
tual session,  and  four  dollars  for  every  twenty  miles  in  going  and 
returning  therefrom,  to  be  paid  by  the  Governor  by  Avarrant,  on 
the  necessary  production  of  the  certificate  of  the  president  of  the 
court.  For  regimental  and  company  courts  martial  the  pay  of 
each  member  shall  be  one  dollar  per  day,  to  be  paid  out  of  the 
fines  collected  by  the  commander  of  the  regiment,  battalion  or 
company. 

§  1060.  Courts  martial  shall  have  power  to  punish  contempts 
in  the  same  manner  as  civil  courts. 

§  1061.  Pecuniary  penalties  assessed  by  any  court  martial,  shall 
be  collected  by  execution  issued  under  the  hand  of  the  president 
of  the  court,  and  directed  to  the  Sheriff  of  the  county  in  which 
the  delinquent  resides,  and  shall  have  the  same  force  and  effect 
as  civil  process  of  the  same  character,  according  to  the  laws  of 
this  State. 

§  1062.  ]N"on-commissioned  officers  shall  be  degraded  to  ranks 
only  by  sentence  of  a  company  court  martial. 

§1003.  Cadets  of  the  Georgia  Military  Institute  nnist  be  tried 
according  to  the  rules  and  regulations  of  said  Institute. 

§  1064.  All  executions  for  the  collection  of  any  penalty  adjudg- 
ed by  a  court  martial  shall  be  returned  to  the  officer  issuing  the 
same,  with  the  money  collected  thereon,  or  a  return  of  no  prop- 
erty to  be  found  on  which  to  levy  the  same,  within  sixty  days 
from  the  date  of  its  issue,  and  the  Sheriff,  on  failure  to  make  a 
retm'n,  shall  be  liable  to  be  ruled  for  the  amount  due  on  such 
execution,  in  the  next  Superior  Court  after  such  failure,  in  the  same 
manner  as  in  civil  cases. 

§  1065.  All  officers  of  the  militia  receiving  fines  or  pecuniary 
penalties,  collected  by  execution,  shall  make  a  return  thereof  to 
the  paymaster  general,  or  to  such  officer  of  his  department  as  he 
may  designate,  at  least  once  a  year,  or  oftener  if  necessary.     The 


Court  may 
punish  lor 
contempt. 

Fines  col- 
lected by 
■execution. 


DeL'radeil. 


Cadets— how 
tried. 


E.xecution  to 
be  rcturutd 
in  60  days. 


Officers  re- 
ceiving 
monies  col- 
lected. 


PT.  1.— TIT.  11.— PcBLTc  Defence.  2o7 


Chapter  4. — Courts  Martini. 


paymaster  pjeneral  shall  lay  an  abstract  of  the  same  before  tlie 
commaiider-in-cliief  annual  1  v. 


CHAPTER  V. 

prp:skrvation  of  ordkr  at  parades. 

Section.  Section. 

lOGG.  Dislurbing- officer  or  soldier  on  duty.  10(50.  Sutlers — duties  ;nid  privileges. 
10G7.  By  persons  connected  with  military.  1070.  luto.xication  on  parnde  ground. 
lOGS.  Officer  lias  jiower  to  arrest. 

§10()0.  >,'o  bystander,  or  person  not  connected  with  the  niilita- interfering 
ry,  shall  molest,  interrupt  or  insult  any  officer  or  soldier,  Avhile  on  m' soidicr'^on 
duty,  at  any  muster  or  parade,  and  the  commanding  officer,  where  " ' " 
such  offence  may  happen,  shall  have  power  to  confine  such  per- 
son under  guard  until  the  close  of  such  jiaradc  or  muster,  mIio  is 
liable  to  indictment  and  conviction  for  a  misdemeanor,  to  l)e  pun- 
ished in  the  discretion  of  the  Court. 

§1067.  Any  person  connected  with  the  military  service  of  the  ,j,^„,,„r(,j. 
State  M'ho  shall  be  guilty  of  the  offences  mentioned  in  the  J^rc- ",','/,^.",.',"  ^^"^ 
ceding  section,  or  shall  otherwise  vi(date  military  order  or  deco- 
rum, shall  be  arrested  and  punished  at  the  discretion  of  a  court 
martial. 

§  1068.  The  commander  of  companies,  battalions  or  regiments,  command- 
brigades  or  divisions,  Avhen  on  duty  with  their  respective  com- linV persons 
mands  or  parts  thereof,  shall  have  power,  in  their  discretion,  topanuie. 
arrest  and  conhne,  not  exceeding  the  period  for  M-liich  they  were 
on  duty,  any  person  who  shall,  upon  or  near  any  parade  ground, 
field,  pul)lic  highway,  or  any  other  place  occupied  by  any  portion 
of  the  military  force  of  Georgia,  under  arms,  by  means  of  ludi- 
crous disguise,  dress,  arms  and  instruments,  noise  or  other  means, 
disturb  the  peaceable  and  orderly  proceedings  of  those  under 
arms,  and  such  disturbance  may  be  viewed  as  a  misdemeanor,  and  (>ff,.ndors 
the  offender  may  be  indicted,  and  on  conviction  punished  by  fine  [,"Xd"fo?a 
and  imprisonment,   at  the  discretion  of   the  civil  court  before '"'**'''°''"°" 
which  he  is  convicted. 

§  1069.  When  any  sutlers  shall  attend  any  military  muster  or  «;„t,,.r8  „n- 
parade  they  shall  be  under  the  direction  of  the  commanding  I'roi  o7com- 
officer  with  regard  to  the  time  and  place  of  selling  refreshments,  ^iiScer."^ 
and  such  commanding  officer  shall  have  power  to  grant  exclusive 
privileges  to  such  persons  as  may  engage  to  furnish  suitable  spa- 
cious and  convenient   places  of  parade,  and  the  sutler  aforesaid, 


208  PT.  1.— TIT.  11.— Public  Defence/. 

Chapter  '>. — Preservation  of  order  at  Parades. 

when  permitted,  shall  not  be  liable  for  retailing  spirituous  liquors 
at  any  of  the  musters  aforesaid  under  the  law  for  retailing  spirit- 
tious  liquors  without  license. 
Treatment        ^^JKiTO.  Yisitors  fouiid  ou  the  i)arade  ground  during  the  times 

«f  intoxica-        '-  .  .  "■ 

ted  visitors,  thereot  intoxicated,  may  by  the  commander  be  marched  beyond 
the  lines,  and  on  returning  in  tlie  same  state  may  be  put  under- 
<ruard. 


CHAPTEll  A'l. 

PROVISIONS  OF  LOCAL  APPLICATION. 

Section'.  i  Section. 

1071.  Cities — liow  organized  into  corn's.  ;  1070.  Members  exempt  from  jury  duty. 

1072.  Each  beat  elect  a  captain,  &c.  <  1080.  Same  privileges  to  other  cities. 

1073.  Removal  of  commissioned  otBcer.  i  1081.  A'olunteer  corps  of  Savannah. 

1074.  Captain  of  beat,  &c.  :  1082.  How  organized. 

1075.  Beat  company — how  designated,  j  1083.  Rights  of  the  regiment  secured. 

1076.  Regiments,  battalious,  Ac.  ]  1084.  By  whom  commanded. 

107  7.  Volunteer  companies  of  Augusta.      1085.  Honoraiy  members— liow  admitted. 
1078.  Commanding  officer — how  elected. 

Cities  (livi-       §1071.  Cities  where  the  population  may  authorize  it  may  be 

beats.  ^      divided  into  beat  coini^anies  by  law :  each  district  in  which  two 

Justices  of  the  Peace  are  elected  shall  constitute  two  beat  com- 

Eightbeat    pauies.     If  there  be  eight  beat  companies  or  more  they  shall 

companies  .  .  .^  in  •       ,  i        .l    t 

totorma     coustitutc  a  regiment,  lour  or  more  shall  constitute  a  battalion 
ioura  bat-    to  bc  Commanded  by  a  lieutenant  colonel  and  major,  two  or  more 

shall  constitute  a  battalion  to  be  commanded  by  a  major. 
Election  of       §1072.  The  citizens  of  the  several  cities  or  towns  arranged 
t-eat  com'-'^    iuto  beat  companies,  resident  within  their  respective  beats,  shall 
taiioDsand   elect  ouo  captaiu  and  two  subaltern  officers  for  each  beat  com- 

r*i' **i  01  c  n  t  s 

]:)any ;  where  a  battalion   exists  the  citizens  resident  within  the 
l)attalion  limits  shall  elect  the  lieutenant  colonel  and  major,  or 
major,  as  the  case  may  be,  and  where  a  regiment  is  formed  the 
citizens  within  its  limits  shall  elect  a  colonel,  lieutenant  colonel 
and  major. 
Where  com-      ^1073.  Ill  citics  or  towiis  tlic  rcmoval  of  a  commissioned  offi- 
Se'r"may  cer  sliall  iiot  vacatc  his  commission,  unless  it  be  beyond  the  cor- 
porate limits  of  the  city  or  town. 
Captains  to       §1074.  The  captaius  of  all  beat  Companies  in  the  State  shall 
commis"*'"  appoiut  four  sergeants  and  four  corporals  for  their  respective- 
ters. '  " "    companies ;    they  shall   hold   company   courts   martial   in   like 
manner  with  captains  of  (company  districts. 


FT.  l.-TIT.  II.-IW  Defekc  E. 

Chapter  6.— Provisions  of  Local  Application. 


209 


§10^5.  The  beat  companies  in  each  regiment  or  battalion  shall  Beat  com- 
be designated  bj  the  first  ten  letters  of  the  alpliabet,  commen-S„1- 
cingM'ith  "A"  and  continuing  regularly  to  "K,"  omitting  "J  "mld!"'^"" 
§1076.  Battalions  under  separate  command  l>v  the  nime  of  Battalions 
the  city  or  town  in  which  they  are  located,  and  regiments  l)v  a^^'' 
number  fixed  by  the  commander-in-chief. 

107T.  Tlie  volunteer  companies  of  the   city  of  Augu.ta  arc  voh.„teer 
organized  into  a  separate  battalion  called  tlie  -Indei)endeiit  Vol- o?T;r 
nnteer  Lattalion  of  Augusta,"  an<l    separated    Irom    the    tenth  iorffi^ 
regiment.     Any  other  companies  which  mav  be  organized  here-  K"''"'' 
alter  m  the  city  of  Augusta,  may,  if  they  desire  it,  be  attached 
to  the  battalion,  and  when  the  number  of  companies  amount  to 
eiglit  they  shall  constitute  a  regiment  to  be  called  the  "Iiidepen- 
<lent  V  olunteer  Regiment  of  Augusta." 

§1078.  The   battalion  shall   l^e  commanded   bv  u  lieutenant co.n.a„.ior 
colonel,  elected  by  the  members  of  the  coi,.panics;-oinposin.nhe  tai.t^-tw 
battalion,  who  shall  have  a  full  and  complete  regimental  stafi'  ^■'^^'^'• 
iNo  person  shall  be  eligible  as  lieutenant  colonel  or  to  an  appoint- 
ment on  the  stafi'  who  has  not  been    connected   as   a   regular 
niember  with  one  of  the  companies  of  the  battalion  for  at  least 
six  months  previous  to  the  election  or  appointment 

§  1079.  The  active  members  of  the  battalion  are  exempted  from  i,at.„, 
jury  duty  m  the  Courts  of  the  city  of  Augusta  and  in  the  county  ui^; 
ot  Kichmond,  and  Irom  the  performance  of  militia  duty  except'"'" 
m  case  ot   war,  riot,  insurrection  or  invasion.     The    battalion 
shall  be  subject  to  the  orders  of  the  commanding,,  officer  when- 
ever he  may  deem  it  expedient. 

§1<»S0.  The  same  privilege  is  granted  to  the  volunteer  c-om- cu,  voiun- 
panics  m  the  city  ot  Macon  and.  any  other  city  in  the  State Ses^'S.-ay 
which  has  the  requisite  number  of  volunteer  companies,  and  i^^^^t^ 
deficient  they  are  allowed  to  make  up  such  number  from  the  le^es^^^^'" 
county  in  which  such  city  is  situated,  and  if  not  in  the  countv 
elsewhere.  •' ' 

§1081.  The    volunteer   corps   of   tlie   city   of  Savannah   are  vo.    t 
tornied  into  a  regiment  entitled  ''The  First  Volunteer  Regiment  ^^^^^^^^^^^^^^^ 
ot  the  State  ot  Georgia,    embracing  as  many  corj)s  as  may  chose '^  "■''^"™^"*- 
to  conform  to  the  regimental  organization;  but  when  the  re-i- 
ment  numbers  sixteen  companies  they  may  organize  themselves 
mto  a  brigade  and  elect  the  necessary  oflicers  to  command  the 
same  in  such  manner  as  the  members  of  said  companies  may  see 
nt  to  adopt.  *' 


ion 
xemptfrom 
ry  and  mi- 
duty. 


210  PT.  1.— TIT.  11.— PciiLic  Defence. 


Chapter  6. — Provisions  of  Local  Application. 


Officers  and       §1082.  The  fii'st  voluuteer  reorinient  sliall  be  commanded  by  a 

staflf.  O  O  «r 

colonel,  lieutenant  colonel  and  major,  and  sliall  be  entitled  to  a 
regimental  staif.     Orders  for  the  election  of  a  colonel,  as  often 
as  a  vacancy  occurs,  shall  be  issued  by  the  commander-in-chief, 
and  the  members  of  the  several  corps  constituting  the  regiment 
alone  shall  be  entitled  to  vote,  all  other  elections  for  officers  be- 
longing to  said  regiment  shall  be  ordered  by  the  colonel  or  com- 
manding officer. 
Righrsofthe      §1083,  The  rights  and  privileges  accruing  to  said  regiment 
cMcrt.*^"  ^'^' shall  not  fail  by  the  consolidation  of  two  or  more  companies  or 
the  withdrawal  or  dissolution  of  one  or  more  companies',  but  the 
same  shall  vest  in  and  be  enjoyed  by  the  corps  composing  the 
"First  Volunteer  Regiment." 
Commanded      §108i.  The  "  First  Yoluntoer  Regiment "  shall  be  subject  ex- 
offlce^rs  and  clusivcly  to  the  commaud  of  its  own  officers  and  the  commander- 
in-chief,       in-chief,  except  when  on  detached  service  either  of  this  State  or 
of  the  Confederate  States,  Avhen  it  shall  be  governed  by  the 
military  law  and  the  usage  and  custom  of  the  army. 
Honorary         §1085.  All  tlic  voluntecr  corps  shall  each  have  the  privilege 
voiuntc'^T     of  enrolling  as  honorary  members  of  their  respective  corps  not 
exceeding  twenty  persons,  who  shall  be  exempt  from  ordinary 
militia  duty,  only  so  long  as  they  continue  their  membership  in 
said  companies,  on  paying  into  their  respective  treasuries  the 
sum  of  twenty  dollars  each  annually. 


corps. 


CHAPTER  YII. 

MISCELLANEOUS  PROVLSIONS. 


Section'.  ISectiox. 

1086.  Insurrcctioii.  Ac. — dut3'ofGov.       i   1095.  Arms,  &c.,  exempt  from  sale. 

1087.  Discipline  of  military. 

1088.  Entitled  to  pay  &  rations — when. 

1089.  Duty  of  resident  commander. 

1090.  llequisition  of  militia  by  C.  S. 

1091.  Commanding?  officer,  &c. 

1092.  When  called  out  of  the  State,  &c. 


1 096.  No.  of  votes  required  to  elect. 

1097.  Elections  and  returns  thereof. 

1098.  Commissions  and  effect  thereof. 

1099.  The  ratification  by  the  State. 

1100.  Officers  must  report  themselves. 

1101.  Substitutes  may  be  received. 


109;5.  Pass  over  ferries,  Ic,  free — when.      1102.  General  provisions  adopting,  &c. 
1094.  Under  arms  to  preserve  order,  &c.  i    llO;?.  Incorporated  comp.  not  affected. 

In  case  of  §1086.  Upoii  any  insurrection,  rebellion,  invasion  or  probable 
tLXinva-  prospect  thereof,  it  shall  be  the  duty  of  the  Governor  to  call  from 
Gov.  to'cuii  that  portion  of  the  State  then  threatened,  or  other  portion  if  ne- 
force™' '  '"^  cessary,  such  part  of  the  military  force  of  the  State  as  he  may 


PT.  1.— TIT.  11.— Public  Defence.  211 

Chapter  7. — Miscellaneous  Provisions. 

think  proper,  and  detail  such  number  of  staff  officers  of  the  ne- 
cessary grades  from  the  several  staff  departments  for  their  accom- 
modation, equipment  and  support  as  may  l)e  necessary. 

§1087.  Whenever  any  portion  of  tlie  military  force  of  this  nisei pUno 
State  shall  l)e  called  into  actual  service,  either  of  the  State  or  of  into  actual 
the  Confederate  States,  they  shall  be  <i:overned  by  the  roijuhitions 
of  the  army  of  the  Confederate  States,  and  the  rules  and  articles 
of  war  so  far  as  the  same  are  applicable,  but  to  the  cashiering  of 
any  officer,  or  the  infliction  of  capital  punishment  within  the 
limits  of  this  State,  the  approbation  of  the  commander-in-chief 
shall  be  necessary. 

§1088,  When  any  portion  of  the  military  force  of  the  State  is  ray  and 
ordered  by  the  commander-in-chief  for  actual  service,  or  for  drill  ^' 
and  instruction,  they  shall  be  allowed  such  pay  and  rations,  and 
other  compensation,  as  are  allowed  to  tlie  army  of  tlie  Confed- 
■erate  States. 

§1080.  If  a  sudden  invasion   should  l)e  made,  or  insurrection  j),jj^,  ^f^cs- 
happen,  in  any  county  or  city  of  this  State,  the  commanding  of- j;j!;"^,,*:°™„ 
ticer,  in  said  county  or  city,  is  em})owered  to  take  the  necessary  Ji'^.^J'-Jlya.''' 
steps  to  repel  the  same,  and  upon  tlie  requisition  of  the  civil  au-^'""" 
thorit}',  to  proceed  to  quell  the  insurrection,  reporting  the  condi- 
tion of  things  at  once  to  the  commander-in-chief. 

§  1000.  Whenever  any  detachment  of  the  militia  may   be  re-  D^.tnohment 
■([uired  of  this  State,  by  the  proper  authority,  on  the  part  of  tlie;.'a'i'eli''i';rby 
Confederate  States,  the  connnander-in-chief  shall  cause  the  same  ^'  ''^ 
to  be  apportioned  by  such  staff  officers  as  he  may  think  proper 
to  detail  for  that  purpose,  and  a  list  of  the  persons  so  detached, 
shall  be  made  out  and  forwarded  to  the  Executive  Department 
forthwith,  and  the  Governor  shall  assign  the  necessary  officers  to 
said  detachment  from  the  officers  of  the  militia  then  in  commis- 
sion. 

§1091.  When  a  division,  or  brigade,  or  companies,  sufficient  Brigade  or 
to  constitute  either,  shall  be  called  for  on  tiie  part  of  the  Confed- Innuir  ° 
orate  States,  and  detached  from  the  militia  of  this  State,  the  Gov- sonicJV 
ernor  shall  appoint  a  suitable  officer  to  command  the  same,  and 
commission  him  accordingly,  unless  otherwise  provided  for  by  the 
Constitution  and  Laws  of  the  Confederate  States. 

§1092.  Whenever  a  sufficient  number  of  the  militia,  to  consti- Kepimont  or 
tute  a  regiment  or  battalion,  shall  be  detailed  for  service  to  op- luumlCTn-'^ 
erate  beyond  the  limits  of  the  State,  such  regiment  shall  be  fur-statr^'^*''* 
nished,  by  the  Governor,   with  two  flags — one  the  regimental 


212  PT.  1.— TIT.  11.— Public  Dkfexce. 

Chapter  7. — Miscellaneous  Provisions. 

color  bearing  the  arms  of  the  State ;  the  other  the  national  color- 
bearing  the  arms  of  the  Confederate  States,  botl  I  inscribed  with 
the  name  of  tlie  regiment,  and  if  a  battalion,  the  regimental  color 
only,  conforming  to  flags  of  like  description  in  the  army  of  the- 
Confederate  States,  and  at  the  close  of  the  service  it  shall  be  the- 
dnty  of  the  officer  conuuanding  snch  regiment  or  l)attalion  to  re- 
turn the  same  to  the  Governor,  or  report  the  reasons  for  his  de- 
fault tliei'ein,  which  shall  be  communicated  to  the  next  General 
Assembly, 
oflicei-san.i       8  1093,  All  officers,  wliilst  on  dutv,  and  anv  militia  called  to- 

militia  to  <-'  '  ,.■•./• 

passfree      musters,  parades  or  drills,  or  to  courts  martial,  or  courts  of  in- 
over  toll  ■  i-  '  ' 

^^!^^^*^     (piiry,  having  to  pass  oxev  toll  bridges,  ferries  or  through  turn- 
pike gates,  shall  pass  toll  free  going  to  or  returning  from  the  dis- 
charge of  snch  duty, 
onmustor        §1091.  For  the  purpose  of  preserving  order  on  any  day  of  pa- 
litiaareun-  rade,  drill  or  muster,  the  militia  shall  be  considered  as  nnder- 

<ler  arms  ,  i  •    •  j>    i  •  •  •  t 

from  sunrise  amis  irom  tlio  risiug  ot  the  sun  to  its  setting  m  the  same  day.. 

to  sunset,  i      i      n    i  ^10  i        •  i    ^        • 

and  shall  l)e  exempted  trom  arrest  during  that  time. 
Arms,ac-         jj  1095.  All  anus,  ammunition   and  equipments,  the  troopers 
ments,"&c.,  liorse  and  furniture,  the  uniform  and  accoutrements  of  the  sol- 
txemp  rom  ^.^^^  ^^^^  evcry  horse  necessary  to  the  discharge  of  military  dnty 
in  every  departn.ient  of  the  State's  service,  with  his  apparel,  shall' 
l)e  exempt  from  seizure  and  sale  under  civil  process,  nor  shall 
any  service  of  civil  process  be  etfectual  upon  any  militia  man 
while  going  to,  continuing  at,  (ir  returning  from  parade,  drill  oi" 
muster,  or  while  in  actual  service  of  the  State  or  of  the  Confed- 
erate States. 
Plurality  of       §1096.  At  all  elections  for  otncers  of  the  militia,  the  person- 
■  lect.  "       having  the  highest  number  of  votes  shall  be  declared  elected. 
Elections—       §1097.  All  elcctious  for  militia  officers  shall  be  held  at  the- 
where  held,  ^^g^g^}  placc  of  lioldiug  electioiis,  and  the  superintendents  shall  re- 
turn the  result  thereof  to  the  commander-in-chief,  who  shall  cause- 
commissions  to  issue  accordingly;  but  upon  due  proof  of  fraud  or - 
illegality  in  holding  such  election,  the  commander-in-chief  may 
supercede  the  same  and  order  a  new  one  in  his  discretion. 
i;ommis-  §  1098.  All  commissions  shall  bear  the  impression  of  the  great 

with  great    Seal  of  tlio  State  ill  print,  aud  shall  run  during  good  behavior;: 
but  they  may  be  vacated  by  removal  from  the  command  in  which 
the  officer  belongs  by  death,  resignation,  sentence  of  a  court  mar- 
staft- ofliccrs  tial,  and  acceptance  of  another  inconsistent  commission.     Staft" 
Sweo.*^"    officers,  except  the  chiefs  of  the  staff  departments,  may  be  re- 


PT.  1.— TIT.  11.— Public  Dkfenck.  21S 

Chapter  7. — Miscellaneous  Provisions. 


moved  by  the  officer  in  whose  staff  they  serve,  and  tlieir  commis- 
sions shall  expire  with  his  commission. 

S 1099.  Tlie  resolution  of  the  Senate,  c(»ncurrini2:  in  the  nomi-  Nomination 

^.  .  ^      1         -r»  1  of  a  military 

nation  of  anv  military  omcer,  shall  l)e  certilied  bv  the  President  "ffi^er to  be 

■^  '  .  ■  ,  .        certified. 

and  Clerk  of  the  Senate,  and  be  transmitted  to  the  Executive 
Department,  and  the  Governor  shall  cause  commissions  to  issue 
in  accordance  therewith. 

jJllOO.  All  officers,  on  reception  of  their  commission  and  tlieir  officers  to 

...  ,  •  i-      1  11  1    report  thcm- 

subscription,  and  the  attestation  ot  the  oath  thereto  annexed,  selves, 
shall  immediately  report  themselves  to  the  proper  officer  in  com- 
mand. 

§1101.  Any  person  detached  to  serve  with  any  portion  of  tlie  May  provide 
militia  called  into  the  service  of  the  Confederate  States,  maywhenVaiw 
utler  a  substitute  at  or  before  the  time  of  rendezvous,  and  such  o"  c.  s."^^' '^ 
substitute,  if  he  shall  be  an  able  bodied  man  of  the  age  of  twen- 
ty-one years  and  upwards,  and  shall  consent  in  writing  to  subject 
Jiimself  to  all  the  duties,  tines,   forfeiture  and  punishmeiits  to 
M'hich  his  principal  would  be  subject,  were  he  personally  to  serve, 
lie  shall  be  accepted  by  the  commanding  officer  of  the  detach- 
ment, and  ordered  to  be  enrolled  in  place  of  his  principal. 

§1102.  All  matters  of  detail   in   the  various  branches   of  the  General  pro- 

.,..  .  p    I       o  '11  •  1     1     !■         •  1  •    visionadopt- 

military  service  ot  the  State,  not  specially  provided  tor  m  this  in- military 
Code,  which  may  occur  in  the  execution  and  distril)ution  of  or- 
ders, reports  and  returns,  proceedings  of  courts  martial  and  courts 
of  iiKpiiry,  discipline  and  etiquette,  rank  and  precedence  of  offi- 
cers, military  badges  and  distinctions,  shall  be  determined,  as  far 
as  practicable,  by  military  law  and  usage,  and  the  custom  of  the 
army  of  the  Confederate  States. 

§1108.  The  provisions  of  this  Code  shall  not  repeal  or  super- code  not  to 
-cede  any  rights,  privileges  or  liabilities,  attaching  to  any  military  [e^es  of  In- 

•       i-         1  A     i      ±'  ii       1         •   1  •  1  '•    corporated 

organization  by  any  Act  ot  the  Legislature,  creating  such  organi- companies. 
zation  a  corporate  body ;  but  in  all  cases  Avhere  volunteer  compa- 
nies have  been  incorporated,  they  shall  l)e  called  on  by  general 
<jrder,  published  by  the  commander-in-chief,  to  report  by  the  first 
day  of  May  next  ensuing  the  date  M'hen  this  Code  shall  go  into 
effect,  and  on  failure  to  report,  they  shall  be  deemed  to  have  sur- 
rendered their  franchise  as  corporations,  and  shall  be  dropped 
from  the  roll  and  disbanded,  nor  shall  they  supercede  any  militia 
laws  now  of  force  that  mav  not  be  inconsistent  with  them. 


Srfl  PT.  1.— TIT.  11.— Public  Defence. 


Chapter  8. — The  Public  Anns  and  Arsenals. 


CHAPTER  YIII. 

THK  PURIJC  ARMS  AND  ARSENALS. 

Section.  Skctiox. 

1104.  The  imblic  arm.-; — where  kejn.  1110.  City  volunteers  may  use  arsen;il. 

1 1 05.  Persons  receiving  must  »ive  bond.       1111.  Deposit  of  gun  powder. 
HOC.  Delivery  of  arms.  1112.  Military  store  keeper,  &e. 

1107.  Bond  not  required — when.  111.'!.  Must  give  bond  and  surety. 

1108.  Brigade  inspector — his  duty.  111-4.  His  duties. 

1109.  Commissary  general — his  duty.       !   lU'i.  Penalty  for  violation  of  duty. 
I'nbiicanns      §  1104.  The  public  aniis  of  the  State  are  to  be  deposited  in  the- 

— where  i  o 

kept  arsenals  at  Savannah  and  Milledgeville,  as  the  public  exigency 

may  require,  and  at  such  other  place  as  the  commander-in-chief" 
may  order,  or  the  General  Assembly  prescribe. 

Bond  and         §1105.  Before  arms  and  accoutrements  are  delivered  to  anv 

surety  to  be         ^  < 

given.  volunteer  corps,  bonds  and  sureties  must  be  executed  for  their 
careful  preservation  and  faithful  return,  according  to  law,  paya- 
ble to  the  commander-in-chief,  in  such  sum  and  under  such  other- 
regulations  as  he  may  prescribe. 

Delivery  of  §  1106.  Wlieii  sucli  is  doiic  tlic  commissary  general  shall  draw 
his  order  on  the  keei)er,  who  shall,  without  delay,  deliver  them. 

Bonds  not        §1107.  lu  casc  the  public  necessity  requires  i^,  the  command- 

when.  er-in-chief  may  permit  the  delivery  or  distribution  of  arms  with- 
out taking  such  bond,  and  may  impose  such  terms  as  he  may  see 
proper,  * 

Brigade  in-       §1108.  The  brigade  inspectors  must  examine  into  and  report 

report  "  the  conditioii  of  the  public  arms  and  accoutrements  in  their  re- 
spective brigades,  to  the  commissary  general,  by  the  first  ]\fonday 
in  October  annually. 

Neglect  of        §  1109.  When  the  'commissary  general  is  satisiied  that  any  por- 

arm.s.  .  /•  i  i      •  •     •  i    i'>  /»  i     ' 

tion  ot  sucii  are  oemg  injured  lor  want  oi  proper  care,  iie  may 
prescribe  such  terms  fur  their  preservation  as  he  may  see  tit,  and 
may,  in  his  discretion,  have  them  returned  to  the  arsenals, 
cityvoiun-       §1110.  The  voluntccr  corps  of  any  city  of  this  State,  where 
use  arseuHis.  there  is  an  arsenal,  are  permitted  to  deposit  their  arms  there,  pro- 
vided such  does  not  interfere  with  the  proper  keeping  of  the  arms- 
therein,  and  that  all  expense  of  so  doing  is  defrayed  by  such  corps. 
Deposits  of       §  1111.  Gun  powdcr  shall  not  be  deposited  in  any  arsenal  con- 
gm  pow  er.  ^^g^jfj  to  any  ordinance  or  by-law  of  the  city  where  it  is  situated.. 
Military  §  1112,  The  Govemor  has  power  to  apj^oint  military  store  keep- 

ers, ers  for  such  arsenals  or  other  places  where  the  public  arms  may 

be  kept,  who  hold  their  offices  for  one  year. 

/         .  '   •     ■  fe    t-t^"' 

o 


FT.  1.— TIT.  11.— Public  Defence.  215 


Chapter  8. — The  Public  Arms  and  Arsenals. 


§1113.  Before  enterino;  on  the  discharije  of  tlieir  duties,  all  shaii  give 
military  store  keepers  shall  give  ooiul  and  surety  in  such  sum  as  the  surety. 
Governor  may  order,  and  shall  also  swear  faithfully  to  discharge 
the  duties  of  their  offices  to  the  hest  of  their  skill  and  knowledge. 

P114.  It  is  their  duty— 

1.  To  take  into  possession,  and  safelv  and  nicely  keep  all  the  r)"t'<'s  of 

^  .    .  '  .1  military 

State  arms,  accoutrements,  munitions  or  other  State  property  store  keep- 
committed  to  their  care,  to  deposit  them  in  the  State  arsenal,  if 
in  good  repair,  or  in  such  other  building  as  they  may  be  direct- 
ed, and  to  keep  such  arsenal  or  building  in  proper  order. 

2.  To  make  annually,  or  oftener,  if  required  by  the  Governor 
or  ^commissary  general,  a  report  to  the  said  latter  named  officer, 
of  the  number,  kind  and  order  of  the  arms  and  accoutrements ;  of 
the  condition  of  the  munitions  and  other  ])roperty  in  their  keep- 
ing, inchiding  the  condition  of  their  buildings. 

3.  To  deliver  to  any  officer  or  person  having  the  order  of  the 
commissary  general  the  arms  or  other  |)roperty  required,  if  in 
their  j^ossession. 

4.  To  obey  all  lawful  orders,  atid  to  perform  such  other  duty 
as  the  law  may  require. 

§1115.  If  such  keeper  shall  viohite  any  portion  of  his  duty,  P.c'>-'»ity for 

,  ,  "^    ^  '      violation  of 

for  each  violation  he  forfeits  twenty-five  dollars  of  his  salary,  and  ^^"tJ'- 
for  unfaithful  conduct  or  inefficiency,  may  be  removed  by  the 
Governor. 


TITLE    XII. 

EDUCATION. 


CHAPTEPt  I. 

TIIK  rxn'KHSlTY  OF  lU^'.OROIA. 

Sectiox.  Seotiox. 

IIIG.  Tlie  rniver.«ily  of  Georsiia.  i    1126.  Reiioit  laid  belbre  tlie  Legislature. 

1117.  Name  and  style — may  sue.  v^ce.  ,    1127.  Oflicers — religion  of. 

1118.  Number  of  Trustees.  I   1128.  Not  required  to  take  certain  oaths. 

1119.  Board  reduced  below  a  quorum.  1129.  Chancellor  may  attend  Legislature. 

1120.  Powers  specified.  i    1130.  L^niversity  may  confer  degrees. 

1121.  Meeting — by  wlioin  called.  |    1131.  Graduates  of  Lumpkin  Law  school. 

1122.  Trustee  failing  to  attend,  iVc.  :    1132.  Preparatory  school  connected. 

1123.  Disposition  of  stock  subscribed  for.  i    1133.  Campus  grounds  reserved. 

1124.  Trustees  nuist  report  annually.  1134.  Permanent  income.  Ac. 

1125.  Yisitors — number  iuid  duty.  Ai-.  1  13r>.  Former  Acts  not  repealed  by  Codf. 


216 


PT.  1.— TIT.  12.— Education. 


Chapter  1. — The  Uuiversity  of  Georgia. 


TJniversity 
•of  Georgia 

and  its  gov- 
•erument. 


Name  and 
style — may 
sue  aud  bu 
sued. 


Number  of 
Trustees. 


"When  the 
Board  is  re- 
duced below 
a  quorum. 


Powers 

specified. 


Presiding 
officer. 


May  elect 
professors. 


Course  of 
studies. 


Establish 
schools. 


Books, 
Funds,  &c. 


Expenses. 


§1116,  The  government  of  t]ie  University  of  Georgia,  at 
Athens,  is  vested  in  a  Board  of  Trustees,  who  are  subject  to  the 
General  Assembly. 

§  HIT.  For  such  purpose  they  arc  a  l)ody  corporate  aud  politic, 
l)y  the  name  of  the  "Trustees  of  the  I'niversity  of  Georgia,"  by 
which  they  shall  have  a  perpetual  succession,  have  and  use  a  com- 
mon seal,  and  be  a  person  in  law,  able  to  plead  and  be  impleaded, 
to  hold  and  acquire  real  and  i)ersonal  estate,  with  power  to  lease 
and  otherwise  manage  the  same  for  the  good  of  the  University. 
All  money  or  property  granted  l)y  the  State,  or  individuals,  for 
the  advancement  of  learning  in  general,  is  vested  in  such  Trus- 
tees. 

§  Ills.  Such   Trustees   shall    consist  of citizens  of  this 

State,  any of  whom  shall  make  a  quorum,  with  power  to 

transact  all  business  within  their  authority. 

§1119.  If  the  Board  shall  be  reduced  to  less  than  a  quorum, 
the  Governor  shall  fill  the  vacancies  until  the  quorum  is  complete, 
and  then  the  quorum  shall  fill  the  remaining  vacancies. 

§  1120.  They  have  power — 

1.  To  elect  their  own  ofiicers,  such  as  President,  Yice  Presi- 
dent, Secretary,  Treasurer,  or  such  of  them  as  they  may  require, 
and  also  all  other  ofiicers  they  may  deem  necessary  for  their  or- 
ganization. 

2.  To  elect  a  })residing  ofiicer  of  said  University,  who  shall  be 
styled  ''the  Chancellor  of  the  University  of  Georgia,"  and  in 
case  of  a  vacancy  in  liis  ofiice,  unsupplied,  to  create  such  office 
and  make  such  arrangement  for  the  conduct  of  the  institution  as 
to  them  shall  seem  meet. 

3.  To  elect  or  appoint  professors,  tutors,  stewards  or  any  other 
ofiEicer  necessary,  to  discontiue  or  remove  them  as  the  good  of  the 
University  may  require,  and  to  fix  their  salaries. 

4.  To  prescribe  the  course  of  studies  to  be  pursued  l)y  the  stu- 
dents, the  terms  and  manner  of  graduating  and  of  conferring  all 
the  degrees. 

5.  To  establish  all  such  schools  of  learning  or  art  as  may  be 
useful  to  the  State,  and  organize  the  same  in  the  way  most  likely 
to  attain  the  ends  desired. 

6.  To  call  on  all  persons  mIio  may  have,  or  have  had,  any  funds, 
property,  papers  or  books  belonging  to  the  University,  to  deliver 
them  up  and  make  settlements. 

7.  To  adjust  and  determine  the  expenses  of  the  institution. 


FT.  1.— TIT.  12.— Education;  S|| 


Chapter  1. — The  University  of  Georgia. 


8.  To  exercise  any  power  usually  granted  to  such  incorpora-  Powers  usu- 
tions,  necessary  to  its  usefulness,  and  not  in  conflict  with  the  Con- 
stitution and  laws. 

§1121.  The  President  of  the  Board  and  two  of  its  members  Meetings  of 
may  appoint  a  meeting  at  any  time,  l)y  giving  to  the  others  at.aiied. 
least  ten  day's  notice,  by  letter  or  otherwise.  When  the  President 
does  not  act  the  senior  trustee  present  shall  preside,  and  in  all 
other  respects  discharge  his  duties;  when  the  board  is  divided  the 
presiding  officer  shall  give  tlie  casting  vote,  or  may  vote  to  make 
a  tie.  A  majority  of  the  body  jtrosent  shall  govern,  if  a  qy^'i'^ni^- 
Nothing  done  at  a  special  meeting  sludl  ])e  binding  after  the  ris- 
ing of  the  next  anmuil  meeting,  unless  then  coniirmed. 

i:J1122.  If  any  member  of  the  Board.  l)eing  within  the  ^t ate,  trustees 
shall  fail  to  attend  any  two  successive  annual  meetings,  his  seat 'tcn["^  ^  *'" 
becomes  thereby  vacant,  unless  he  is  specially  excused  by  the 
Board  for  good  cause  shown. 

§112o.  Such  trustees  shall  never  dispose  of  the  stock  by  them  phaii  not dis- 
subscribed  for,  except  with  the  consent  of  the  General  Assembly,  suhscribod'^'' 
but  the  dividends  therefrom  shall  be  drawn  and  used  as  the  va-  '^^' 
rious  demands  of  the  University  may  require. 

§1124.  It  is  the  duty  of  such  trustees  to  make  an  annual  re- rpj.„gjpgg 
port  of  their  business  to  the  Governor,  which  must  embrace  a  "nn^'auy!"^* 
statement  of  their  expenditures  and  receipts  on  account  of  the 
University,  the  number  and  nanu^s  of  the  students,  their  diifer- 
ent  studies,  the  tuition  money  and  all  information  and  sugges- 
tions which  the  Board  nuiy  think  conducix  e  to  the  good  of  the 
University,  and  the  cause  of  general  education  in  the  State. 

§  1125.  The  Governor  shall  appoint  annually  ten  citizens  of spedai 
this  State  as  a  special  Board  of  visitors  to  attend  the  University  l^suors— 
examinations,  preceding  the  annual  commencements,  and  saidp^ntod. 
committee,  by  three  of  their  number  chosen  by  them,  shall  report 
to  the  Governor  with  the  least  possible  delay,  the  character  of 
said  examination.     Such  visitors  shall  receive  for  their  services 
hve  dollars />t^/'  rh'ent,  estimating  from  the  date  of  their  leaving 
their  respective  homes. 

§112r).  The  Governor  shall  lay  the  reports  respectively,  of  thenoportof 
Board  of  Trustees  and  the  Board  of  Visitors,  annually,  before  Trustees  and 
the  General  Assembly,  in  connection  with  his  annual  message, 
with  such  comments  as  he  may  see  proper,  and  when  so  done  the 
General  Assembly  has  power  to  revise  and  approve  or  reject  the 
action  of  the  Board  of  Trustees. 


218 


PT.  1.— TIT.  12.— Education. 


Cliapter  1. — The  University  of  Georgia. 


Officers  shall     §1127.  All  officcrs  elected  or  appointed  for  the  ITniversitv 

be  of  the  •^  1     .      •  1 .     .  ,  .  T    .      ' 

christian  re- shall  1)6  01  the  ohnstiaii  reliirioii,  hut  110  person  ot  anv  relie-ioiis 

lipion.  .  "  .  ^  "       , 

denomination  shall  he  exchided  from  equal  advantages  of  educa- 
tion and  the  immunities  of  the  T^niversity  on  account  of  their 
speculative  sentiments  in  religion,  or  heingof  a  ditferent  religious- 
profession  from  the  trustees  or  faculty. 
Oaths  re-  >:j  1128.  Tlic   Chancellor   of  the  T'niversity,  its  Professors  and 

?hrcharu-r.  Tutfirs  shall  iiot  he  required  to  take  certain  oaths  prescril)ed  iit 

its  charter. 
Chancellor        §  1129.  The  Chancelh>r  has  the  authority  to  ap})ear  hefore  the 

luav  ajjpear    ^    '  ...  ,  .  ,  .  i        t  i  ,  i 

before  the     CTeiieral  Assembly  once  at  each  session,  and  address  them  in  per- 

Legislatnro.  -,.   .  .  ,  x      i       tt    •  • 

son,  on  the  condition,  interests  and  wants  ot  the  University, 
conferrinj,'        §1130.  The  T'liiversitv  may  confer  degrees  as  follows: — 

1.  To  each  graduate  of  the  T'^niversity  the  degree  of  Bachek>r 
of  Arts. 

2.  To  each  graduate  of  the  riiiversity,  or  of  another  College 
of  three  years  standing,  or  to  sucli  graduates  as  have  passed  a 
year  in  the  University  schools,  all  Ijcing  of  good  moral  character,, 
the  degree  of  Master  of  Arts. 

8.  To  all  law  students  who  ha\e  attended  tlie  lectures  of  the 
Professors,  and  are  recommended  l)v  tliem  for  the  same,  the  de- 
gree of  Bachelor  of  Laws. 

4.  To  the  graduates  of  such  medical  school  as  may  he  estah- 
lished  l)y  the  trustees  of  the  Pniversity,  the  degree  of  Doctor  of 
Medicine. 

5.  To  students  in  the  T^niversity  schools  of  two  years  standing, 
and  proficient  in  two  oi-  more  of  them,  the  degree  of  Doctor  of 
Philosophy. 

6.  To  persons  distingiiislie<l  for  learning.  al)ilitv  and  character. 
according  to  their  respecti\e  vocations,  the  degree  of  Doctor  of 
Laws,  or  of  Divinity,  and  wJien^  appro])riate,  hoth.  It  may  also^ 
confer  such  other  degrees  and  honors  as  may  tend  to  tlic  ])romo- 
tion  of  the  arts  and  sciences. 

Jj  1131.  Any  law  student  liaving  a  diploma  of  graduation,  sign- 
ed by  the  pnjper  authority  of  the  I'niversity,  is  entitle<l  to  ])lead 
and  practice  law  in  all  the  Courts  of  law  and  equity  of  this  State 
on  the  same  terms  of  the  graduates  of  the  Lumpkin  Law  School, 
and  all  graduates  of  the  Medical  School  of  the  rni\  ersity  are  en- 
titled to  practice  their  profession  in  all  its  branches. 

§1132.  By  the  authority  of  the  Board  of  trustees  there  sliall 
be  estal)lished.  in  connection  with  the  I'niversity,  an  institute 


Law  stu- 
dents may 
practice.  " 


PT.  1.— TIT.  12.— Education.  M| 

Chapter  1. — The  University  of  Georgia. 


eombiniiio;  the  instruction  iisnally  ffiven  in  academies  and  to  the  Preparatory 
lower  classes  in  Collesres,  and  by  the  same  authority  there  may  be  conmction 

c      '  "  ,,  '      /^    11  '        •    ^^'"^  college. 

a  reduction  of  the  number  ot  years  usually  spent  in  Colleges  pri- 
(tr  to  graduation.  T'niversity  schools  for  professional  education, 
including  the  application  of  science  to  the  industrial  arts  as  well 
as  to  the  more  abstruse  and  recondite  sciences,  and  especially  for 
tlie  promotion  of  medical  and  legal  education,  not  omitting  the 
application  of  (chemistry  to  agriculture,  and  matliematics  to  civil 
engineering. 

§1138.  There  is  reserved  and  set  apart  for  tlie  University  cam- campus 

^  _  ^  _  -^  ^  ■  grounds  not 

pus,  nut  subiect  to  alienation,  thirty-seyen  acres  of  the  tract  of^^"t>.i<?<'tto 
land  donated  to  the  Uniyersity  by  the  late  Goy.  John  Milledge. 

§1134.  The  permanent  income  of  said  University,  from  its  Ti,e  pern,3. 
bank  stock  sliall  not  be  less  than  eight  thousand  dollars  annually,  "ot  i('ss*'t™an 
and  when  the  dividends  from  tlie  bank  shall  not  be  equal  to  said  ^^^' 
sum  the  CTO\crn()r  is  required  to  make  up  the  deficiency  semi-an- 
nually, by  his  warrant  on  the  State  Treasurer,  for  its  payment 
out  of  any  money  not  otherwise  appropriated. 

§1135.  The  various  acts  of  the  General  Assembly  relative  to  Acts  in  reia- 
said  University,  in  force  at  the  time  of  the  adoption  of  this  Code,  vTsUr,  not 
if  not  embraced  herein,  and  not  inconsistent  witli  Avhat  is  so  em- [hls^codc,' 

1  J  J_^^^      ,'  J}  still  in  force. 

braced,  are  still  ot  torce. 


CHAPTEK  II. 

GEORGIA  MILITARY  INSTITL'TK. 

Skctiox.  Sectiox. 

1136.  Siii>L'rintL'iidont — tiiiiiointmcnt.  ito.  1 14vS.  Shall  teach  2  years  afler  graduating. 

1137.  His  rank  ill  the  volunteer  I'oroo.       !  1149.  Quorum  of  Inspectors  may  act. 

1138.  Aliseuce — how  supi)li('d.  1150.  Reasonable  expenses  allowed. 

1139.  Military  store  keeper  at  Institute.   '  1151.  Shall  ajjpoint  Sec'y  and  Treasurer. 

1140.  May  be  allowed  extra  pay — when.  1152.  Treasurer  must  report. 

1141.  In  the  di.stribution  of  arms,  <tc.      i  1153.  Inspectors  report  to  the  Governor. 

1142.  Inspectors — appointment  and  duty.  1154.  Officers.  .Ic. — ineligibility  of. 

1143.  A'isitors — appointment,  kc.  1155.  Rides,  .Ix-. 

1144.  Persons  disqualified  to  act.  1156.  Suits  for  or  against  tlie  Institute. 

1145.  State  cadet.s — how  appointed.  i  1157.  Expenses  of  State  cadets. 

1146.  How  selected — vacancies.  ,lc.  ;  1158.  Salary  of  tlie  Superintendent. 

1147.  Transferred  to  pay  list — when.  1159.  Officers  resigning  without  notice. 

§lJ3r).   The  commanding  olhcer  of  said  Institute  is  styled  thcTho  supcr- 

. ,  .  1  1         •  1  1  I         T>  1         .  T  1  intcndent — 

buperintendent;  Jie  is  clKjseii    hy  tlie  lioard  ot  Inspectors,  and  appointment 

1      1  1      1  •         i»'  1      •  Ml  '  1        1  TT  •        antl  term  of 

holds  his  oince  at    their  will   and  pleasure.      He  may  appoint  omce. 


220  PT.  1.— TIT.  12.— Ei.ufATioN. 


Chapter  2. — Georgia  Military  Institute. 


all  Lis  subordinate  military  officers,  subject  to  the  approval  of  said 
Board, 

His  rank.         §  1137.  13  V  virtue  of  his  office  he  is  entitled  to  rank  in  the  vol- 

commission,         ^  _         •'       _ 

Ac-  unteer  force  of  the  State  as  Major,  and  to  connnand  the  volun- 

teer battalion  of  Avhicli  his  cadets  form  a  part,  and  shall  l)e  com- 
missioned by  the  Governor  accordingly. 

Absence  of       §1138,  In  the  abseucc  of  the  Superintendent  iVom  parade,  or 

Superinten-  ,  .  ,   .       .        .  ^.  .it         •  i         -i  • 

(lent  or  other  tunes,  his  junior  officers  ot  the  Institute  take  his  place 

according  to  rank. 
Miliary  §  1139.  The  Superintendent  is,  bv  virtue  of  his  office,  also  mili- 

store  keeper  i  .     i 

.It  the  insti- tary  store  keeper  ol  the  public  arms  and  accoutrements  at  the 
Institute,  with  power  to  appoint  a  subordinate,  for  whose  conduct 
he  shall  be  responsible.  His  powers  and  duties  are  the  same  as 
other  Military  store  kee2)ers,  but  he  receives  no  salary,  except  for 
the  safe  keeping  of  a  quantity  of  arms  largely  more  than  neces- 
sary for  tlie  Institution. 

Maybe ai-        8  1140.  Sliould  tlic  Governor  place  a  laro;e  quantity  of  the  pub- 

lowed  extra     ,    "^  ^  _  ^  ■■-  .         .  . 

pay— when.  He  amis  ill  his  keeping,  he  may  allow  him  just  compensation, 

not  to  exceed  the  salary  of  other  military  store  keepers. 
In  distribu-      §  1141.  Ill  the  distribution  of  the  public  arms,  or  any  portion 
Institute      of  them,  the  Military  Institute  must  be  first  supplied,  according; 

first  suppll-  .  .    .  "^  IX'  O 

•cd.  to  its  necessities. 

Board  of  In-      §1142.  The  affiiirs  of  the  Institute  shall  be  under  the  control 
their Tp-      of  a  board  of  ten  Inspectors,  to  be  appointed  by  the  Governor,  of 
-ma  duty,     which  the  Governor  shall  be  ex  officio  President ;  the  board  may 
elect  a  President ^;;v)  tern,  to  officiate  in  the  Governor's  absence. 
TJiree  of  the  Inspectors  shall  be  a  quorum.     It  is  the  duty  of  said 
l^oard  to  organize  such  departments  for  staff  duty  as  may  be  ne- 
cessary to  establish  the  rank  and  grade  of  all  officers  of  the  In- 
stitute, to  appoint  the  State  cadets,  to  fill  vacancies  in  the  aca- 
demic staff,  and  to  make  and  ordain  all  regulations  for  the  go^'- 
ernment  of  the  Institute,  to  cause  to  be  kept  a  strict  account  of 
all  moneys  received  and  paid  out  on  account  of  said  Institute, 
and  report  the  same  to  his  Excellency  the  Governor,  at  the  end 
of  each  session,  together  Avith  the  proper  vouchers  for  the  same; 
all  of  which,  together  with  the  report  of  the   Superintendent, 
shall  l)e  by  him  laid  l)efore  the  General  Assembly,  at  the  regular 
session  thereof  in  each  and  every  year. 
vit  ap-      §1^^'^-  ^  Board  of  Visitors  to  the  Institute  shall  be  annually 
^omtment,    appointed  by  the  Go^'ernor,  as  many  as  he  may  deem  conducive 
to  the  interest  of  tlie  Institute,  not  exceeding  seven,  who  shall 


PT.  I.-TIT.  12.-Er)ucATioN. 


221 


Chapter  2.— G^eorpria  Militarj-  Institute. 


cadets 


meet  annuallv  at  the  institution,  on  snch  day  and  for  sncli  pur- 
pose as  ma,y  be  desiijjnated  in  the  regu]ati(jns.  Tliey  sliall  report 
to  the  Governor  siicli  matters  as  they  may  deem  advisable  toiu-li- 
ing  said  institution. 

§1144.  Xo  eadet  Avho  lias  been  disiuissed  or  expelled,  or  has  i.,,,ons  dis- 
deserted  from  the  Institute,  shall  be  a  mend)er  of   any  Board  Sers^o'f 
connected  therewith,  nor  any  other  cadet,  until  after  the  expira-'*^''"^*''""^- 
tion  of  three  years  from  the  date  of  bis  leaving  the  institution 
except  as  an  instructor. 

§1145.  Tlie  Board  of  Ins])ectors  shall  api)oint,  bv  warrant,  one«,  . 
cadet  Irom  each  of  the  Congressional  districts  of  the  State,  and~iXrP 
two  from  the  State  at  large.  They  shall  not  be  under  fourteen'*"""' 
or  over  twenty-five  years  of  age,  and  must  be  of  insufficient 
pecuniary  means  to  maintain  and  educate  themselves  at  the  insti- 
tution. 

§114(;.  They  shall  be  taken  in  turn,  from  each  county  in  the  ir„,^  8ei«c- 
district,  until  every  county  has  furnished  one,  l)efore  any  county  dcs-how"' 
shall  send  another;  vacancies  shall  be  supplied  from  a  different ""'''• 
county  than  that  from  which  the  regular  appointment  came.     If 
any   of  the  districts   shall  tail  to  offer  one  applicant,  or  from 
reasonal)lc  objections  there  shall  be  no  appointment  from  a  dis- 
trict, the  board,  after  giving  due  notice  of  such  deficiency,  shall 
fill  the  vacancy  from  applicants  already  before  them.     The  Board 
of  Education  in  each  county  may  select  and  recommend  one  aj)- 
I'licant  from  their  several  counties. 

§1147.  If  it  should  be  ascertained,  or  should  happen,  that  a^ 
State  cadet,  after  his  appointment,  has  sufficient  pecuniary  ability  ^""7  bc"*'^'^ 
to  defray  his  expenses,  he  sliall  be  transferred  to  the  list  of  pay  t"*"ii'e"'iisf  of 
cadets,  and  the  vacancy  shall  l)e  filled  by  another  appointment. "  ""h^'i-"*'''*"' 

§1148.  Every  State  cadet  shall  sign  a  written  pledge  of  honor  ^j,,^^  teach 
to  act  in   the  capacity  of  teacher  in  (.ne  of  the  schools  of  this ^IHS"" 
State,  after  leaving  the  Institute,  for  a  term  of  two  years,  unless  |i',"''«"''^'^""^- 
excused  for  sufficient  cause,  by  the  Board  of  Inspectors,  receiving 
such  compensation  therefor  as  may  be  agreed  on  between  himsefJ' 
and  the  authority  of  the  school. 

§1149.  A  quorum  of  said  Board  of  Inspectors  are  competent  ^  quorum  of 
to  the  transaction  of  all  business,  except  making  or  changing  the'-'i^LT- 
rules  and  regulations,  M'hen  a  majority  must  be  present.^    Their  X!.";Sd- 
meetings  shall  be  held  at  the  Institute  as  often  as  maybe  neces-i^'l^S. 
sary.     Vacancies  in  the  Board  of  Inspectors  must  be  reported  to 
the  Oovcrnor,  who  shall  iill  the  same. 


222  PT.  1.— TIT.  li>.— Education. 


Chapter  2. — Georgia  Military  Institute. 


Expenses—       §  1150.  All  reasonable  expenses  incurred  by  the  members  of 

owpau.     ^^^^^^  ^^  ^_^^^  boards,  in  the  discharge  of  their  duties,  shall  be  al- 

^i  lowed  them  hj  the  Governor,  and  paid  by  his  warrant  on  the 

Treasury,  out  of  any  money  not  otherwise  appropriated,  but  there 

shall  l)e  no  salary,  or  j)er  clieni  compensation. 
Secretary         §  1151.  The  Board  of  Inspectors,  shall  appoint  a  Secretary  and 
er— appoint-  Trcasurer  of  said  Institute,  and  fix  his  compensation.     He  must 

give  a  bond  and  security,  in  the  sum  of  live  thousand  dollars,  to 

be  approved  by  said  board,  a  copy  of  which  shall  be  sent  to  the 

Governor  and  tiled  in  the  Executive  office. 
Treasurer         §  1152.  Sucli  officers  sliall  quarterly  render  to  the  Superinten- 

must  report  "  .  ... 

<iuartcriy.  Jgnt,  and  ofteuer  if  he  requires  it,  a  full  statement  of  his  receipts 
and  disbursements,  which  shall  be  reported  to  the  Board  of  In- 
spectors annually,  or  oftener,  if  required  by  them. 

Inspectors        §1153.  Said  board  shall  annually,  and  up  to  the  tirst  day  in 

must  report  ^  ^        r\  '•  x'      n      i  _a>   • 

to  Governor.  Qctobor,  make  to  the  Governor  a  written  report  ol  all  the  atian's 
of  the  institution,  sending  therewith  the  annual  report  of  the 
Superintendent,  and  shall  propose  such  alterations  or  improve- 
ments, as  they  may  desire,  which,  together  with  the  report  of  the 
Board  of  A'^isitors,  shall  be  by  the  Governor  laid  before  the  Gen- 
eral Assembly,  in  connection  with  his  annual  message. 
Ineligibility  §  1154.  All  officcr  or  professor  of  the  Institute  is  ineligible  as 
of  officers.    ^^^^  ^^  ^^^^  Board  of  Inspectors  or  Visitors  ;  neither  can  either  one 

of  said  Board  be  chosen  to  either  one  of  said  positions. 
Euies,  &c.,        §1155.  The  rules  and  regulations  of  the  Board   are  subject  to 

^  °""  ■  the  call  of  the  General  Assembly. 
Suits  for  or       §1156.  Suits  for  or  agaiiist  the  Institute  iiiust  be  ill  the  name 
instuute.'*    of  the  Board  of  Inspectors  ;  service  on  the  Superintendent  shall 

be  sufficient. 
Expenses  of      §1157.  The  suiTL  of  two  thousaud  dollars  is  annually  appropri- 
-how^paw' ated  to isaiid  Institute,  to  be  used  by  the  Board  of  Inspectors,  in 
considerl^-i^^i  of  which  ten  State  Cadets  must  be  furnished,  board, 
tuition,  wasiJug,  fuel,  light  and  medical  treatment,  free  of  charge, 
they  providing  their  own  room,  furniture,  clothing,  &c.,  which 
sum  is  payable  quarterly  on  the  warrant  of  the  Governor  for 
that  purpose. 
Salary  of  su-     §1158.  The  Salary  of  the  Superintendent  shall  be  paid  by  the 
dent— h°  w    State  out  of  any  money  in  the  Treasury  not  otherwise  appropri- 
^**^'  ated,  at  the  close  of  each  session,  by  the  warrant  of  the  Governor, 

drawn  on  the  Treasurer  for  that  purpose. 

§1159.  Ko  professor,  assistant  professor  or  the  Superintendent 


FT.  1.— TIT.  12.~Ei)L  CATION.  223 


Chapter  2. — Georgia  Military  Institute. 


of  said  Institute,  shall  resign  his  office  therein  without  giving  the 
Board  of  Inspectors  thirty  days'  notice  of  his  intention  so  to  do, 
and  for  a  violation  of  the  provisions  of  this  section,  such  officer 
so  violating  shall  forfeit  to  said  In.-titute  one  fourth  of  his  an- 
nual salary,  to  be  retained  on  settlement. 


CHAPTER  III. 

ACADEMY  FOR  TIIK  BLIND. 

■Section.  i  Section. 

IIGO.  Location  and  orgauization.  ;   1168.  Trustees  must  report  to  Governor. 


1161.  A  body  corporate. 

1162.  Power  and  duty  of  tmstoes. 

1163.  Pupils— who  entitled.  &c. 


1169.  Visitors — appointment  and  duty. 

1170.  Powers  of — must  report. 

1171.  A'acancies — how  filled. 


1164.  How  appointed.  '   1172.  Stati.stics — how  obtained. 

1165.  Xumber — how  regulated.  |   117;!.  Li.st  of  indigent — bj- whom  kept. 

1166.  Pay  i)uiiils — how  received.  1174.  Former  acts  continued  in  force. 

1167.  Treasurer  must  give  bond. 

§1100.  All  institution  for  the  education  of  the  blind  is  located  Location 
at  Macon  under  the  control  of  seven  trustees  already  appointed.  emT^f  *^*** 

§1101.  They  are  a  body  corporate,  and   have  all  the  powers^""*'" 
and  duties  appertaining  to  similar  institutions  of  this  State  in  b,«iycorpo- 
tlieir  corporate  capacity  as  trustees  of  the  Academy  for  the  Blind. 

§  1102.  The  trustees  have  the  power —  Powersof 

1.  To  appoint  such  officers,  teachers  and  matrons  as  may  ije*™'***^^ 
necessary — to  prescribe  their  duties,  Hx  their  salaries,  and  to  re- 
move or  discontinue  them  at  pleasure. 

2.  To  prescribe  the  course  of  studies,  establish  the  rates  of  tu- 
ition, and  adjust  the  expenditures  of  the  institution. 

3.  To  adopt  such  rules  and  regulations,  not  in  conflict  with 
law,  as  the  interest  of  the  academy  may  require. 

§1103.  All  indigent  blind  persons,  residents  of  this  State,  be-whupupiu 
t ween  the  ages  of  seven  and  twenty-five  years,  shall  be  selected  anlj'i^^i'^v'se- 
by  the  trustees  from  the  different  counties  of  this  State,  received  '"'"'■ 
into  the  academy,  and  supported  and  educated  gratuitously  to 
the  extent  the  funds  will  permit. 

§  1104.  When  there  are  more  applicants  than  can  be  accom-  Applicants 
modated,  they  shall  be  apportioned  among  the  several  counties,  j^^nioned." 
according  to  representative  population.  Number  of 

§1165.  Unless  the  funds  will  otherwise  permit,  there  shall  P.'Jj:^^;^'^"- 
hereafter  be  but  one  indigent  pupil  from  the  counties  applying,  [and*  *"* 


PT.  1.— TIT.  lL>.— Edlcatiox. 


Chapter  3. — Academy  for  the  Blind. 


and  in  case  there  are  not  means  enough  to  receive  one  from  every 
connty  applying,  those  sliall  he  received  first  wlio  first  make  ap- 

g  plication.     A  beneficiary  shall  not  remain  at  the  charge  of  the 

institution  longer  than  four  years. 

Pay  pupils       81166.  All  others  than  the  indiii-ent  are  to  be  received  upon 

— now  re-  '^  ^  ■"- 

ceived.        sucli  tcmis  as  the  trustees  may  impose. 

Treasurer         ^1167.  Tlic  Treasurer  of  the  iioard  shall  give  1)ond  and  secu- 

must  give        .  ''     .         ,  ,,    i  ,  inn 

Loud.  I'lty  m  tlie  sum  oi  tliree  thousand  dollars. 

Trustees  ^1168.  The  trustccs  uiust  uialvC  auuual  rciiorts  to  the  Gover- 

must  report  ...  .  >  .   .  t 

to  Governor,  nor,  as  is  rccpiired  of  the  Board  of  Inspectors  of  the  Military  In- 
stitute, so  tar  as  applicalile  to  the  affairs  of  the  Academy  for  the 
Blind,  and  the  Governor  must  make  a  like  disposition  of  them. 

Board  of  §  1169.  The  Governor  shall  appoint  a  Board  of  ten  Visitors  for 

said  academy,  who  shall  meet  the  Board  of  Trustees  at  the  acad- 
emy annually,  at  such  time  as  the  latter  may  designate. 


Visitors. 


Powers  and       §1170.  The  powers  aud  dutics  of  Said  visitors  are  tlic  same  as 

duty  of  vis-  ox 

itors.  those  appointed  for  the  Military  Institute,  and  the  same  disposi- 

tion is  to  be  made  of  their  report. 
Vacancy  in       §1171.  The  trustccs  fill  vacaucics  in  their  own  body,  as  do  the 
Trustees—  trustecs  of  tlic  Georgia  Fniversity.     When  a  vacancy  occurs  and 
pi^Id!"'^      is  filled,  it  must  be  reported  to  the  (xovernor.     Their  ineligibility 

is  likewise  the  same  as  of  those  last  mentioned, 
statistics  of       §1172.  The  Tax  Beceiver  of  each  countvmust  keep  a  column 

blind — how  .  ,.      i        t  t      n    i  i 

obtained,  lor,  and  rcccive  the  numljers  oi  tlie  l)lind  between  the  ages  oi 
seven  and  twenty-five ;  a  statement  of  which  shall  be  obtained 
annually,  by  said  Board  of  Trustees,  from  the  Comptroller  Gen- 
eral's office.  Before  the  digest  is  sent  by  the  Tax  Beceiver  to  the 
Comptroller,  the  Ordinary  of  each  county  shall  examine  with 
such  Receiver,  his  list  of  the  blind,  and  correct  by  memoranda 
thereto  attached  any  mistake. 

List  of  indi-  §  1173.  The  Ordinary  shall  also  take  down  the  names  of  such 
as  are  indigent,  and  procure  their  admission  into  the  Asylum,  if 
possible,  and  if  from  any  cause  they  are  not  received,  he  shall  re- 
port to  the  Board  of  Trustees  the  names,  ages  and  sex  of  such, 
w^ho  sliall  keep  a  record  of  all  such  rei)orts. 

§117'±.  Section  1135  (as  to  laws  kept  in  force,)  applies  to  the 
Asylum  for  the  Blind. 


PT.   I.-TIT.    l-.-Kl.i:(  ATIOX. 
f'liaptor  L — Academy  for  t)ic  Deaf  and  Dtinili 


225 


CirAPTETJ  lY. 

ACADKMV  L-OK  TIIK  I'KAK  AXK  IXMiJ. 

^t<-~iios.  8kcti().\. 
1 17.-..  I^CMted  at  Ciivo  Sprii.-  1]80.  Visitors  may  be  appointed. 

I17G.  Trustees— ]iow  ai.poiiite<l.  .U-.  IIM].  Contraets— Imw  made. 

1177.  The  Princii)al— how  appointed.  1  182.  \acancy— Jjow  filled. 

1178.  OlJior  officers— how  appointed,  Ac.  ll-<:!.  Chapter .':.ofthistitleapply—ulKMi. 

1 1 79.  E.veliisive  poAvi  r,  Ac.  of  Princ-ipal. 

§  1 175.  The  neadeniy  for  the  education  of  tliccleuf  and  dnnil)  is  .u-.-vd.u.yi«r 
h.cated  AX  Ciive  SpHn-,  and  is  under  the  nianao-onient  of  tlireclumr' 
t  rustees. 

§  UTC.   The  ti-u.-^tee.-  need   not  re.^ide  in  tlie  eountv  ^here  the  Uesidcnce of 
institution  is  located,  but  the  ]*nii(.ipal  shall  he  required   to  re- """""■'■ 
>ide  in  the  institution. 

j^  1 177.   The  Principal  of  said  Institution  is  elected  hv  said  Doard  Principal- 
.>f  Trustees.      He  is  res].oiisil,le  to  them,  and  his  acts  sulnect  to-"towho^ 
their  veto.  '  nsponstbic. 

§117S.  Said  J^-incipal  has  authoritv  to  nominate  all  his  suhor- s„i.ordin.ate 
dinate  otticers  and  employees,  subject  to  the  approval  of  the  Board.  SSons, 
He  shall  make  all  reo-ulations  of  internal  police;  shall  authorize*'" 
all  ])nrchases  of  ordinary  supplies,  and  examine  and  certify  to  the 
'•orrectjiess  of  bills  of  such  supplies  before  paid  by  the  Treasurer. 

§  1171'.  I  le  shall  be  the  sole  medium  of  communication  betM-een  Exclusive 
the  Board  an<l  the  subordinate  officers  and  employees  of  the  in-EsT' 
stitution,  and  shall  have  the  exclusive  direction  and  contr..l  of  the  "'"■'"''''"'■ 
system  of  reliijious  and  intellectnal  instruction. 

§  1  kso.  The  Governor  may,  in  his  discretion,  appoint  a  Hoard  of  I'.oardor 
Visitors,  to  consist  of  such  a  number  as  he  thinks  best,  and  when  ^ ' "" 
appointed,  their  ri_o-hts  and  duties  are  the  same  as  those  of  the 
\i8itors  of  the  Academy  of  the  Blind. 

§  118J.  Xo  contract  of  said  Board  of  Trustees  shall  be  valid  un- ^„„.,,,._ 
less  It  is  first  recorded  by  the  Secretary  in  a  book  kept  for  thatSr"^' 
purpose,  ^i,<,^le<l  by  tlie  President  and  countersi^ijned  bv  said  Sec- 
retary. 

§  1182.  AVhen  a  \  acancy  occurs  in  said  Board,  the  Secretarv  or  v.-.-nuv  m 
any  member,  shall  notify  the  Goveruor  Mdthin  twentv  davs,  and  n-rt'oeil 
the  vacancy  must  be  tilled  within  thirty  days  from  said  notice.     '""^' ""'"''• 

§1183.  All  the  provisions  of  the  precedino;  chapter,  not  in  eon- i-rovision.s 
Hict  with  the  preceding  sections  of  tliis  chapter,  apply  to  the  Acad-  "hl^u;'?.;: 
emy  for  the  ])eaf  and  I)nn,b_to  its  Board  of  Trustees  and  Visi- """""'• 
U 


Visitors. 


"  Oonlracts — 


226  Jr-T.  1.— TIT.  12.— Education. 


Chapter  4. — Academy  for  the  Deaf  and  Dumb. 


tors — its  officers,  and  other  officers  of  the  State  or  county  upon 
whom  any  duty  is  enjoined  ;  the  words  deaf  and  dumb  being  sub- 
stituted wherever  the  words  "  the  blind,"  occur. 


CHAPTEK  V. 

COUNTY  ACADEMIES. 

Skctiox.  ■  Section'. 

1184.  Trustees  of  County  Academy.  I    1187.  School — how  incorporated. 

1185.  Vacancies — ^how  filled.  1188.  Liability  of  holder  of  funds. 

1186.  Authority  of  Trustees.  I 

Trustees  of  §1184.  Whcu  it  is  uot  Otherwise  provided  for,  the  Justices  of 
d^^es- '"^'  the  Inferior  Court  of  the  several  counties  have  the  power  to  ap- 
po^ttd".       point  trustees  for  any  county  Academy,  whether  incorporated  or 

not,  and  to  any  number  they  may  deem  expedient. 
Vacancies-      §  1185.  Whcu  vacaucics  occur,  and  provision  is  not  made  as 
to  the  manner  in  which  said  A^acancies  are  to  be  jfilled,  such  Jus- 
tices have  power  to  fill  the  same  in  their  respective  counties. 

Authority  of  §1186.  The  authority  of  said  Trustees,  unless  specially  re- 
trustees.  .,.  T  ,.  1  ,-.1-  1>  li*  .^ 

stricted,  is  to  elect  their  teachers,  nx  their  salaries  and  terms  oi 
office,  prescribe  the  course  of  studies,  manage  the  finances,  adopt 
all  such  rules  and  regulations  for  the  government  of  their  re- 
spective institutions,  as  they  may  think  prudent,  if  not  in  conflict 
with  the  laws. 
Schools—         §  1187.  x\ny  body  of  citizens,  not  less  than  three,  nor  more 
porated.°^     tliaii  thirteen,  may  by  application  in  \vriting  to  the  Justices  of 
the  Inferior  Court  of  their  respective  counties  in  term  time,  ob- 
tain the  power  to  act  as  a  corporate  body  in  the  conduct  of  any 
Academy,  Institute  or  School  l\y  having  all  the  powers  of  the 
same  distinctly  set  forth,  recorded  under  order  of  the  Court  and 
published  three  times  in  any  public  gazette  within  this  State. 
Liability  of      8  1188.  Anv  person  holdino;  Academy  funds  and  failing  to  pay 

holders  of  ^  -,1  T    1  1  .  n 

Academy  ovcr  wlicn  bouud,  are  liable  to  twenty  per  cent,  interest  irom 
time  of  demand,  and  to  be  proceeded  against  by  the  Justices  ot 
the  Inferior  Court  as  against  holders  of  county  funds. 


PT.  1.— TIT.  12.— CHAP.  6.— Education.  397 


Article  1. — Educational  Fund  of  the  State — how  made  up. 


CHAPTEE  VI. 

COMMON  SCHOOLS  AND  EDUCATION  OF  TUK  POOR. 

Article  1.  Educational  Fund  of  the  State — how  made  up. 
Article  2.  Educational  Fund — how  paid  out  by  the  State. 
Article  3.  Educational  Fund  of  the  counties — how  made  up. 
Article  4.  Educational  Fund  of  counties — by  whom  manaajed. 
AKn<  i.E  5.  Tlie  Beneficiaries  of  the  Educational  Fund. 


ARTICLE  I. 

TTIE  EDUCATIONAL  FUND  OF  THE  STATE— HOW  MADE  UP. 

Section'.  Section'. 

1189.  From  dividends  on  r>ank  Stock.  1102.  From  donations. 

1190.  Proceeds  of  W.  &■  A.  R.  R.  119;j.  Such  donations — how  managed. 

1191.  Bahmccs  in  tlie  Treasury.  1194.  P^amings  of  W.  .t  A.  R.  R..  &c. 

§  1189.  The  Educational  Fund  of  tlie  State  is  made  uj) —         Educationiii 
1.  Of  the  dividends  upon  the  capital  stock  of  the  State  in  the  dhwend^on 

Bank  of  the  State  of  Georo-ia,  the  Bank  of  Augusta,  and  the "°'''" 

•Georgia  Ivailroad  and  Banking  Company. 

^1190.  From    the   net  earnings,  of  the  Western  c^-  Atlantic  From  the 

Railroad,  to  be  nuinaged  and  disposed  of  as  follows:  otw  «fcA. 

1.  One  hundred  tliousand  dollars  of  said  net  earnings  stand 
iinnually  appropriated  for  such  puq^ose,  and  all  to  remain  with 
the  State  Treasurer  until  the  Governor  draws  his  warrant  for  the 
same,  oi*  any  part  thereof. 

2.  In  addition  to  said  sum  of  money  the  whole  of  the  net 
earning  of  said  road  is  set  apart  as  an  Educational  Fund  to  take 
effect  in  the  following  manner : 

As  any  ]wrtion  of  the  present  public  debt  is  paid  under  the 
existing  law  from  said  earnings,  the  Treasurer  shall  issue  script 
■or  Education  Bonds  certifying  the  amount,  and  that  it  is  entitled 
to  draw  interest  thereon  from  tlie  treasury  at  the  rate  of  six  per 
cent,  per  annum. 

3.  For  any  balance  of  said  one  liundrcd  thousand  dollars,  that 
may  not  be  drawn  from  the  treasury  at  the  close  of  each  educa- 
tional year,  the  Treasurer  shall  issue  a  like  certificate  for  said 
amount. 

4.  Said  script  shall  be  in  favor  of  the  Secretary  of  State,  as 
trustee  of  the  Educational  Fund,  which  together  with  the  script 


228 


FT.  1.— TIT.  1L>.— CILVr.  ('..—Education. 
Article  1. — pAliicalional  Fund  of  tlie  State — how  made  up. 


for  Bank  Btock  pliall  remain  on  deposit  in  the  treasury  to  the- 
credit  of  the  Educational  Ennd.  Tlie  Treasurer  sliall  issue  to- 
said  Secretary,  from  time  to  time,  certificates  of  said  deposits. 

.").  \i\\  amount  of  money  tliat  may  at  the  time  this  Code  goes 
into  etfect  he  loaned  out,  or  on  deposit  under  the  act  of  Decem- 
her  llth.  I85S,  shall  he  returned  to  tlie  treasury,  and  appro- 
])riated  tt»  takinii;  up  that  amount  of  the  ]ml)lic  deht  under  the- 
]»royisions  of  this  section. 

('..  The  Educational  Euud  thus  raised  shall  he  sulrject  to  ap- 
propriation l»y  the  General  Assemhly  to  any  educational  pur])ose 
in  this  State. 

i^ll91.   Erom  any  halance  that  may  l)e  in  the  State  Treasury 


iiiilancos    ill 


Donations. 


Donations 
for  Educa- 
tion— how 
nianBjed. 


easry.  ^^^  the  time  of  distrilniting  the  Educational  Eund,  oyer  and  ahoye 
the  expenses,  ordinary  and  extraordinary,  of  the  State  Goyern- 
ment  for  the  then  political  year.  If  said  balance  is  not  drawn 
(Hit,  scrip  lor  it  is  to  he  issued  and  used  as  set  forth  in  ]>receding 
jiaragraph. 

§1192.  Erom  any  money  donated  hy  will,  deed  or  ntherwise' 
for  such  purpose. 

§1198.  In  the  case  named  in  the  preceding  section,  it  is  the 
duty  of  the  Goyernor — 

1.  T'pon  a  tender  of  the  suni  so  given  or  he(pieathed  in  cash, 
to  haye  the  same  deposited  in  the  State  Treasury,  and  the  State- 
shall  thereby  become  pledged  for  the  payment  of  said  sum  ac- 
cording to  the  terms  of  the  donation,  and  if  thereby  the  interest 
alone  is  to  be  used,  said  intei'cst  shall  l)e  paid  at  the  rate  of  six 
per  cent,  per  annum. 

2.  To  issue  scrip,  or  educational  l)Oiids  therefor,  to  the  person 
named  as  trustee,  and  if  none  is  named,  then  to  the  State's  trus- 
tee of  the  Educational  Fund. 

o.  The  interest  to  be  payable  in  the  same  nuumer,   and  the 
fund  to  1)6  managed  as  said  Educational  Fund,  unless  a  different 
mode  is  prescribed  by  the  donor,  then  according  to  said  mode,  if 
possible  to  be  done.     In  no  case,  under  the  above  provision,  shall 
the  State  be  liable  to  refund   the  principal  thus  ])aid   into  the 
Treasury. 
i:aininj;9  of     §119-1:.  The  appropriations  of  the  net  earnings  <»f  the  State- 
may  V"(ii--Koad,  iiud  of  tlic  balanccs  in  the  Treasury,  may  be  discontinued 
vertod.        y^^_^  ^^^^  State,  in  M-hole  or  in  part,  by  act  f>f  tlu^,  (icneral  Assem- 
bly. 


FT.  1.— TIT.  U>.— CHAP.  «.— Ei»l-catk>x.  ^ 

Article  2. — Educational  Fund — how  y)aid  out  by  the  State. 


ARTICLE  II. 

THK  Klir(".\TI(>XAr,  FrXD— now  I'AIli  orr  v.v  thk  st.mk. 

■  -Section.  SiocTrox. 

J 105.  A  list  nf  c'liildrci).  Ao.  1  l!is.  (V>ii„ty  ndliiiir  to  make  rolurns. 

119«.  Funds— how  apiM-opriaUMl.  l  lort.  Penalty  for  falw  return. 

1107.  "Warnuit  for  School  Fund. 

§U{»:..   Tilt' Ordinary  of  eacli   coimtv   sliall    anmiallv,    hv  thent.r,-.^ 
tlnrd  Monday  m  ^uvember.  report  to  the  (Tovernor,  under  lii^Siir^Jir 
hand  and  geal,  tlie  wliole  nunihei-  f»t' chihhvn  in  liis  county,  asas- 

■  certained  from  tlie  Tax  lieceiver's  digest,  liis  own  knoAvledire  and 
tlie  knowledge  of  tlie  Grand  Jury,  as  herehiafter  set  forth.' 

§11M(;.  As  soon  as  that  is  done,  the  Governor  shall,  on  that  Kanci.-,-iK.w 
•day.  make  an  e.stimate  of  the  amount  of  the  Educational  Fund  in '''^"'""'"' 
the  Treasury,  and  of  the  number  of  children  in  each  county,  and 
niake  :ij>ro  rata  division  of  tlie  same  anumg  the  difterent   coun- 
ties, according  to  the  number  reported  from  each. 

^1197.  For  the  amount  each  county  is  entitled  to,  he  shall  Warrant  for 
draw  his  warrant  on  the  Treasury  in  favor  of  the  several  Ordi -'""*""*'""' 
naries  for  theii-  respective  amounts.  The  Treasurer  shall  pav 
the  same  to  each  Ordinary,  or  his  order,  taking  a  receii.t  for  the 
same.  If  tlie  Ordinary  is  )u>t  Treasurer  of  the  Board  of  Educa- 
tion, the  warrant  must  be  in  favor  of  said  Treasurer,  and  the  Or- 
dinary, in  his  report,  must  certifv  who  is  such  Treasurer. 

§1U<S.  If  any  county  neglects  to  present  a  proper  return  Jto  Fund  lo^tbr 
the  GovcDinr  by  the  time  prescribed,  it  loses  its  share  in  theS'rer„rn. 
fund. 

§111U'.   If  any  Ordinary  certifies  to  the   Governor  a  greater ''enaityfor- 
uumber  of  children  than  he  is  authorized  to,  he  is  guilty  k  mal- 1™°""" 
practice  in  office,  aiul  may  l)e  indicted,  and,  if  found  guiltv,  nuiv 
be  fined  and  imprisojied  in  the  discretion  of  the  court. 


oxccssivc  re- 


ARTICLE  III. 

TKr   K.nrCATK.XAl,  FUXH  OF  TIIK  COrNTIKS— ifOW  MADK    Vl\ 

•Sectio.v.  jSectfox. 

1200.  School  Fund  of  tin-  county.  i   120^{.  Wants  of  county  to  be  re-ardod. 

1201.  Tax  for  education— how  levied.  !    1204.  School  Fund— to  whom  paid 

1202.  When  Grand  Jurv  fail.  .tc. 


230  PT.  1.— TIT.  12.— CHAP.  0.— Education. 


Article  3. — Educational  Fund  of  the  Counties — how  made  up. 


School  Fund      §  1200.  The  Educational  Fund  of  the  respective  counties  of  this 

of  connties —  r,  •  ^ 

how  made       btatC  IS  lUadC  Up  01 

1.  The  share  of  tlie  State  Fund  Avliich  mav  he  distrihuted  to- 


np 


each. 

2.  The  amount  raised  by  taxation  for  such  purpose. 
.'3.  The  money  arising  from  the  sale  of  any  escheated  property.. 
4.  The  money  arising  from  fines  and  forfeitures  over  and  above- 
the  charges  upon  it,   and  from  the  result  of  qui  tarn,  actions, 
where  the  whole  or  one-half  goes  to  the  State  or  county,  and  is,. 
.     by  special  enactment,  directed  to  be  ])aid  to  the  Educational 
Fund. 
Tax  for  Ed-      §  1201.  Tlic  Justiccs  of  the  Inferior  Court  of  the  several  coun- 
?e%ed.         ties  have  authority,  upon  the  recommendation  of  the  Grand 
Jury,  to  levy  a  tax  upon  the  State  tax,  for  educational  purposes^ 
of  such  per  cent,  as  said  Jury  may  recommend. 
Tax— how         §  1202.  If  the  Grand  Jury,  at  the  time  they  must  recommend 
Grand  ju^  tlie  general  county  tax,  fail  to  take  any  action  in  reference  to- 
fc^men'ir    sucli  tax,  or  if  difi'erent  Grand  Juries  of  the  same  term,  differ- 
ently recommend,  said  Justices  may,  in  their  discretion,  levy 
a  tax  for  such  purpose,  not  to  exceed  twenty-five  per  cent,  upon 
the  State  tax.     If  such  Grand  Juries  recommend  a  difterent  per 
cent.,  said  Justices  may  levy  the  medium  between  the  tw*_)  ex- 
tremes. 
Want*  of         §1203.  When  the  levy  of  said  tax  is  entirely  in  the  discretion 
I^edin^ie-of  said  Justiccs,  they  shall  consult  the  other  members  of  the 
▼ying    X.    ]gQg^j,j  (-^|.'  Efi^K^-ation,  to  ascertain  the  wants  of  the  county  before 

doing  so. 
School  Fund      §  1204.  All  moueys  from  all  said  sources  are  to  be  paid,  when 
i^id.^"'"      collected  by  the  proper  officers,  to  the  Ordinary,  if  Treasurer  of 
the  Scliool  Fund  of  the  county  :  if  not,  to  said  Treasurer. 


AETICLE  IV. 

now  THK  EDUCATIONAL  FUND  OF  EACH  COUNTY   IS  MANAGED. 

Sectiox.  '<  Section. 

1205.  For  each  county.  Ac.  1212.  Com.  schools   may  be  established. 

120C.  Board  of  Education — their  duty.  1213.  Board  failing  to  devise  a  plan. 

1207.  Course  of  study  pre.scribed.  1214.  Ordinary  must  give  bond  as  Treas. 

1208.  Teachers  must  be  examined.  ;   1215.  Additional  bond  may  be  re<iuired. 

1209.  How  paid.  !    1216.  Treasurer  ftiiling  to  pay,  &c. 

1210.  Previous  accounts  may  be  paid.  |   1217.  Secretary  of  Board — who  shall  l>e.. 
J  2 1 1 .  Teachers'  necovmts, — how  made  out.  i    1218.  Ordinary  must  I'oport  to  Governor. 


PT.  1.— TIT.  12.— CHAP.  6.— Education.  231 


Article  4. — The  Educational  Fund  of  the  Counties — by  wJiom  managed. 

§1205.  The  Educational  Fund  of  each  county  is  under  the  Board  of  Ed- 
inanagement  of  a  Board  of  Education,  Avhich  board  is  to  consist  wo^n- 
(»f  the  Justices  of  the  Inferior  Court,  the  Ordinary  and  some'"'" 
other  qualified  citizen,  to  be  selected  by  the  Judge  of  the  Supe- 
rior Court,  presiding  in  said  county.     The  person   so  selected 
liolds  the  position  for  the  term  of  four  years,  unless  a  vacancy  oc- 
curs from  any  cause.     The  appointment  and  the  tilling  of  any 
vacancy  by  the  said  Judge,  shall  be  entered  on  the  minutes  of 
the  Superior  Court.     The  person  appointed   to  till   a  vacancy 
shall  hold  for  a  full  term, 

§1206.  It  is  the  duty  of  said  board —  Duty  of 

1.  To  disburse  the  School  Fund,  for  their  respective  counties,  Ed^TcaooD. 
in  the  manner  that  in  their  judgment  will  best  promote  the  cause 

<.»f  general  education  under  the  law. 

2.  To  act  by  themselves,  or  a  committee  as  a  Board  of  Exam- 
iners, and  examine  all  teachers,  who  participate  in  the  School 
Funds,  upon  the  elementary  branches,  and  also  upon  P]nglish 
grammar  and  geography,  if  the  teacher  applying  shall  desire, 
and  to  give  said  teachers  the  proper  certificates  of  their  qualifi- 
cation. 

o.  To  })ublish,  annually,  the  school  system  they  may  adopt, 
including  the  rates  of  tuition,  in  the  public  gazette,  Avhere  their 
respective  Sherifts  publish  their  sales,  together  with  their  recei])ts 
from  ditferent  sources,  and  the  items  of  expenditure. 

4.  To  meet  once  a  month  at  the  court-house,  on  the  day  the 
(^ourt  of  Ordinary  is  held,  and  as  often  as  may  be  necessary 
when  called  by  either  member  of  the  l)oard. 

§1207.  By  the  term  elementary  branches  is  meant  spellin<>;,  wiiat 

- .  ".    .  ,  .   ,  '  i""    branches 

reading,  writing  and  arithmetic,  but  children  entitled  to  the  beneficiary 
benefit  of  the  School  l^'und  may  study  English  grammar  and  ge- 
ography, or  any  other  study,  provided  the  tuition  does  not  then, 
nor  in  any  other  contingency,  exceed  the  rates  of  sixteen  dollars 
per  annum.  Fiider  said  i^ermission,  such  children,  who  may  be 
well  educated  in  said  branches  mentioned,  may,  by  special  per- 
mission of  the  board,  study  exclusively  at  the  same  rates  of  tui- 
tion higher  branches  of  utility,  with  any  teacher  competent  to  in- 
struct them. 

§1208.  A   teacher  claiming  jtay  out  of  the  scliool  fund  shall  Cerufirate 
not  be  entitled  thereto  for  any  teaching  done  prior  to  his  exami- 
nation before  the  Board  of  Education.     When  a  majority  of  the 
board  know  of  the  comitetencv  oi'  a  teacher,  thev  mav  i^ive  him 


232  PT.  1.— TIT.  12.— CHAP,  i;.— Education. 


Article  4. — The  Educational  Fund  of  the  Couuties — by  whom  managed. 


the  certificate  without  exaniiniition.     Teachers  shall  be  examined 
or  receive  the  certificate  wlienever  they  apply. 
Teachers—       JiJ  1209.  Tcachers  must  be  paid  (luarterlv  bv  tlie   Treasurer, 

■how  paid.  i  i      .  j.  i  ■         . 

Avlien  their  accounts  are  passed  by  the  l>oard,  provided  tliere  are 
funds;  if  iusufficient  funds,  then  all  of  equal  diii'nity  are  to  be 
paid  j>/v>  i'(if((.     If,  at  the  close  of  tlio  year,  the  scliool  fund  is  not 
sufiicient  to  pay  all  the  teacliers'  accounts,  duly  passed,  said  ac- 
counts must   be  first  paid,  out  of  the  funds  raised  for  the  next 
year.     The  rates  of  tuition  slioidd  l>e  so  fixed  by  the    Board  of 
Education  as  to  give  all  tlie  cliildrcn  the  benefit  of  the  fund  an- 
nually, who  have  the  right  of  particii>ation.     Teachers  who  do 
not  have  theii-  accounts  passed  on  by  tlie  first  of  January,  annu- 
ally, are  postponed  in  their  payment  until  tlie  next  year,  unless 
there  is  a  surplus  fund.     All  teacliers  accounts  for  the  year,  and 
passed  in  the  year,  are  of  etpuil  dignity,  without  regard  to  the 
time  wlien  the  teaching  was  done. 
Acfounts lor      §1210,  Whenever  the  state  of  the  funds  M-ill  warrant  it,  per- 
years  may    SOUS  wlio  liave,  in  good  faith,  taught  poor  children,  prior  to  twen- 
when.         ty-first  December,  1859,  and  have  not  been  paid,  shall  haVe  their 
accounts  i)assed  by  the  Board  of  Education,  and  shall  rank  as  of 
the  year  Avhen  so  passed,  but  in  no  other  case  shall  a  teacher  be 
paid,    who   has  not  the  })ro})er  certificate.     T^'o-thirds  of  the 
I>oard  of  Education  may,  however,  order  an  account  j)aid  when 
the  neglect  to  return  is  satisfactorily  explained.     The  Legislature 
shall  not  interfere  in  such  cases.     Children  ^\'ho  reside  in  one 
bepaidi)y    couuty,  aiid  go  to  scliool  iu  another  are  to  l)e  paid  for  out  of  the 
whSh^cWid  fund  of  the  county  of  their  residence;  J*rom(led,  the  teacher 
claiming  tlie  pay  has  a  certificate  from  the  Board  of  Education 
of  the  county  Avhere  he  teaches. 
Teachers  ac-      5^1211.  All   teacliei's'   accouuts  sliall  state  the  number  of  dav> 

counts— how  1       1  .1  1  11  T  111  /•      "• 

made  out.     eacli  child  was  taught,  the  studies  pursued,  and  the  rate  oi  tui- 
tion claimed,  whicli  shall  be  sworn  to. 
Common  ^  1212.  Wlicii  tlic  Educatioual  Fund  of  a  county,  and  the  state 

be  establish- of  the  population,  will  warrant  it,  the  Board  of  Education  of 
eacli  county  have  authority  to  establish  a  common  school,  or 
schools,  to  name  and  limit  the  number  of  scholars,  and  fix  the 
salary  of  teachers ;  Provifled^  all  the  chikb'en  of  the  county  en- 
titled to  share  the  Educational  Fund  are  provided  for,  or  there 
are  means  reserved  for  that  ])urpose. 

§1213.  If  the    Board  of  Education  fail  \o  devi.-;e  any  plan  of 


PT.  1.— TIT.  12.— CHAP.  (;.— Eduoatiox.  233 


Article  4. — Tlie  Educational  Fund  of  the  Counties — by  whom  managed. 

-education,  the  laws  of  force  prior  to  December  13tli.   1859.  are  what  iaw» 

ffovern  in 

contmuecl  in  f»>rco.  absent  of 

plan. 

>J  121-1.   If  tlie   Ordinary   of  each   conntv  ssliall  tail  to  ijivc  rhe  ordinary 
l)ond  required  of  bini  as  Treasurer  of  tlie  Board  of  Education,  bond  as 
said  board  has  power  to  select  sonic  other  responsible  ]>erson  to  Treasurer. 
act  as  sucli.  who  shall  give  the  requisite  bond  and  security. 

S  1215.  The  board  niav  require  of  the  Treasurer  of  the  School  Arumionai 

_    _  ■  ^  _  _  bond  may  ba 

Fund  an   additional  bond,  on  the  terms  required  bv  the  Justices reiuired. 
•of  the  Inferior  Courts  of  otlicr  officers. 

§1216.  If  sucli  Treasurer  !»hall   fail  tu    pay    out    any    School  I'roeeeding 
Fund.  a>  reciuired  bv  law,  on  knowledire  of  such  failure  comino" Treasurer 

11  11  I      11    •  1  •    •  •  1   •  •    '     '  lor  failure  to 

to  tiie  Ixtard  tlicy  shall  issue  a  rule  /i/s/  a^xamst  liini,  requiring  pay- 
him  to  sip}>ear  before  them  within  ten  days,  to  show  cause  for 
such  failure,  and  upon  failing  t(»  s1k»w  good  cause,  the  board  shall 
order  the  Clerk  of  the  Inferior  Court  to  issue  execution  against 
him  and  his  sureties;  said  execution  shall  be  directed  to  all  and 
singular  the  Sheriffs  of  the  State,  and  shall  have  the  form  and 
effect  of  a  ta.x,^'. /(/.  issued  by  the  Justices  of  the  Inferior  Court, 
and  said  ^p.  fa.  shall  claim  twenty  ]>er  cent,  per  annum  interest 
from  time  of  default. 

j^l217.  The  Clerk  of  the  Inferior  Court  shall  be  Secretary  of  secretary  of 
the  Board  of  Education,  in  the  absence  of  the  ( )rdinarv  or  his  Kdueati'>n 
•  clerk,  or  when  either  is  interested. 

§121N.   The  Ordinarv  shall  furnish  the  Govenior  unv  informa- ordinary 

1  1       •  "^1  •  1  1  -1  •  •         i  must  report. 

tion  iie  may  desire,  touching  the  plan  ot  education  m  the  county,  tooovemoi-. 
and  the  number  of  children  pursuing  different  studies,  and  shall 
anniudly.  at  the  close  of  the  educational  year,  report  to  the  Gov- 
ernor what  balance,  if  any,  there  is  of  the  Educational  Fund, 
and  what  amount  was  raised  by  the  cvMuity  from  other  sources 
than  the  State. 


ARTICLE  Y. 

TllK  HKXKKK'I.VIUKS  OF  THE  EDUCATIOXAL  FUXn. 

.Section.  Sectiox. 

1219.  Persons  entitled  to  School  Fund.        12'21.  List  \\va\  Ih>  corrected. 

1220.  TTow  ascertaiiu'il  and  l)v  whom. 


§  1210.  All  children  between  the  ages  of  six  tmd  eighteen  years,  iimV"*^' 
within  their  resi)ective  counties,   are  entitled  to  the  benetits  of  ^"^  ^ 
said  fund,  under  the  system  that  may  be  adopted  by  the  respec- 


234  PT.  1.— TIT.  12.— CHAP.  0.— EnrcATioK. 


Article  5. — The  Beneficiaries  of  the  Educational  Fund. 

tive  Boards  of  Education,  but  cliildren  of  parents  who  are  una- 
ble to  educate  tbeni,  children  discarded  by  their  parents,  and  in- 
digent orphan  children,  must  iirst  be  provided  for. 
Poorchii-         ^1220.  Such   last   mentioned  cliildren  must  l>e  ascertained  as 

dren — ^how      ,  ,, 
ascertsinod.  lollows — 

1.  The  Receiver  of  tax  returns  of  each  county  shall  require  of 
each  tax  payer,  when  giving  his  tax  returns,  to  state,  under  oath, 
the  number  of  his  children  and  children  under  his  care,  between 
tlie  ages  of  six  and  eighteen  years. 

2.  As  soon  as  the  digest  is  compiled,  the  Ordinary  shall  select 
from  the  whole  number  the  names  of  those  who,  from  the  pov- 
erty of  their  j^arents,  or  otherwise,  have  not  the  means  of  being 
educated,  and  shall  add  thereto  such  as  are  in  the  same  condition 
within  his  knowledge,  who  have  not  been  returned. 

3.  The  list  returned  by  the  Tax  Eeceivei-,  together  with  the 
(Jrdinary's  selection  therefrom,  shall  be  reported  to  any  panel  of 
Grand  .furors  at  the  first  Court  held  thereafter,  and  said  Grand 
Jury  shall  examine  said  list,  and  ratify  the  Ordinary's  selection 
in  whole,  or  correct  it  according  to  their. best  judgment,  and  may 
also  add  to  the  lists  such  as  they  knoAv  have  not  l)een  returned 
to  them. 

■i.  If  the  Grand  Jury  at  said  Term  fail  to  take  definite  action, 
the  list  of  the  Ordinary  shall  stand. 

5.  When  the  list  is  finally  made  up,  it  shall  be  returned  to  the 
Board  of  Education,  and  be  entered  in  the  proper  book  1)}'  the 
Ordinary. 

6.  Any  person  may,  from  time  to  time^  report  to  said  board 
the  names  of  any  poor  children,  not  already  reported,  which,  by 
(:»rder  thereof,  shall  be  added  to  the  list. 

ijst  may  be      §  1221.  If  the  boarcl  is  satisfied  by  proof  that  any  children  are 
forreeted.     ^^^^  ^j^^  jj^^  ^^1^^  ^^.^  ^^^^  entitled  to  be  there,  they  have  power  to 

have  them  erased  at  any  time,  and  to  inform  any  teacher,  or  other 
})erson  interested  in  their  action ;  Provided^  the  system  of  edu- 
cation they  may  have  adopted  renders  it  necessary. 


PT.  1. — TIT.  13. — Elections  by  the  People.  23& 


Chapter  1. — Qualification  of  Voters. 


TITLE  XIII. 

ELECTIONS  BY  THE  PEOPLE. 


CHAPTER  I. 

QUALIFICATIOX  OF  VOTERS. 

Section'.  i  Section". 

1222.  Who  may  vote  for  Legislators.         i    1225.  Oath  of  voter  out  of  liis  county. 

1223.  Voters  for  other  ofiScers.  1   1226.  Additional  oath  may  be  required. 

1224.  When  one  may  vote  out  of  countj-.  i   1227.  Transferred  voters. 

§1222.  The  qualification  of  voters  for  members  of  the  Grener- Q"^iiflcation 
al  Assembly,  is  contained  in  the  following  oath,  M-hich  mnst  he  members  of 
taken  when  any  (|ualified  voter  of  the  State,  or  the  managers  of 
an  election,  require  it: — 

''  I  swear  that  I  have  attained  to  the  age  of  twenty-one  years,  Voters  o.-.th. 
that  I  am  a  citizen  of  the  Confederate  States,  and  liave  usually 
resided  in  this  county  for  the  last  six  months,  have  considered 
and  claimed  it  as  my  home,  and  have  paid  all  legal  taxes  which 
have  been  required  of  me,  and  which  I  have  had  an  opportunity 
of  paying,  according  to  law.     So  help  me  God." 

§1223.  Persons  qualified  to  vote  for  members  of  the  General  ^"rs^ifilr 
Assembly,  and  none  others,  are  qualified  to  vote  for  any  other  oTiicr  offi" 
ofticers,  civil  or  military,  unless  said  privilege  he  enlarged  or  re- 
stricted by  the  constitution,  ov  some  special  enactment. 

§1224.  Any  qualified  voter  for  members  of  the  General  As- J^^'J^^JJ^,'^^^'^- 
sembly  may  vote  for  any  candidate,  or  upon  any  question  which  ^.'^'^^^^^^^^J 
is  submitted  to  all  the  voters  of  the  State,  in  any  county  of  the  or^'m^trict"' 
State,  and  for  any  candidate  or  question  which  is  submitted  to 
all  the  voters  of  any  district  or  circuit,  in  any  county  of  the  cir- 
cuit, or  distri(;t,  in  which  is  embraced  the  county  of  the  voter's 
residence. 

§  1225.  A  voter,  coming  under  the  preceding  section,  may  be  u,"^'^r"(agt'^'" 
required  to  take  the  same  oath  as  voters  for  members  of  the  Gen-  ^'^*""""- 
eral  Assembly,  except,  that  instead  of  swearing  to  a  residence  in 
the  county  where  voting  for  the  last  six  months,  he  shall  swear 
in  lieu  thereof,  that  he  has  usually  resided  for  the  last  six  montlis 
in  the  State,  circuit  or  district  as  the  case  may  be.  suporin- 

§  1226.  The  superintendents  may  in  their  discretion,  or  if  de- nt"y^r"quirc 
manded  by  a  qualified  voter,  compel  a  person  offering  to  vote,  to  o"th denyinK 

T         .     1        \  •  I  '  having  voleS 

also  take  tins  oatli :  bifon'. 


336  PT.  1.— TIT.  13.— ELEonoxs  by  the  People. 

Chapter  I. — Qualification  of  Voters. 

•'  I  swear,  that  I  have  not  this  day  voted  at  any  election  lield 

at  any  place  in  this  State  tV>r  any  of  the  candidates,  nor  for  any 

other  person  for  any  of  the  offices  to  he  "filled.     So  help  me  God." 

voterstrans-      §1227.  When  any  countv,  or  portion  of  a  countv,  is  changed 

one  district,  from  oMc  conntv,  or  one  district,  or  one  circuit  to  anotlier,  the 

•■ounty  or  •-■  ■  ' 

.ircnitto      pcrsons  "wlio  Avould  liavc  heen  (inalified  to  vote  for  niemhers  of 

nnothcr  to      -t  1 

J?*^^^^^i''JJ.*"t]ie  General  Assemhly  in  the  county,  district  or  circuit,  from 
■\vliich  taken,  at  the  time  of  any  election,  shall  vote  in  the  county, 
district  or  circuit  to  which  they  are  removed,  and  if  required  to 
:^\vear,  the  oath  may  he  so  qualified  as  to  contain  this  fact.  Tliis 
provision  when   applicahle.   appertains  also  to  military  elections. 


CirAPTEE  II. 

KLHCTION  FOil  MKMUKRS  OF  Till']  (iKNERAL  ASSl'lMBLV. 

Section.  Section'. 

1128.  Holdei-Hi  of  elections  for  Leiiishitors.j  1235.  Penalty  against  Superintendents. 

1220.  Oath  of  Superintendents.  '  ]2,'56.  Grand  Jury  to  e.xamine  lists. 

1230.  Before  whom  taken.  12;'.7.  Election  blanks — how  furnished. 

1231.  Election  Precincts.  1238.  Misconduct  of  managers. 

1232.  Time  of  liolding  elections.  \  123!1.  Voters  exempt  from  civil  process. 

1233.  When  freeholders  may  superintend.  1240.  Vacancies  for  Legislature. 

1234.  Klection.s — how  conducted.  1241.  Special  elections — how  conducted. 

tiuperin-  ,§  1228,  The  persons  qualitied  to  hold  such  elections  are  Justi- 

eiections  for  ces  of  the  Inferior  Court,  Justices  of  the  Peace  and  Freeholders. 
theLegi'sia-  Tlicrc  uiust  he  three  superintendents,  and  one  must  either  he  a 
Justice  of  the  Inferior  Court,  or  a  Justice  of  the  Peace,  except 
in  a  certain  contingency  hereinafter  to  be  set  forth, 
supcrin-  §  1229,  Before  proceeding  with  the  election,  each  suj)erinteiul- 

take^oariu"  But  must  take  and  subscribe  the  following  oath  : 

''  All,  and  each  of  us  do  swear,  that  we  will  faithfully  superin- 
tend this  day's  election  ;  that  we  are  Justices  of  the  Inferior  Court, 
Justices  of  the  Peace,  or  Freeholders,  (as  the  (-ase  may  be,)  of 
this  county ;  that  we  will  make  a  just  and  true  return  thereof, 
and  not  knowingly  [)erinit  any  one  tt>  vote  unless  we  believe 
he  is  entitled  to  do  so  according  to  the  laws  of  this  State,  nor 
knowingly  prohibit  any  one  from  voting  who  is  so  entitled  by 
law,  and  will  not  divulge  for  whom  any  vote  was  cast,  unless  call- 
ed on  under  the  law  to  do  so.  So  help  me  God."  Said  affidavit 
shall  be  signed  by  the  superintendents  in  the  capacity,  each  acts 
in  full,  both  as  to  name  and  station,  and  not  bv  abbreviation. 


PT.  1. — TIT.  13. — Elections  by  the  People.  237 

Ohay)ter  2. — Elections  for  Monibere  of  the  General  Assembly. 

§  1230.  Said  oath  shall  be  taken  before  some  officer  qualified  to  <^ath  of  su- 
Hdminister  an  oatli  it  present,  and  it  none  such  are  on  tlie  spot. —i>if ore 

T  .  1  •  •       1       1  -1  •  M  horn  taken. 

and  aetino-  at  the  time  rei^uired,  tlien  said  superintendents  niav 
swear  each  other,  and  the  oath  shall  be  of  the  same  eti'ect  as  if 
taken  before  a  <|ualitied  officer. 

§1231.  Sucli  election  shall  be  held  at  the  coui-t  houses  of  the  nnro>  of 
respective  counties,  and  it  no  court  Jiousc,  at  some  })lace  Avithintion. 
the  limits  of  tlie  couiitv  site,  and  at  the  several  election  precincts  „ 

J-  iJiit  oui'  inv- 

thereof  (if  any)  establiaeed,  (»r  to  l)c  established.     Said  precincts ''?,<;■'> -'."y 

1  luilitia  <lis- 

must  not  exceed  one  in  each  militia  district.     Such  precincts  are *"*'*• 
established,  chano-ed  or  abolisjicd  bv  tlic  .lustices  of  the  Inferior '.^'"'^'■'"^''f'. 
Court  at  a  regular  Term  of  the  (\nirt  ;  descriptions  of  Avliicli  must  ^  s   ^ 

be  entered  on  their  minutes  at  the  time.  i     '^'    :    <^ 

§1282.  The  day  of  holding  the  same,  is  the  lirst  Wednesday  K.io.tioii.s  ^     -     ^- ^ 
in  October,  ISOl,  and  biennaily  thereafter,  and  the  time  of  daytha"dayr' 
for  keeping  open  the  elections  is  from  seven  o'clock,  A.  M.,  to  sixilo\""^t(ri!'>^ 
o'clock,  P.  M.,  at  the  court  house,  and  from  eiirht  o'clock,  A.  1\[.,^'^^'''  .    -^ 

to  five  o'clock,  P.  M.,  at  the  precincts.  V?* 

§1233.  If  l)y  ten  o'clock,  A.  M,.  on  the  day  of  tlie  election,  t,,,,,,.  jvet- 
there  is  no  i)roper  officer  present  to  hold  the  election,  or  there  is  s^eHntcn"? 
one,  and  he  refuses,  three  Freeholders  may  superintend  the  elec- '^^''■'"''""' 
tion,  and  shall  administer  the  oath  required  to  each  other,  which 
shall  be  of  the  same  eii'ect  as  if  taken  by  a  (pialified  officer. 

§1234.   All  superintendents  shall  have  such  electi(»ns  conduct- Manihi- ot 
ed  in  the  following  manner:  riln'tion""" 

1.  The  vote  shall  l»e  given  l)y  ballot.  V(.u- i.y  k-iI- 

2.  There  shall  l)e  kept  by  tlie  superintendents,  or   l>y  three jVto,>,.„t,.,.j. 
clerks  under  their  api)ointnient,  three  lists  of  the  names  of  voters,  "Jj^,.^',",;, ,,.. 
which  shall  be  numbered  in  the  order  of  their  voting,  and  also""'^"' 
three  tally  sheets. 

3.  As  each  ballot  is  received,  the  luimher  of  the  voter  on  the  v, „„,„,,  ^r 
list  shall  be  marked  on  his  ballot  before  being  de])osited    in   the'"'"' 

1)0X. 

4.  When   any   voter   is  challenged  and  sworn,   it  shall  be  so  votir  .hai- 
written  opposite  his  name  on  the  list,  and  also  on  liis  ballot.  '''"^'''"" 

o.  The  superintendents  may  begin  to  count  the  votes  at  any  v..t«s  m.t  t.. 

time  in  their  discretion,  but  thev  shall  not  do  so  until  the  polls.'amiidatr 

.  .  .  .  "  iiiiioctf. 

are  closed  if  a  candidate  in  jierson  or  by  written  authoi-itv  ob- 
jects. 

0,  When  the  v<»tes  are  all  counted  out,  there  must  be  a  certiti-oertin.ateui 
cate  signed  by  all  of  tlie  Miperintendents,  stating  the  number  of elltT'"" "''" 


238 


PT.  1.— TIT.  13.— Elections  by  the  People. 


Chapter  2. — Elections  for  Members  of  the  General  Assembly. 


Certificates, 
Ac,  to  be 
carried  to 
the  countj- 
site. 


"Who  are  to 
consolidate 
the  vote — 
their  duty. 


votes  each  person  voted  for  received,  and  each  list  of  voters,  and 
tally  sheet,  must  have  placed  thereon  the  signature  of  the  super- 
intendents. 

7.  The  superintendents  of  the  precincts  must  send  their  certiti- 
cates,  and  all  the  other  papers  of  the  election,  including  the  bal- 
lots, under  the  seal,  to  the  county  site  for  consolidation,  in  charge 
of  one  of  their  number,  which  must  be  delivered  there  by  twelve 
o'clock,  M.,  of  the  next  day.  Such  person  is  allowed  two  dol- 
lars to  be  paid  out  of  the  County  Treasury  for  such  service. 

S.  The  superintendents  to  consolidate  the  vote  of  the  county 
must  consist  of  all  those  who  officiated  at  the  county  site,  or  a 
majority  of  them,  at  least  one  from  each  precinct.  They  shall 
make  and  subscribe  two  certiiicates,  stating  the  whole  number  of 
votes  each  person  received  in  the  county ;  one  of  them,  together 
with  one  list  of  voters  and  one  tally  sheet  from  each  place  of 
holding  the  election,  shall  be  sealed  up,  and  without  delay  mail- 
ed to  the  Governor ;  the  other  with  like  accompaniments,  shall 
be  directed  to  the  Clerk  of  the  Superior  Court  of  the  county,  and 
by  him  deposited  in  his  office.  Each  of  said  returns  must  con- 
tain copies  of  the  original  oaths  taken  l)y  the  superintendents  at 
the  court  house  and  precincts. 

9.  The  ballots  shall  not  be  examined  by  the  superintendents  or 
the  bystanders,  but  shall  be  carelully  sealed  in  a  strong  envelope 
(the  superintendents  writing  their  names  across  the  seal,)  and  de- 
livered to  the  Clerk  of  the  Superior  Court,  by  whom  tliey  shall 
be  kept  unopened  and  unaltered  for  sixty  days,  if  the  next  Supe- 
rior Court  sits  in  that  time,  if  not,  until  after  said  term ;  after  which 
time  if  there  is  not  a  contest  begun  about  said  election,  the  said 
ballots  shall  be  destroyed  without  opening  or  examing  the  same,  or 
permitting  others  to  do  so.  And  if  the  Clerk  shall  violate,  or  per- 
mit others  to  violate  this  section,  he  and  the  person  violating, 
shall  be  subject  to  be  indicted,  and  fined  not  less  than  one  hun- 
dred, nor  more  than  five  hundred  dollars.  Such  clerks  shall  de- 
liver said  list  of  voters  to  their  respective  Grand  Juries  on  the 
-pe°n1ifty  for  first  day  of  the  next  term  of  the  Superior  Court,  and  on  failure 
^""°="        to  do  so,  are  liable  to  a  fine  of  not  less  than  one  hundred  dollars 

on  being  indicted  and  convicted  thereof 
Penait  §  1235.  If  Said  superintendents  do  not  deliver  said  lists  and  ac- 

iltlndeX'^'  companiments  to  said  clerks  within  three  days  from  the  day  of 
the  election,  they  are  liable  to  indictment,  and  on  conviction, 
shall  be  fined  not  less  than  fifty,  nor  more  than  five  hundred  dol- 


Ballots  not 
examined. 

To  be  deliv 
ered  to 
Clerk. 

How  kept 
liy  him. 


When  de- 
stroyed. 


Penalty  of 
violation. 


Clerk  to  de- 
liver lists  to 


fail. 


FT.  1. — TIT.  lo. — ELKcric»Ns  hy  the  People.  2^ 


Chapter  2. — Elections  for  Members  of  tlie  General  Assembly. 


iars.     Any  superintendent  of  an  election,  failing  to  discharge  any  ^vhere  su- 
■duty  required  of  hiin  by  law,  is  liable  to  a  like  proceediuir  and  ^'i"s°i^n  an7°' 
penalty. 

§1236.  The  Grand  Juries  shall  exaniine  said  lists,  and  if  any^^^^^^^^ 
voter  is  found  thereon,  who  was  not  entitled  to  vote,  they  shall  |?^^^*™'"* 
present  said  illegal  voter.     If  any  person  is  susjiected  of  voting  Foreman 
for  members  of  the  General  Assemby  who  was  not  entitled,  but  wVaUoT" 
was  entitled  to  vote  for  some  other  candidate  at  the  same  elec- 
tion.    The  Foreman  of  the  Grand  Jury  may  examine  tlie  ballot, 
iind  that  one  alone,  and  lay  it  before  tlie  Grand  -Tury  and  return  rrosontment 
it.     If  the  superintendents  fail  to  return  as  required,  the  lists  and  iinHntenT-' 
the  ballots,  they  must  be  presented. 

i^l28T.  The  Governor  shall  furnish  the  several  clerks  of  the  B,,,nk8  to  be 
Inferior  Court  all  blank  forms  necessary  for  said  elections,  Avhich  ["„'"* ^n or 'if. 
they  shall  furnish  the  Justices  of  the  Peace  of  their  counties  at  ^'''''''' 
least  ten  days  before  election  day,  and  on  failure  to  do  so,  shall 
be  liable  to  a  line  by  their  Courts  not  exceeding  one  hundred  dol-negi^7by 
lars.  "  ^'''•'•''• 

§  123S.  If  the  superintendents  or  officers  of  such  election  shall  Penalty  and 
make  a  fraudulent   return  thereof,  or  they,  or  either  of  them,  I^'^''su"per-''' 
while  so  officiating,  shall  influence,  or  attempt  to  influence  or  mak"'^fraud- 
persuade  any  voter  not  to  vote  as  he  designed,  or  shall  take  any  t,l^soria- 
imdue  means  to  obtain  a  vote,  they  shall  forfeit  for  the  offence  lo'icr  ^'^^ 
one  hundred  dollars,  to  be  recovered  by  information,  and  if  the 
person  l)e  a  Justice  he  forfeits  his  office  on  proceedings  for  re- 
moval. 

^1239.  No  civil  officer  shall  execute  aiiv  writ,  or  civil  process  ,-  .  ,. 

,  •'  1  '  \  oter  froi; 

npoii  the  bodv  ot  any  person  qualified  to  vote  at  such  elections  ^""V^  ""'?'* 

.  ,  '■  while  going 

while  jjjoing  to,  or  returning  from,  or  durino:  his  stav  there  on  i"- "^"™!,''" 
the  day,  under  a  penalty  of  five  hundred  dollars,  to  be  recovered  atTn'^elc'^'^ 
by  action.  A  reasonable  and  full  time  shall  be  allowed  for  the  Jv  "„  „*"«!; 
journey  to  and  from  the  polls.  for  arrest. 

§  1240.  Elections  to  fill  vacancies  for  members  of  the  General  ^^^.,^  . 
Assembly,  take  place  under  the  authority  of  a  writ  of  election  ^^^f  ^?^'^' 

\        ^  ,         T-  '  '  of  election  t« 

issued  by  the  Governor  to  the  Justices  of  the  Inferior  Court  of?"  '''<==»"<'3' 

^  v.-*    ^\ji^M.v  '-'•^  for  members 

the  county  where  the  vacancy  occurs,  who  must  order  and  pub-  turo"^*'"' 
lish  a  day  for  holding  the  same,  by  giving  at  least  twenty  days' 
notice. 

§124:1.  All  the  provisions  of  this  chapter  applv  equally  to 

"^  .  *^  11.1,  Elections  to 

elections  to  nil  such  vacancies  and  any  other  special  election        '"'  ''^'^^- 

•'  -T  cies,  ifca 


240      PT.  1.— TIT.  l;l— CHAP.  3.— Elkctions  by  the  People. 


Article  1. — Provisions  ai)plicable  to  all. 


CIIAPTEP.  ITT. 

KLKCTIOX  F()R  GOVKKXOIi.  MKMBKRS  OF  ("DXGRESS,  KLKCTORS  FOR 
PRESIDKNT  AND  YIGK  PRESIUKXT.  JITDGES  OP  TJIF  SUPERIOR. 
rOT'RTS  AX11  SOLiriTOR.S  CEXERAJ,. 

Aktk'i.k  1.  Provisions  applical)le  to  }i]l. 

Aktiole  2.  For  Goveriioi-. 

.Vkticlk  3.  For  members  of  Congress. 

Article  4.  Electors  for  President  and  Vice  President.    • 

Article  5.  Judges  of  Superior  Courts  and  Solicitors  GeJieral.. 


ATiTICLE  T. 

PROVISJOXS  APPLICABLE  TO  ALL. 
Skgtiox  1242.  Siieli  elections — liow  condiu-ted. 

Particulars       §  124:2.  The  clectiou  for  the  ofticers  heading  this  chapter  are. 
.lections  for  governed  by  the  same  rule  as  elections  for  members  of  the  Gen- 

Govemor,  -,     .  i  i       •         i        ,•  n         •  •       i 

members  of  era!  Assemblv  111  the  lollowmg  particulars: 

•  'ongress,  "  «-    a 

andforeiec-      1.  In  tlic  oatlis  to  bc  takcii  bv  the  voters. 

tors  for  Pre-  ' 

sidentand        2.  Ill  tlic  class  of  pcrsous  to  liold  the  elections  and  the  oath  to 

Vice  Presi-  '- 

■lent  are  gov- be  taken  by  them. 

erned  by  •' 

same  rules        3^  l^  the  places  aud  the  time  of  the  day  to  liold  them. 

1.S  elections  a  "^ 

for  members     4    i^  fhc  maiiiier  of  conductiuo;  and  returning  them  including 

oitneLegis-  no  o 

ihtnre.  g^]|  gpecial  elections,  and  in  the  <luty  of  the  Clerks  of  the  Supe- 
rior Courts  and  tiie  Grand  Juries. 

5.  In  the  several  ])enalties  attached  to  the  superintendent  or 
other  persons. 

(5.  In  the  furnishing  of  blanks  by  the  Governor. 

7.  In  all  other  respects  Avhere  a]tplicable,  and  there  is  not  a 
c-ontrary  jirovision  by  la^'. 


^^k         now 


APTTCLE  II. 

FOR  GOA'ERXOR. 

Seotiox.  Section. 

1243.  Governor's  eleelion.  itc.  |    1244.  Retiini  of  vole  I'or  Governor. 

(jo^emor  to      §1243.  Tlic  Govci'iior  is  clccted  biennially,  at  the  same  time 

be  elected  '-'  1111 

biemiiaiiy.    when  members  of  the  General  Assembly  are  regularly  elected, 
iTow^fiod.    and  a  vacancy  in  the  office  is  to  be  filled  as  required  by  the  con- 


^'' 


Article  2. — For  fjovemor. 


PT.   1.— TIT.   l;j.— CHAP,  o.— ELJiCTlONjs  BY  THK    1*K.»1-L>;.  Ml 

6titutioii  and  the  rearulations  of"  this  Code  elsewhere  in  conforui-  separate 

•-  package 

itv  thereto.  ''■^ti»  c«rtifi- 

•'  cate  of  vote 

$1244.  At  the  election  for  Governor  a  third  i>ackai!:e  mnst  l)e''<"-oovcrnor 

o  _  _  ,  to  be  sent  by 

made  np  containini;;  a  certificate  of  the  Governor's  vote  alone.  »"»*'  ^'<- 
together  with  the  other  papers  of  the  election,  as  in  the  case  of 
members  of  the  General  Assembly,  which  shall  be  directed  bv 
mail  to  '•the  President  <»f  the  Senate  of  GcHtrma.'" 


ARTICLE  III. 

KOK  MKMBKH8  OF  COX<;reSS. 

SkCTIOX.  SKfTION. 

1 245.  Congressuit-u — when  eloctoU.  1 248.  Proclamaliou  of  result. 

1 240).  Kleotioiip  for  extra  sessions.  1 24fl.  Kleetion  in  case  of  a  tie. 

1247.  Qnalilication  of  voters.  ■   1250.  Commissions — when  applied  for. 

§1245.  Members  of  the  House  of  Representatives  of  the  Con-Kicctionsfor 
federate  States  Congress  are  electe<l  at  the  same  time  that  the  conjiress. 
Governor  and  members  of  the  General  Assenddy  are  regularly 
elected,  l)y  the  \'otei"s  of  their  respective  Congressional  districts. 

^1240,  If  an  extra  session  of  Cons^ress  should  be  called  after 'Governor 

.         .  1        /-^  •  1     "^  must  order 

the  e.xpn-iitioii  ot  the  Conorressional   term,   and  before  the  next »« e>ect'oi>-- 

.  ,  .  ^  .  when. 

regular  time  for  holdino-  such  elections,  the  Governor  must  issue 
his  proclamation  ordering  an  election  ot'  such  representatives  for 
such  extra  session. 

vJ124T.   P>esides  the  (lualifications  rcfiuired  bv  the  constitution,  euiuiidate 

^        ^  •      ^  ,  must  reside 

a  residence  oi  one  vear  next  precedino;  the  dav  of  election  in  the"n«  year  in 

^  ^  ^'  •■  district  to  be 

district  where  the  candidate  offers,  is  necessary  to   make  him  'li^'Mo- 
eligible  to  election. 

§1248.  AVithin  twenty  days  after  the  election  the  Governor  Governor  to 
shall  count  up  the  votes,  and   immediately  thereafter  issue  his  votes,  ao. 
proclamation  declaring  the  i>erson  having  the  highest  number  of 
votes,  and  otherwise  (pialified,  to  be  duly  elected  to  represent 
this  State  in  the  House  of  Representatives  of  the  Confederate 
States,  and  for  what  period. 

§  12411.  If  two  or  more  persons,  equally  (pialified,  should  havei.i  .aseof  a 
the  same  number  of  votes,  the  Governor  shall  issue  his  prod  a- ti'on  ordered, 
mation,  ordering  a  new  election,  in  iu)t  less  than  thirty  days. 

§1250.  If  any  person  duly  elected  as  aforesaid  shall  not  'with- ;^[^^'t'|j^''*,,. 
in  thirty  days  after  the  Governor's  proclamation  apply  for  his  Jllfg^'I^V^™- 
(.'ommission,  the  Governor  shall  order  a  new  election  as  ])reseribed  ^^""'-^ ''»y''- 
IC 


wf^^ 


24:2       PT.  1.— TIT.  13.— CHAP.  3.— Elections  liv  thk  Peopi.k. 

Article  3. — For  Members  of  Cougress. 

in  the  preceding  section,  and  vacancies  for  any  canse  are  tilled 
in  like  manner. 


in 


AKTICLE  IV. 

KLKCTORS  FOR  PRKSI1>KNT  AND  VrOK  PRESIDENT. 
Sectiox.  Section'. 

1251.  Presidential  electors — whenolioseii     \2r>5.  Electoral  college — how  organized. 

1252.  AVheii  and  where  to  cast  vote.  1256.  Messenger  to  be  chosen. 

1253.  Vacancies — how  filled.  ,    1257.  Pay  of  Electors  and  Secretary. 

1254.  Majority  failing  to  meet. 

Dayofeic-  §1251.  On  tlic  Tuesdaj  after  tliG  tirst  Monday  in  November, 
tors  of  Resi- 1861,  and  every  sixth  year  thereafter,  until  altered  by  act  of 
Vice  Presi-  Coiigress,  tlicrc  sliall  be  an  election  for  electors  of  President  and 

dent.  ®  . 

Vice  President  of  the  Confederate  States, 
(iovernor  to      §1252.  On  the  twentieth  day  after  said  election  shall  have 

consolidate  "  •' 

returns  and  takcii  place,  it  is  the  dntv  of  the  Governor  to  consolidate  the 

notify  the  ^  ' 

persons.       several  returns  and  immediately  notify  those  persons  of  their 
election,  who  have  received  a  vote  amounting  to  a  majority,  and 
to  require  their  attendance  at  the  capitol  on  the  first  Monday  in 
December  thereafter  to  cast  the  vote  of  the  State  on  the  Wed- 
nesday following  at  twelve  o'clock,  M. 
All,  01- i.  mil-      §1253.  In  the  event  all,  or  a  majority  of  said  Electors  may 
■Ei"ctor.s      not  have  received  a  nuijority,  the  Governor  shall   communicate 
ceiveVma-  the  fact  to  tlic  General  Assembly,  if  in  session,  and  if  not,  he 
'l^o"ef  elst,    shall  issue  his  proclamation  convening  them  in  time  to  secure  the 
vote  of  the  State  in  the  Electoral  College.     The  General  Assem- 
bly shall,  by  joint  ballot,  elect  as  many  Electors  as  have  not  re- 
ceived said  majority.     If  a  majority  of  Electors  have  been  cho- 
sen by  the  people,  they  may  iill  the  remaining  vacancies  them- 
selves by  ballot,  which  election  sliall  be  communicated  to  the 
Electoral     Govei'iior.     If,  wlicu  tlic  Elcctors  elected  by  the  people,  or  by 

College  may  '  "^  t       /-^       •      i 

fill  vacan-     |;}ig  General  Assembly,  or  some  bv  each,  convene  at  the  Caintol, 

cies,  itf.  ^  '  ■  '  .  .J-.  . 

any  of  their  number  may  not  be  present  at  the  time  specified  for 

counting  the  vote,  a  majority  of  the  elected  may  fill  all  vacancies, 

which  shall  be  duly  communicated  to  the  Governor. 

On  failure  of     §  1^54.  If  a  majority  fail  to  attend  by  said  Wednesday  at  noon. 

Elector  to*^  from  providential  cause,  those  who  do  attend  may  adjourn  from 

attend,  &c.   ^^^  ^^  ^^^  j-^^,  ^^^  days,  and  if  a  majority  is  not  present  at  the 

expiration  of  that  time,  the  Governor  shall  convene  the  General 

Assembly  on  ten  days'  notice,  who  shall  fill  the  vacancies  by 

election. 


FT.  1.— TIT.  la.— CHAP.  3.— Elections  by  the  People.      243 


Article  4. — Electors  for  President  and  Vice  President. 


'f  1255.  The  Electors,  when  assembled  to  cast  the  vote,  shall  Electoral 
choose  a  President  of  their  body  from  their  number,  and  a  Sec-  <hoose » 
retary  not  of  their  number ;  said  Secretary  shall  make  a  record  '<>:c- 
of  their  proceedings  in  a  book  from  the  Executive  Department 
kept  for  that  purpose. 

§  125r).  Such  Electors  shall  elect,  by  a  majority  vote,  a  Mes-  KUctorai 
senger  to  convey  the  vote  of  Georgia,  and  shall,  in  regard  to  that  choJslV  * 
and  all  other  matters,  proceed,  according  to  the  acts  of  Congress, '  ''®*^''^'''' 
in  such  cases  jnade  and  provided. 

<$1257.  The  pay  of  Electors  shall  be  eight  dollars  per  day  for  Pay  and 

1  .     '  I    .  .     .  ,    ■  1        /--I        •      1  1      •  •'     •  mileage  of 

every  day  required  m  remainmg  at  the  Capitol  on  their  mission,  Kiectors, 
and  eight  dollars  for  every  twenty  miles  in  going  to  and  return- 
ing therefrom,  said  mileage  to  be  computed  as  that  of  members 
of  the  General  Assembly.     The  pay  of  the  Secretary  shall  be  one  and  of  th.-ir 
hundred  dollars,  all  of  which  is  to  be  paid  either  out  of  the  con- ^*''"'*'*^ 
tingent  fund  or  out  of  any  money  in  the  Treasury  not  (Otherwise 
appropriated  in  the  discretion  of  the  Governor. 


ARTICLE  Y. 

JUIiiiKS  OF  THK  SUPERIOR  COrRTS  AXI>  SOLICITORS   GENERAL. 

Section.  Skctiox. 

1258.  Jndj^es — when  elected.  12(51.  New  election — when  ordered. 

1259.  Proclamation  of  result.  12G2.  Solioitor.=;  General — when  elected. 

1260.  Oafli  of  Judges— hinv  taken,  i-r.  126:5.  Must  give  bond. 

§1258.  The  election  for  Judges  of  the  Superior  Court  takes  xim.- of 
place  on  the  hrst  Wednesday  in  January  next  preceding  the  expira-  judgos  »Z 

^ .  ..  .  1      .  .      •  '  '  *^  pcriorCourt. 

tion  01  their  commissions. 

§  1250.  The  Governor,  together  with  the  Secretary  of  State,  Governor 

in-i-j  i        -\  J'  !!•  1*  T  ^^^  Secretn 

shall,  witlim  twenty  days  alter  the  election,  count  the  votes,  and  ry  of  state  to 
shall,  immediately  thereafter,  issue  his  proclamation  declaring  vous.  &c. 
the  person  receiving  the  highest  number  of  votes  for  Judge  in 
each  circuit  to  be  elected,  and  also  requiring  said  person  elect  to 
appear  before  him,  or  two  or  more  Justices  of  the  Inferior  Court 
of  the  county  of  his  residence,  to  take  and  subscribe  the  oaths  of 
office,  unless  otherwise  specially  permitted. 

§1260.  When  said  oaths  are  taken  before  the  Justices  afore- j,^^^ „f 
said,  they  shall  be  entered,  by  the  Clerk  of  the  Inferior  Court  of  ^'^^^^  ''^^J,"^'^ 
sucli  county,  on  their  minutes,  and  they  shall  transmit,  under 
their  hands  and  seals,  to  the  Governor,  copies  of  the  same,  with- 
out delay,  when  the  commissions  shall  be  issued. 


,  &e. 


244      FT.  1,— TIT.  18. — CHAP.  'A. — Elections  by  the  PeoplI:. 

Article  5. — Election  for  .Judges  of  Superior  Court  and  Solicitors  General. 

Office  de-         §1201.  If  the  person  elect  shall  fail  to  appear  and  taike  the 
'1^^V<■*"     oath  M-ithin  thirty  davf;  from  the  date  of  said  proclamation,  un- 
less providentially  prevented,  tlie  (Governor  shall  declare  said  of- 
fice vacaiit.  i>roceed  to  till  the  vacancy,  and,  by  proclamation,  or- 
der another  election  to  take  place  within  tliirty  <lay.<  from  the 
date  of  his  ]>roclamation  for  said  purpose. 
Election  lor      §  12H2.  ^^olicitors  General  are  elected  on  the  tirst   Wednesday 
(feneraT     in  Januarv  next  preceding  the  expir.ition  of  their  commissions. 
Governor  to      §1268.  The  Govemor  shall  proclaim  the  election  of  yolicitor& 
is^eiected.  "^  General  in  the  same  manner  that  he  does  that  of  Judg-es.  v/ith 
the  difference  that  he  shall  require  them  to  execute,  before  such 
ghre  bomi."  Justices,  to  l)e  approved  l)y  them,  their  official  bonds.  Mhich  shall 
lie,  by  said  Clerk,  transmitted  to  the  Governor,  together  witli  a 
(^ertitied  copy  of  the  oaths  from  his  minutes. 


^f^ 


CHAPTER  IV. 

FOR  JUSTICES  OF    THE   INFERIOR   COURT,    «)RDINARY    AXI>    COUNTY 

OFFICERS. 

Sj-CTiox.  Sectiok. 

1264.  Election  of  county  oflicers.  Ac.  12GT.  (Jouuly  Treasurer— wLeu  elected. 

1265.  Ordinaries  and  J.  I.  0'.^.,  Ac.  1268.  Election  of  other  county  officers. 

1266.  (Hlier  officers— when  elected.  1269.  Notice  of  election— hovr  ^rivcu. 

Kic.tioasfor      §  12H4.  Articlc  I  of  Chapter  III,  Section  1242,  applies  to  the 
;Scourt,  officers  wliose  elections  are  provided  for  in  this  chapter. 
Time  of  §1265.  Justices  of  tlie   Inferior    Court,   and    (Ordinaries,  are 

' ''^<=*''^"'*^'- elected  on  the  iirst  Wednesday  in   January  next  preceding  the 

expiration  of  their  commission.-. 
Time  01  §1266.  Clerks  of  the  Superior  and  Inferior  Courts,  and  Sher- 

::r'cou"ifty'^'itfs,  Tax  Collectors,  Tax  Receivers.  County  Surveyors  and  Coro- 
""'"""'■        ners,  are  elected  on  the  same  da_y  and  month  mentioned   next 

preceding  the  expiration  of  their  commissions, 
couniy  §1267.   County  Treasurers,  where  elected  by  tlie   votei-.-.  are 

Ajr*""^'"'  elected  at  the  same  time,  annually. 

General  pro-     §1268.  The  election  of  anv  officcr  not  mentioned,  whose  du- 
imeVeiec- ties  are  entirely  of  a  county  nature,  shall  be  elected  at  the  same 
tion, &.-.      f^Y^Q^  unless  otherMise  y^rovided  for. 
,.,  ,    „         S126f^.  When  either  of  the  officers  mentioned  are  to  be  elected, 

f'lerk  oi  In-         o 

fo'"iwno-*  the  Justices  of  the  Inferior  Court  shall  cause  their  Clerk  to  give 
|ce^'f«'«-  thirty  days' notice  of  the  officers  to  be  elected,  and  the  time  of 
the  election,  which  shall  be  advertised  at  the  door  of  the  court- 


PT.  1. — TIT.  13. — Elections  BY  thsr  People.  245 

<:h;i].ter  4. — For  Justices  of  tlie  Inferior  Court  Ordinary  and  County  Officers. 


house,  aiifl  alsD  in  some  public-  <r:a/ette  printod  in  tlie  coimty,  if 
uny. 


CHAPTER  Y. 

FOR  .irSTICKS  OF  THE  PEACK  AND  COXSTAl'.I.KS. 

Section.  Section. 

1270.  Flection  of  Justices  of  the  Peace.       127a.  Election— how  re«ukt<-a. 

1271.  How  superintended.  1274.  Election  of  Constables. 

1272.  Returns— how  made.  1275.  Constable's  election.  &c. 

§  1270.  Justices  of  the  Peace  are  elected  on  tlie  first  Saturday  ^'i^«f/^^f- 
in  January  next  preceding  the  expiration   of  their  commissions,  *i^^f.^f^*|?° 
by  the  voters  of  their  respective  districts,  provided  they  have  re- 
aided  in  the  district  as  much  as  thirty  days,  immediately  i)rece- 
•ding  the  election,  and  are  otherwise  qualilied.     The  election  must  ^.^^^^  ^^ 
be  held  at  the  phice  of  holdin--  .lustices' Court  for  the  district ;  ^lectioD. 
if  none,  then  at  the  election  ]n'ecinct :  if  no  election  precinct, 
then  at  some  place  in  the  district  named  by  the  Justices  of  the 
Inferior  CVmrt,  of  Mdiich  ten  days"  written  notice  must  be  given 
in  the  district. 

§1271.  Such  elections  shall   be  superintended  by  three  free- ,^J,°,f„\"^j 
holders  of  the  district,  who  shall  take  the  oath  required  in  chap-"''^"^'""''- 
ter  second  of  this  title,  section  1229. 

§1272.  Said  superintendents  shall  transmit  one  return  of  ^^^^id  iietiir"^-to 
■elections  t< >  the  Governor,  and  another  to  the  Clerk  of  the  Supe- 
rior Court  of  the  county,  who  shall  keep  the  same  on  tile.     The 
ballots  shall  be  likewise  sealed  u}).  and  the  number  of  the  district  soaiod.&o. 
marked  thereon  and  delivered  to  such  Clerk. 

§127'->.  The  laws  governing  the  elections  for  members  of  the  i^^^^^ons- 
■General  Assembly,  govern  in  the  elections  of  Justices  of  the  Peace,  '^*'- 
whenever  they  may  be  applied,  aud   are  not  inconsistent  with 
those  of  this  chapter. 

§1274.  Constablcb  are  elected  on  the  same  day,  month  and  g^j^^Jf^"  g*^ic°." 
place  that  Justices  of  the  Peace  are,  and  by  the  same  class  of  term  of" ol'"' 
voters,  once  in  two  years. 

§1275.  Their  elections  are  to  be  conducted  in  the  same  man- .tusHco  of 

-"  the  Peaco  to 

Tier  ;is  those  of  Justices  of  the  Peace,  with  the  exceptions  that — preside  at   . 

i  conatablpi 

1.  A  Justice  of  the  Peace  must  be  one  of  the  persons  pi'^^s^iding  e'^«ction^i^f 
at  a  constables  election,  if  there  is  one  in  commission  to  be  had,  <^^'''- 
and  he  is  not  a  candidate  at  the  same  election. 


m 


PT.  1. — TIT.  13. — ^Elections  by  thk  People. 


Chapter  5. — For  Justices  of  the  Peace  and  Constables. 


Ketnrnsto        2.  Tlie  retums  Tiiiist  be  made  to  Clerk  of  the  iTiferior  Court 

t>e  made  to 

Clerk  Infc-  of  tllC  COimtV. 

rior  Court,  "' 


CHAPTEK  VI. 

CONTESTED  KLKCTIONS. 

Skctiox.  Section. 

1276.  Elections — liow  contcstetl.  j   1279.  Set  oft' of  illegal  votes. 

1277.  In  case  of  Legislators.  \   1280.  Contests  of  Bailifts'  elections. 

1278.  Ballots  may  be  examined.  ;   1281.  What  defeats  election. 

in'^ef of      §  l-'''^-  When  the  election  of  a  person  by  the  people  to  any 
!oect1?n^     office  requiring  a  commission  from  the  Governor  is  contested  the 
proceedings  are — 

1.  The  adverse  party  shall  have  five  days'  notice  in  writing  of 
the  intention  to  contest,  and  the  grounds  of  the  contest. 

2.  The  notice  shall  state  the  time  and  place  where  the  con- 
testant intends  to  take  testimony,  and  the  names  of  the  wit- 
nesses, if  any. 

3.  The  elect  shall  give  like  notice  of  the  time  and  place  where 
he  intends  to  take  testimony,  and  the  names  of  witnesses,  if  any. 

4.  Either  party  may  appear  by  himself,  or  attorney,  ()r  ])oth. 
and  cross-examine  the  witnesses. 

5.  At  the  time  of  taking  testimony  any  judicial  officer  of  the 
county  where  the  testimony  is  taken  may  preside  to  preserve 
order,  to  swear  the  witnesses,  and  to  see  that  the  testimony 
is  fairly  and  impartially  taken  down,  but  all  the  testimony 
offered  must  be  written  down.  Said  officer  has  the  power  to 
subpoena  witnesses  and  com])el  their  attendance,  if  in  the  State,, 
and  to  issue  commissions  to  take  testimony  of  persons  out  of  the 
State,  and  to  adjourn  from  day  to  day. 

G.  All  the  papers  and  proceedings,  or  copies  of  them,  must  i,)e 
transmitted  to  the  Governor,  certified  to  by  the  presiding  officer., 
or  agreed  to  by  the  parties. 

7.  When  the  Governor  has  notice  of  an  intention  to  contest 
he  shall  not  issue  the  commission  until  the  contest  is  decided,  or 
the  time  has  elapsed  for  it  to  begin. 

8.  Both  parties  may  appear  by  themselves,  and  counsel,  and 
l>e  heard  l)efore  the  Governor,  who  shall  have  both  notitied  of 
tlie  dav  when  he  will  hear  the  contest. 


PT.  1.— TIT.  13.— Elections  by  the  People. 


Chapter  6. — Contested  Elections. 


9.  Testimony  going  to  prove  the  illegality  of  a  vote,  and  the 
want  of  qualiiication  in  a  voter,  must  be  taken  within  thirty 
(lays  from  the  day  of  the  election. 

10.  No  proceedings  can  be  begun  to  contest  an  election  after 
the  Governor  has  issued  the  commission. 

§1277.  The  proceedings  to  contest  the  seat  of  a  member  of  Proceedings 
the  General  Assembly  are  the  same,  and  may  be  transmitted  torijro"nfberof 
the  Governor,  who  shall  send  the  same  immediately  after  the  or- i/^nt* s'ted. 
ganization  to  the  presiding  oflicer  of  the  House,  where  the  con- 
test lies,  or  may  be  sent  direct  to  such  presiding  officer. 

§1278.  When  an  election  is  contested,  on  the  ground  of  ille- -when  sqs- 
gal  votes,  any  of  whom  it  is  claimed  on  affidavit  can  probably  fo'ts  may  be 
be  proven  by  resort  to  the  ballots,  specifying  what  ballots,  it  ig^^""""*^  ■ 
the  duty  of  tlie  Clerk  of  the  Superior  Court  to  deliver  the  same, 
together  with  the  list  of  Aoters,  to  the  person  who  presides  at  the 
taking  of  testimony,  who  shall  examine  said  suspected  ballots, 
«nd  none  other,  and  have  put  down  as  part  of  the  testimony 
their  contents,  and  all  other  testimony  attacking  and  defending 
their  legality. 

§127'.).  Illegal  votes  by  the  method  aforesaid,  and  otherwise,  i,i£,gai  votes 
may  be  proven  by  both  parties,  and  if  such  are  proven  on  both  otherlnT'^^ 
sides  one  shall  stand  against  another,  and  he  is  elected  who  has  nlfmber  of 
the  greatest  number  of  legal  votes.     -All  are  considered  legal,  not  l^i^cts! &c* 
proven  to  be  illegal. 

j^l2S0.  In  all  elections  for  constables,  corporation  officers,  or  who  decides 
other  officers  not  pro\ided  f(»r  aboAC,  contests  as  to  elections  shall  const  abks- 
be  heard  before  and  decided  by  the  Coui-t  or  persons  who  l>y  law 
issue  the  certilicat(>s  of  election.     For  each  day  an  officer  pre- (jompens;i- 
sides    in   hearing    sucli    contest    he    shall    receive   two  dollars J/in"f,^cc'!' 
to  be  paid  by  the  losing  party,  and  for  which  such  Justice  may 
issue  iiji.  fa. 

§1281.  No  election  shall  be  defeated  for  non-coiupliance  with Eieotiou  uot 
the  requirements  of  the  law,  if  held  at  the  proper  time  and  place  Jon  o/foraa'i 
by  persons  (pialiiied  to  hold  them,  if  it  is  not  shown  that  by  that  ''^*^'"**' 
non-compliance  the  result  is  different  from  what  it  would  have 
been  had  tliere  been  a  ]>roper  compliance. 


248         PT.  1. — TIT.  14. — ELEcrioNS  by  the  General  Assembly. 

Chapter  1. — For  Confederate  States  Senators. 


TITLE  XIX. 

ELECTIONS  BY  THE  GENERAL  ASSEMBLY. 


t'/Hr 


CHAPTEIl  I. 

FOR.  CONPEDERATK  STATh^S  SENATORS. 
Section'  1282.  Election  of  Senators  to  Congress. 

,     ,  S 1282.  The  elections  for  Senators  in  the  Confederate  States 

Senators  ih  " 

whe^eflct-  Congress  from  this  State,  sliall  be  held  by  the  General  Assembly 
*^''-  during  the  sitting  or  session  wliicli  immediately  precedes  the  be- 

ginning of  the  term  which  they  are  to  fill. 


CHAPTEE  II. 

FOR  OTllKR  OFFICERS. 

Section.  I  Section. 

1283.  Judges  of  tlie  Supreme  Court,  ito.  I   1284.  All  elections  by  Legislature — when 

Time  of  §1283.  Tlic  Judgcs  of  the  Supreme  Court,  the  Secretary  of 

jud^lTsu-   State,  the  Comptroller  General,   Surveyor  General,  the  State 
preme  Court  Treasurer,  Printer,  and  Bank  Directors  are  elected  by  the  same 

rule  as  to  time. 
Leaigiatuic       §  1284,  All  olticers  created  for  the  service  of  the  State,  the 
lflfcers,&p.  election  of  which  is  not  given  to  the  people,  or  some  other  tri- 
bunal, are  elected  by  the  General  Assembly  in  the  same  manner 
and  time  as  the  officers  elected  bv  them. 


PT.  1.— TIT.  15.— CHAP.  1.— Police  Rec;ulations,  &v.        249 


Article  1. — Tlie  Trustees. 


TITLE  XV. 

POLfCK  ANI>  SANTTAKY  IJF.cr LATIOXS. 


CHAPTEli  I. 

T.rXATTC  ASYLUM. 

Articlk  1. — The  Trustees. 

Article  2. — The  Superintendent. 

Article  8. — Admission  and  disjiosition  of  l^atient? 


ARTICLE  I. 

TIIK  TRlTSTKV;s. 

« 
Seci'iox.  Section. 

1285.  Miinagement  of  Asylum.  1288.  ortu-ors — how  apiioiiitcd. 

1 286.  Tm.stecs — how  appointed.  ,       1 2S9.  Bond  of  Treasurer. 

1287.  Authority  of  Trustees.  1290.  Annual  Report  of  Trusteos. 

§1285.  Tlie  State  Lunatic  Asylum  at  Midway,  near  Milledge- A^f,!),'; 
^^lle,  is  solely  the  property  of  the  State,  and  is  under  the  man- 
agement of  three  trustees. 

§1286.  Said  trustees  are  biennially  appointed,  by  the  Grover- ^pp^'^^'- 
nor,  on  the  "first  Monday  in  December,  and  in  such  manner  that  t^'^toos. 
one  of  the  trustees  shall  l)e  continued  in  office  for  a  second  term, 
that  there  may  be  always  one  member  of  the  board  who  has  ex- 
perience in  the  affairs  of  the  Asylum. 

§1287.  They  have  authority —  Authority  or 

1.  To  prescribe  all  the  rales  and  regulations  for  the  manage- 
ment of  the  institution,  not  conllictiiig  with  the  laM". 

2.  To  appoint  all  the  otlicers,  point  out  their  duties,  and  fix 
their  salaries. 

3.  To  create  such  other  offices,  and  select  the  iiunuubents,  if  in 
their  judgment  such  is  necessary  to  an  efficient  administration. 

L  To  i-emove  from  office,  when  the  incumbents  fail  to  dis- 
charge Avell  their  duties,  or  are  guilty  of  any  immoral  or  unfaith- 
ful conduct,  and  cause  to  he  prosecuted  any  officer,  or  other  per- 
son,'who  shall  assault  any  inmate  of  said  institution,  or  use  to- 
wards such  any  other  or  greater  violence  than  the  occasion  may 
require. 

5.  To  hold  in   tiMist,  for  said  Asvlum.  anv  irrant  or  devise  of 


250        PT.  1.— TIT.  15.— CHAP.  1.— Police  Eegulations,  &c, 

Article  1. — Tlie  Trustees. 

land,  or  bequest  or  donation  of  money,  or  other  property,  for  the 
ijeneral  use  of  the  institution,  or  the  particuhar  use  defined. 

i].  To  visit  the  institution  monthly  by  at  least  one  of  the  board, 
semi-annuall}^  by  a  majority,  and  annually  l)y  all  of  them,  at 
such  time  as  they  may  agree  upon. 

7.  To  purchase  servants  for  the  Asylum,  when,  from  long  em- 
|il(>Yment,  or  otherwise,  they  are  known  to  possess  such  qualities 
as  render  them  peculiarly  valual)le  to  the  institution ;  Provided, 
there  is  suthcient  of  the  States's  appropriation,  after  paying  the 
necessary  expenses  out  of  the  general  appropriation,  for  such 
purpose. 

8.  To  bring  suit,  in  their  names,  for  any  claim  the  institution 
might  have,  whether  arising  upon  contract  or  tort. 

ouier  oiti-        §  1288.  The  ofhcers  of  the  Asylum,  appointed  by  the  trustees^ 
^"^byXe"    are  a  Superintendent,  an  Assistant  Physician,  a  Treasurer,  a 


n-nstci 


Steward,  Assistant  Steward,  and  Matron,  whose  salaries  are  paid 
quarterly  out  of  the  annual  appropriations. 
Bond  of  !^1289.  The  Treasurer  uiust  give  bond  and  secnritv  in  the  sum 

Treasurer.    > — j*^  i    i    ii 

(of  five  thousand  dollars. 
Annual  re-  i^S  1290.  xlt  tlic  closB  of  cacli  flscal  vcar,  which  terminates  on 

>>      port  of  trnsT        "    ^  n   /-\         i  'in  i  in 

V     tees.  ;  the  first  day  of  (Jctober,  the  trustees  shall  make  to  tiie  (jrover- 

X^  juor,  to  be  by  him  laid  before  the  General  Assembly,  in  connec- 

1^  tion  Avith  his  annual  message,  a  full  report  of  the  condition  of 

ithe  Asylum,  in  all  its  departmentSj^iu  eluding  its  receipts  and  dis- 

/bursements,  with  such  suggestions  as  they  may  think  proper  to- 

niake^^ 


ARTICLE  II. 

THK  SUPKRTXTENDENT. 

Section.  Section. 

1201.  Must  lie  a  Pliysiciaii.  1292.  Duty  of  Siipcriiiteiidout. 

snpcriuten-       ^1291,  The  principal  officer  of  said  Asvlum  is  the  Sui»erin- 

dentof  Asy-  ^  ^  ,      ,  ,    ,  " 

jum.  tendent,  who  shall  be  a  skillful  physician. 

SuperiBten  ^  1292.    It  is  llis  dutv 

dent  8  du-  -'  •>  ^  ,  .  . 

ties.  1.  To  reside  constantly  on  the  premises,  and  devote  his  profes- 

sional services  exclusively  to  the  use  of  the  Asylum,  for  which, 
purpose  he  must  be  furnished  with  a  suitable  residence. 

2.  To  take  charge  of,  and  exercise  control,  subject  to  the  trus- 
tees, over  every  department  of  the  institution,  and  have  controli 


PT^l.-TIT.  15.-CHAP.  I-PoliceRe.ulatioks,  ^^c.        251 

^^^^^  Chapter  2. — The  Superintendent. 


over   all   resident   officers,   attendants,  and   servants   employed 
therein.  ^     • 

_  3.  To  discharge  all  duties  any  way  connected  Avitli  the  restora- 
tion to  health,  or  sanity  of  the  inmates. 

4    To  make  an  annnal  report  to  the  trustees,  on  the  first  dav 
ot  October,  of  all  the  affairs  of  the  institution  under  his  supei'-- 


Vision. 


5.  To  perform  any  other  duty  necessarily  connected  with  hi^ 
position  under  the  law. 


AKTICLE  III. 

THK  ADMISSION  MANAGEMENT  AX].  DISCHAR.iK  OF  PATIENTS 

^^'^■^'  ,Sectio.v. 

1 29:,  w,,o  may  be  inn.ates.  1304.  Tnmates  n,ay  be  tried. 

94.  Inma  es-hoH'  classified.  1305.  Trial-how  demanded. 

290.  Apartments  ol  A.sylum.  13O6.  Adnn.ssion  of  inebriate.. 

-96.  Georgians  preferred.  1307.  Inebriates-how  kept. 

29<.  Ueorgua  pay-pationts.  I   ^308.  Insane  slaves.  &c. 

-98.  Non-resident  pay-patients.  1309.  Insane  convicts. 

300    CeTtrr''  f ''"''•  ''''■  ^-victs-how  snpporte.l. 

30  ■  slZTT      '"'"'"•  '''"^^^-  '   ''''■  ^'"-^^  -nvicrs-hofv  disposed  of. 

1^01    Support  of  panper.pat,ents.  ,   1312.  Uncertified  patients. 

1-^0-'.   Paupers  to  pav— when  t>io    r>              •. 

no-    nntb;n„  c       rr    ,          ,  ^^^^-  I^e-commitment  of  inmates. 

i..u...  Clothing,  Arc.  of  disc  inrgednauDPi-^  ni  i    t,,o            •    •     1 
»                        f^^-^i  l''^"I«^'^'    l.fI4.   Insane  criminals. 

T^olTtT'  .'^''''  "P^^^P^^^^  ^^-  ^l^»^^'^ted  inebriates.  ^-p 

^  12di.   1  lie  inmates  are  divided  into  the  following  classes  • 
1.  1  ay  or  pauper-patients  residents  of  this  State.  ^0'": 

-•  -t^ay-patieuts  being  non-residents.  '"•■*'"• 

o.  Insane  Penitentiary  convicts. 
4.  Insane  negroes,  in  certain  cases 

§1295.  The  Trustees  of  the  Asylum  shall  see  that  proper  and  v.....t. 
^^nct  apartments  are  arranged  for  said  patients,  so\hJ^  in  no  £3 
case  shall  the  negro  and  the  .vhite  person  be  together,  nor  the ""-" 
Penitentiary  convicts  with  either,  and  males  and  tfemales  shall  be 
Kept  separately. 

§  129(1.  Citizens  of  „,„■  own  State  sl.all  have  preference  to  non- «..,.,« ,. 
.cedents  .hen  at  tl.e  tin,e  of  the  application  all  cannot  be  ac  S - 
commodated  and  .f  such  a  contingency  shonld  happen,  it  nn.t        ' 
be  .eported  to  the  Governor  without  .lelay,  who  shall  con.muni- 
c«te  the  tact  to  the  (General  Assembly. 


i352         PT.  L— TIT.  15.— CHAP.  1.— Police  IIegulations,  ifec 

Article  X — The  Admission,  Management  and  Discharge  of  Patients. 

§  1297. 


IJesident  pa  y 
patients — 

howHrtniit-   ted  unle: 

ted. 


A  pay-patient  resident  of  tliis  State  shall  not  be  admit- 
accompanied  by  autlientic  evidence  of  lunacy,  accord- 
ing to  law,  or  there  is  produced  tlie  certiticatc  of  three  respecta- 
ble practicing  physicians,  well  ac(]uainted  with  the  condition  of 
the  patient,  or  one  from  such  physician^,  and  two  re^^pectable  citi- 
zens,  stating  the  cause  of  the  application, 
xon-resi-         !^  1298.  A  pav-paticnt  not  a  resident  of  this  State  sliall  not  be 

dent  pay  pa-        '^  ,  i  .     i   i  i  •  i       ,> 

tients— how  admitted  unless  accompanied  l)y  an  authentic  record  ot  a  convic- 
tion of  a  malady,  which  by  the  law  of  this  State,  is  a  ground  of 
admission,  from  a  Court  having  jurisdiction,  or  shall  produce  a 
certificate  like  that  required  in  this  State,  together  with  the  cer- 
tificate of  the  Judge,  having  jurisdiction,  who  shall  state  official- 
ly, that  the  certificate  of  said  [physicians  and  other  persons,  are 
o-enuine  and  entitled  to  full  credit.  And  shall  then  not  be  re- 
ceived  until  the  payment  of  expenses  are  secured. 

Pay  patients      1 1299.  Pay-paticiits  may  be  divided  into  different  classes,  ac- 

may  be  das-         '    .  .  '  ,    "  .  i      •        t  ^    i^      •  x* 

sifled.  cording  to  the  accommodations  desired,  and  tlieir  means  ot  pay- 


ing. 
§1300. 


When  a  person  has  been  convicted  of  a  malady  requir- 


Paupcr  pa- 
how  they  are  ing  him  to  be  committed  to  said  Asylum,  it  is  the  duty  of  the  Court 
presiding  at  the  trial,  to  certity  if  said  person  be  a  pauper.  He 
shall  not  be  certified  a  pauper,  unless  in  whole,  or  in  part  sup- 
ported by  the  county,  or  the  county  is  bound  for  his  support  un- 
der the  law.  If  there  are  persons  who  by  law  are  bound,  and 
able  to  support  him,  the  names  of  such  persons  must  be  given. 
If  the  person  has  means  enougli  to  support  himself  in  part,  the 
amount  of  such  means  must  ])e  stated,  and  must  ])e  paid  towai'd 
his  support. 

§  1301.  A  certificate  of  pau})erism,  entitles  the  person  to  be 
supported  at  the  expense  of  the  State.  Tliose  for  whose  support 
others  are  bound,  must  be  furnished  with  suitable  support  by  the 
State,  and  tlie  expense  collected  out  of  such  other  persons  by  the 
trustees. 

§  1302.  If  a  patient  committed  as  a  pauper,  or  as  of  limited 
means,  becomes  entitled  to  an  estate,  said  estate  is  bound  for  his 
support  according  to  its  value,  and  whoever  holds  it,  may  be  com- 
pelled to  secure  to  the  Asylum  its  proper  charges,  or  to  tui'n 
over  to  the  trustees  the  property  to  be  held  for  such  purpose. 
Discharged  §  1303.  A  paupcr  patient  shall  not  be  discharged  from  the  Asy- 
«eXmu8t   lum  without  proper  clothing,  and  a  sum  of  money  necessary  to 

be  clad,  &c. 


I'aupcr  pa- 
tients sup- 
ported by 
the  Stitt". 


Pauperism 
eeasing,  pa- 
tient must 
defray  ex- 
penses. 


i 


PT.  1.— TIT.  15.— CHAP.  1.— Police  Regulations,  &c.       253 

Article  .'?. — The  Admission,  Management  and  Discharge  of  Patients. 

(;arry  him  to  ])U  residence  or  the  cfMinty  from  wlionce  he  was 
t^ent. 

§K^(>4.  W  l)et'ure  or  at'tei'  Jidiuissioii  ot*  a  pav-patient,  resident  Tnaiofiuna- 
or  non-resident  l)y  certiticate.  the  person  allesjed  to  be  a  hmatic,  detJriTrte.l 
or  liis  friend,  or  rehitive,  may  make  a  demand  of  the  snperintend- ' ''' 
ent  for  a  trial  of  tlie  quej«tion  of  hniacy  l)y  Jniy,  which  shall  he 
had  without  delay,  accordinG;  to  law,  in  the  county  of  Baldwin. 

§1305.  The  like  demand  and  trial  nuiv  l)e  had  hv  all  patients  "o^  trial  of 

_  _      ■  •  '    _         ^      lunacy  mny 

who  ha\e  1)eeii  convicted  of  lunacv,  if  the  oei'son  demandino;  it,  I'p <ieTnnn(i'- 
l)ein<»:  relative  or  friend,  will  make  an  atiidavit  that  he  believes 
the  alle»::ed  cause  of  commitment  <lid  not.  and  does  not  exist,  and 
that  the  conviction  was  obtained  by  fraud,  collusion  or  mistake. 
The  same  riolit  exists  when  there  is  an  affidavit  tluit  the  cause  of 
commitment  has  ceased  to  exist,  and  there  is  a  refusal  by  the  su- 
perintendent to  discharge  after  demand  made. 

§  ]  80(1.  AVlien  bv  a  ])rovision  of  this  Code  section  (  )  a  person  inebriates 

IS  declared  to  i)e  an  inebriate  and  incapable  ot  managing  his  prop-  mined. 
erty,  such  jterson  by  his  own  consent,  if  capable,  and  if  incapa- 
ble, by  the  consent  of  his  nearest  relative,  or  when  a  person  is 
not  so  declared,  but  has  the  certificate  of  three  physicians,  and  is 
liimself  Avilling,  such  person  may  be  received  into  said  Asylum: 
allowed  the  use  of  apartments  devoted  to  him,  or  such  as  are 
suitable,  and  be  treated  as  a  ])atient  thereof. 

§  1307.  Such  patients  shall  never  be  placed  in  coin[)any  with  inei.iiaies— 
any  other  class  of  patients  without  their  consent,  nor  placed  in   °"  ^^^ ' 
confinement,  unless  they  are  dangerous  to  themselves  or  others. 
nor  detained  against  their  consent  in  the  institution.     When  con- 
sent is  necessary,  they  must  be  capable  of  consenting  ;  they  must 
pay  for  their  support  as  pay  patients. 

§1308.  Apartments  must  be  provided  for  insane  slaves  belong;-  insaiu- 

.    .  >     I  .     /-^  I  '"     slaves  auil 

ing  to  citizens  of  this  State,  who  are  able  or  unable  to  support,  '■>f"<^ ne-ro.s, 
and  take  care  of  them,  and  also  of  free  negroes  I'esideuts  of  this 
State,  who  are  able  or  unable  to  support  and  take  care  of  them- 
selves. Those  masters  or  free  negroes  who  are  al)le  must  pay  for 
their  supi)ort.  Those  unable  must  be  supported  as  other  pauper 
]>atients.  The  certificate  of  the  Justices  of  the  Inferior  Court  of 
the  countv  where  the  owner,  or  slave,  or  free  ne»;rc>  resides,  of  his 
condition,  mentally  and  ])ecnniarily,  shall  be  sufficient  to  grant 
him  admittance. 

§1309.  If  a  Penitentiarv  convict  Itccomes  affiicted  so  as  the  J'.T>^^°"- 

"  •  Ticts — liow 

atfiiction  would  entitle  another  person  to  a  place  in  said  Asylum,  "'''"''*'"<'• 


254 


PT.  1.— TIT.  15.— CHAP.  1.— Police  Regulations,  &c. 


Article  ?>. — The  Admission,  Management  and  Discharge  of  Patients. 


^ 


he  shall  be  received  therein  if  accompanied  by  the  certificate  of 
the  plivsician  to  the  Penitentiary,  and  the  principal  keeper  there- 
of, of  said  fact.  The  certiticate  shall  also  show  the  name  of  the 
convict,  tlie  offence  for  which  sentenced,  the  connty  from  whence 
sentenced,  and  his  term  of  service,  which  shall  be  filed  away. 

§1310.  If  said  convict  has  the  necessary  means,  he  shall  pay 
for  his  snpport  as  lon<y  as  lie  remains  at  the  Asyhim. 

§1311.  If  sncli  convict  shall  recover  before  his  term  of  service 
has  expired,  the  fact  shall  at  once  be  certified  by  the  Superinten- 
dent, to  the  principal  keeper  of  the  Penitentiary,  who  shall  forth- 
with have  said  convict  taken  back  into  the  Penitentiary. 

§  1312.  Whenever  there  shall  be  an  application  for  admission, 
of'Sncertifi-  Unattended  by  the  requisite  evidences,  the  Superintendent  has 
0.1  patients.  j^^^j^Qj-ii^y  ^o  roccive  and  provide  for  the  person  for  a  reasonable 
time,  provided  a  suflicient  sum  shall  be  advanced  for  his  main- 
tenance in  the  meantime. 

§1313.  "When  a  person  has  been  properly  received  as  a  patient, 


How  BUJl- 

portcd. 


Cured  con- 
victs— how 
disposed  of 


Temponirv 


Inmate  nb- 

months^     but  is  absent  for  as  long  as  three  months,  either  from  discharge, 

must  be  re- 
commit 
JQ  form. 


ttid"  elopement  or  removal  by  friends,  he  cannot  be  received  at  the 
A^svlum  without  going  through  the  process  required  in  this  chap- 
ter, according  to  the  class  of  patients  of  which  he  may  be. 
Criminals        §  l^l-l.  Wlicu  a  pcrsou  has  been  acquitted  of  a  capital  crime 
"?i"'iJ''/i  *"*  on  the  irround  of  insanitv,  and  such  i:)erson  is  committed  to  the 
whose  s°Jn-   Asylum,  he  shall  not  be  discharged  thence,  except  by  special  act 
pendVd*  &r!  of  the  Legislature.     If  tlte  crime  is  not  capital  he  shall  be  dis- 
-how  dealt  (.]^j^j.gg(;[  ]^j  warrant  or  order  from  the  Governor.     If  sentence  is 
suspended  on  the  ground  of  insanity,  upon  restoration  to  sanity 
the  Superintendent  shall  certify  the  fact  to  the  presiding  Judge 
of  the  Court  where  he  was  convicted. 


CHAPTER  II. 

HEALTH.  HOSPITALS.  INFKCTIOX  AND  QUARANTINF,. 


Section. 

1315.  Who  may  establish  hospitals. 

1316.  Regulation  of  quarantine. 

1317.  Quarantme  grounds. 

1318.  Removal  of  vessels  thither. 

1319.  Escai^ing  quarantine. 

1320.  Bills  of  health,  &e. 

1321.  Inland  travelers. 

1322.  Duty  of  Pilots. 


Section. 

1323.  Persons  on  board  of  vessels. 

1324.  Proclamation  as  to  contagions. 

1325.  Violation  of  quarantine. 

1326.  Concealment  of  small-po.'c,  &c. 

1327.  Fines,  &c. — how  disposed  of 

1328.  Quarantine — how  certified. 

1329.  Fees  of  health  officer — how  paid. 


PT.  1.— TIT.  15.— Polk  K    ! in,  ;u nations,  6:r.  255 

Chapter  '2. — Honltli.  Hospitals.  InlcL-tion  and  Quarantine. 


§  1315.  The  corporate  authorities  of  any  city  or  town  may  es-  city  copom- 
tablish  in  them,  respectivelv,  or  in  the  vicinity  thereof,  hospitals  may  estab- 

'  J-  .       •'  '  .    •  '  ^  lish  hospit- 

or  pest  houses,  to  be  subject  to  sucli  reguhitions,  not  contrary  to^''-' 
law,  as  such  corporate  authorities  may  mal<o,  to  prevent  the 
spread  of  infectious  oi-  contac;ious  diseases,  but  in  all  cases, 
where  such  authorities  of  n  town  may  establish  liospitals  or  pest 
houses  out  of  their  own  jurisdictional  limits,  such  establish- 
ments shall  be  only  on  land  ac(|uired  by  such  corporation  for  pro- 
tection againt  the  spread  of  disease  within  its  own  limits;  in  all 
other  cases  the  Justices  of  the  Inferior  Court  of  each  county,  i-e- 
spectivcly,  are  vested  with  the  power  to  establish  such  hos]»itals 
and  make  such  regulations. 

^1316.  The  corporate  authorities  of  such  town  nuiv,  from  time  Onarantm.' 

•  Ml  •  11  '  — how  pro - 

to  time,  prescribe  the  quarantine,  to  be  observed  bv  all  vessels  smbca  ami 

.    .  .,.        Ill  ...  ,  ,  ■  reffulat<»<1. 

arriving  M-ithm  the  harbor  or  vicinity  ot  such  town,  and  regula- 
tions therefor,  not  contrary  to  law,  and  such  regulations  mav  ex- 
tend to  all  persons,  goods  and  effects,  arriving  in  such  vessels,  and 
to  all  persons  going  (Ui  board  of  the  same.  Any  person  violatini:- 
such  regulations,  or  any  of  them,  after  personal  notice,  or  after 
other  notice  thereof,  given  for  live  days,  in  such  manner  as  mav 
be  prescribed  by  such  corporate  autlutrities,  or  in  the  al)sence  of 
any  mode  so  prescribed,  by  notice  i^f  sncli  regulation,  for  tivr 
days,  in  some  newspaper  in  such  town,  or,  where  there  is  no 
newspaper,  by  notice  posted  up  at  some  ]mblic  ])lace  in  such 
town,  for  the  same  length  of  time,  shall  bo  guilty  of  a  misde- 
meanor, and  on  conviction  thereof,  shall  be  lial)lc  to  tine  of  not 
more  than  five  hundred  dollars;  Provided,  nothing  herein  con- 
tained shall  prevent  the  infliction  by  the  corporate  authorities 
having  power  to  pass  ordinances  or  Ijy-laws,  of  such  other  pen- 
alty, not  exceeding  one  hundred  dollars  tine,  in  lieu  of  the  pen- 
alty first  above  named,  as  may  be  prescribed  in  any  such  ordi- 
nance or  by-law. 

§  1317.  Any  town  may  establish  a  quarantine  ground  therefor 
at  any  place  within  the  harbor,  if  a  seaport  town,  but  in  such  ground- how 

,,.,,.  -.I     ,1         .    1  ,         ,.        .  established. 

manner  as  not  to  mteriere  M'lth  the  rights  ot  private  property ; 
and  the  jurisdiction  of  the  corporation  of  Savannah  shall,  in 
cases  of  quarantine,  extend  to  all  ships  and  vessels  which  shall 
enter  at  any  port  or  inlet  from  Ossabaw  sound  to  Tybee,  includ- 
ing all  inlets,  rivers,  and  creeks  within  those  limits. 

§1318.  The  health  officer,  or  visiting  physician  of  such  town  b/romov'cd 
may,  under  the  direction  of  the  corporate  authorities,  cause  any  thie"^'^nd. 


256  PT.  1.— TIT.  15.— Police  Kegulations. 


Chapter  2. — Health.  Hospitals,  Infection  and  Quarantine. 


vessel  arriving  therein,  or  in  the  vicinity,  if  the  vessel  or  cargo  is, 
in  liis  opinion,  so  foul  or  infected  as  to  endanger  the  public  health, 
to  be  removed  to  the  quarantine  ground,  or  other  proper  place, 
to  be  inspected,  and  any  inaster  seaman,  or  passenger,  belonging 
to  any  vessel  supposed  to  have  an}-  infection  on  board,  or  from  a 
port  where  any  dangerous  infectious  disease  prevails,  refusing  to 
answer,  on  oath,  such  inquiries  as  may  be  made  by  any  liealth 
officer,  relating  to  any  infection  or  disease,  shall  be  guilty  of  a 
misdemeanor,  and,  on  conviction,  shall  be  lial)le  to  })ay  a  fine  of 
one  hundred  dollars, 
rei-souses-       §  lol9.  If  auv  person,  ordered  to  perform  (juarantine,  shall  es-~ 
.attempting   capc,  auv  Justice,  on  conq)laint  thereof  on  oath,  may  issue  his 
quM-antine    Warrant  to  the  Sheriff,  Constable  or  town  marshal,  to   arrest  and 
wiUi.      '    deliver  such  person  to  the  custody  of  the  officers  of  the  quaran- 
tine, and  any  person  attempting  to  escape  may  be  forcibly  de- 
tained at  the  place  of  quarantine  by  such  officers. 
Master  of         §  1320.  The  niastcr  of  any  vessel,  ordered  to  perform  quarantine, 
^eifver  ^f '  sliall  deliver  to  the  officer  appointed  to  see  it  performed,  his  bill 
of  health,  .tc.  ^j.  i^gjjjii^^  j^j^fj  manifest,  log-book  and  journal ;  if  he  fails  to  do  so, 
or  to  repair,  in  proper  time  after  notice  to  the  quarantine  ground, 
or  shall  depart  thence  without  authority,  he  shall  be  guilty  of  a 
„    „  ..     misdemeanor,  and,  on  conviction,  sliall  he  lined  in  a  sum  not  less 

Penalty  tor  '  ' 

■iefauit.        than  two  liundred  dollars. 

Inland  trav-  §  1321.  Auv  pei'soii  comiiig  iiito  town,  by  land,  from  a  place 
pelildTo"  infected  with  a  contagious  disease,  may  l)e  compelled  to  perform 
quarTnTinc.  <|uarantine  1)y  the  liealth  officer,  under  the  direction  of  the  cor- 
porate authorities,  and  restrained  from  traveling  until  discharged, 
Ponauvior  ^^^^  '^^^^'  persou  tlius  restrained,  traveling  bcfore  lie  is  discharged, 
^jTaMmhie^  shall  be  guilty  of  a  misdemeanor,   and,   on  conviction,   may  be 

fined  in  a  sum  not  exceeding  one  hundred  dollars. 
Duty  of  pi-       §1322.  It  shall  be  the  duty  of  any  pilot,  before  entering  on 
'nterfng'ou  hoai'd  of  any  vessel,  to  make  strict  inquiry  of  every  master  or 
commander  of  the  same,  as  to  the  state  of  health  in  such  vessel, 
and  in  case  it  be  found  that  any  malignant,  contagious  or  infec- 
tious disease  is  on  board  such  vessel,  such  pilot  shall  not  enter 
therein,  under  the  penalty  of  one  hundred  dollars,  and  removal 
from  office,  and  any  such  master  or  commander  refusing  to  an- 
swer any  such  reasonable  inquiry,  or  giving  false  information  in 
answer,  may  l)e  fined  in  a  sum  not  exceeding  fi^'e  hundred  dollars. 
i^  1323.  'No  person  being  on  board  such  ship  or  vessel,  in  which 
such  disease  shall  exist,  or  whilst  such  ship  or  vessel  is  perform- 


board  of 

vespc 


TT.  1.— TIT.  15.— Poi.i.  K  KKOILATI..NS,  cVrc.  257 


Chapter  2. — Health,  Hospitals.  Infection  and  Quarantine. 


ing  quarantine,  shall  come,  or  be  pennitted  to  come  on  shore,  or  Persons  on 
land  ]fi?Oni  .-iuch  vessel,  without  ]>ennission  from  the  proper  an- seis  shairob- 

1         •  i  11  1 ,  i'  j^  1     •  •  IT      serve  qn.ir- 

thoritv,  nnder  tJie  penalty  ot  line  and  imprisonment,  at  the  <ns-antinr. 
(•retion  of  the  court,  and  any  person  ooing  on  l)oard  such  vessel, 
(except  the  health  othcer  or  visiting  physician.)  and  returning 
without  such  permission,  shall  he  lialile  to  the  same  penalty, 
j^  lo24.  Tlie   (Tovenmr  of  this  State  mav.  hA-  proclamation. 

.  '  ''  Pi-oclaniii- 

whenever  he  shall  deem  it  necessarv.  o-ive  sncli  nrdei's  t<»  prevent ''""•'*■  <^'- 

^        ,  •      "-  '  ornor  as  to 

the  spread  of  contao-ious  or  infectious  diseases  within  tlic  State, '""t^s^o"'' 

^  •-  (lif  eases. 

and  make  such  appointment>  and  regulation-  concerning  the 
>anie,  as  shall  by  him  be  deemed  proper,  and  be  stated  in  such 
proclamation,  and  any  ])erson  violating  sucli  orders  or  regula- 
tions, may  1h'  fined  (»r  imjirisoned  at  tlic  discretion  of  anv  court 
having  jurisdiction. 

^1325.  Anv  i»ei'son  coiniuir  into  this  State,  bv  land   or  water, 

,  .  *  '  Aiolalors  of 

from  anv  ])lace  infected  Avitli  contagious  diseases,  and  in  violation  qufimntim. 

^  •     •"_  may  be  in- 

of  cpiarantine  regulations,  may  be  indicted  in  any  county  in  which  '''''^''^• 
he  may  be  found,  and,  on  conviction,  1>e  lined  in   a  sum  not  ex- 
<'«eding  tive  hundred  dollars,  and  V»e  imprisoned  in  tlie  common 
jail  at  the  discretion  of  the  court. 

§1826.   Anv  phvsician.  or  other   i»crs(»n.  Mh<»   shall   conceal  a„ 
<?ase  of  small-pox,  or  varioloid,  or  any  modification  of  the  ^ame,  ^^;^^|"|^^. 
within   any  incorporated    city,  town,  or   in   any   countv   in   this '"''''''^'*''' • 
State,  by  not  giving  innnediate  notice  thereof  to  the  Mayor.  In- 
tendant  or  health  officer,  or  Justices  of  the  Inferior  Court,  may 
be  indicted  and  fined  in  a  sum  not  exceeding  five  hundred  dollare, 
or  imprisoned  at  the  discretion  of  the  court. 

§1327.  All  lines  and  forfeitures  arisiuff  out  of  the  violation  of 

-  .  "^  Fines  lur  vi- 

anv  quarantine,  or  other  sanitarv  reirulation,  shall  be  paid,  after  "'"ting 

,    \  ,  ■,  »  <_  1  .  quarantine 

deductmo:  the  proper  expense  ot  collection,  into  treasurv  of  the -^o''''"*- 

*-  -^        ^  -^  •  posod  of. 

city  or  county,  and  may  be  expended  in  aid  of  the  quarantine 
and  other  sanitary  laws,  and  towards  the  support  of  the  poor 
thereof, 

§1328.  It  shall  l)e  the  duty  of  the  health  officer  of  any  i>ort,  or  i^rform 
the  authorized  visiting  physician  thereof,  after  a  vessel  shall  have  a"tine-how 
duly  performed  quarantine,  to  give  a  certificate  thereof  to  the  *^'''^'''''^" 
master  or  commander,  under  a  penalty,  for  every  refusal,  of  one 
huudred  dollars,  and  in  case  of  such  refusal,  or  of  there  being  no 
such  health  officer  or  attending  physician  of  the  ])ort  or  place, 
such  certificate  shall  be  granted  by  constituted  authorities  of  such 
pc^rt  or  place,  the  fee  for  sucli  certificate  shall  be  two  dollars  for 
17 


258  PT.  1.— TIT.  15.— PoLioK  RectUlations,  &-c. 


Chapter  'J. — Health,  Hospitals.  Infectiou  and  Quarantine. 


Fees  for  cer- every  vessel  of  more  than  two  hundred  tons,  and  one  dollar  for 


tiflcate, 


every  vessel  of  not  more  than  two  hundred  tons. 


Fees  of  §1321>.  For  visiting;  any  vessel,  wlien  required,  and  ijrantino;  a 

oe^_by    '   certificate  of  the  health  of  the  crew  and  passengers  on  board,  the 

w  lom  rau .  ^.^^  ^^.  ^j^^  iiealth  officer,  or  visiting  physician,  to  be  paid  by  the 

master  of  such  vessel  before  she  shall  be  permitted  to  enter,  shall 

be  tAvo  dollars,  coasting  vessels  coming  from  one  inlet  in  the 

State  to  another  inlet  in  the  same,  exce})ted. 


CHAPTER  III. 

FRKK    XKC'.ROKS    L.VXDTXa    FROM    VKSSELS    AXD    HKRKIX    OF    FRKK 

XK("rRO  SEAMEN. 

Sectiox.  Section-. 

1330.  Penalty  for  landing  free  necrroes.  *   1334.  Penalty  for  landing  without  leave. 

1331.  Forteiture — how  enforced.  j   1335.  Colored  seamen  leave  with  vessel. 

1332.  ''Free  negroes"  delined.  ,   1336.  Failing — must  leave  the  State. 
13:;:;.  Leave  to  land  colored  seamen.  133".  Power  of  City  Council.^  Ac. 

penRity  §  1380.  All  Acssels  comiug  into  any  port  of  this  State,  or  over 

sffsTandins  the  bar  thereof,  having  on  board  a  free  person  of  color,  not  a 
withfree  ne-  ggg^^-^rian,  uor  iu  good  faitli  otlierwisc  employed  on  board  in  some 
way  necessary  to  navigation,  the  masters  thereof  forfeit  the  sum 
of  two  thousand  dollars  for  each  free  negro  so  brought. 
Forfeiture—      §  1331.  Said  forfeiture  is  recoverable  by  libel  or  by  the  attach- 
forced."       ment  writ  of  this  State  (sucli  being  here  made  a  ground  for  its 
issuing  upon  a  compliance  with  its  other  requisitions)  on  the  of- 
fending vessel  and  every  thing  appertaining  thereto,  (for  which 
said  property  is  l^ound  before  any  other  lien)  or  by  suit  against 
the  master,  or  by  Ixjth  proceedings  at  once  in  tlie  name  of  the 
corporation  or  county;    upon  information   one-half  of  the  for- 
feiture goes  to  the  informer  the  other  to  the  Educational  Fund  of 
the  county.     The  white  person  so  oiiending  is  also  subject  to  in- 
dictment, and  on  conviction  to  be  imprisoned  not  longer  than  six 
months. 
whoarefree     ^1332.  jSTcgrocs  ouce  slaves  who  have  M'ith  their  owners'  con- 
thfmean?ng  sent  left  tliis  State  to  reside  in  a  State  or  county  where  slavery 
of^this  chap- .g  ^^^   tolerated,  to  become  free,  and  free  negroes  who  have 
changed  their  residence  to  any  State  are  within  the  provisions  of 
this  chapter  and  cannot  return  hither.     Persons  M^ho  bring  such 
interdicted  negroes  into  the  State  by  any  other  means,  are  liable 
to  such  suits,  indictments  and  forfeitures.  «^ 


PT.  1.— TIT.  15.— roLICK  RE..ULATIONS,  *fec.  259 


Chapter  3. — Free  Negroes  Landing  from  Vessels,  kc. 


g  1333.  The  master  or  owner  of  every  vessel  of  anv  descrip- Masters  of 
tion  arriving  in  this  State  from  anv  ports  whatever  (except  from  port  aii  free 

,,  ,     ^         ,.  1   i-«i       •  1  1      n    •  T         1  1       negroes  em- 

ports  111  bouth  Carohna  and  llorida)  shall  iinmediatelv  npon  tlie  p'oy^d  on 

•       1        •  1  1        -\  r  1  '  board  an(i 

arrival  ot  such  vessels  report  to  the  Mavor,  or  other  ;iuthoritv,  at<>btain  pas»- 

'        .       .  '  portn. 

the  place  of  arrival,  the  name,  ai>:e,  description  and  capacity  of 
every  free  })erson  of  color,  descended  from  neijroes  and  mulat- 
toes,  employed  on  hoard  such  vessel,  and  to  ohtain  a  passport 
from  such  authority  to  permit  such  person  of  color  to  land,  it 
being  within  the  discretion  of  such  Mayor  or  other  authority  to 
grant  or  refuse  said  passport. 

§  1334.  In  case  such  a  free  person  of  color  shall  l)e  found  on  penalty 
shore  without,  such  passport,  or  in  contravention   of  any  law  of  tfrs  for  ai^ 
this  State,  he  shall   be  imprisoned  until  the  departure  of  said oa'sho^'^'^'^ 
vessel,  and  the  master  and  owners  of  such  vessel  sliall  be  jointly  passports. 
and  severally  liable,  in  a  sum  of  not  more  than   one  thousand 
dollars  for  each   })erson  of  color  so  ])ermitted  to  land,  to  be  re- 
covered in  any  Court  of  this  State  having  jurisdiction,  at  the 
instance  of  such  Mayor  or  other  authority,  to  be  paid  into  the 
treasury  of  the  city  c»r  town  where  such  landing  occurs, 

§  1335.  When  any  vessel  is  ready  to  depart,  the  captain  of  said  Master  must 
vessel  shall  l)e  bound  to  carry  away  said  free  person  of  color, m^ola^ 


and  to  pay  his  expenses,  and  in  case  of  refusal  to  do  either  he  thTvels'ei. 
shall  forfeit  and  pay  the  sum  of  live  hundred  dollars,  to  be  re-"'*'*''''"'" 


ion. 


covered  by  indictment  in  the  Superior  Court  of  the  county 
where  such  offence  n>ay  be  committed,  and  shall,  moreover,  suf- 
fer imprisonment  in  the  common  jail  for  any  term  not  exceeding 
three  months ;  Provider/,  nothing  herein  contained  shall  extend 
to  any  negro  or  person  of  color  employed  on  board  any  national 
vessel  of  war. 

§133(5,  Every  person  of  color  as  aforesaid  who  shall  not  dc- y^eo  negroes 
part  the  State,  in  case  of  the  captain  failing  to  carry  him  away,  Jlifns^S' 
within  ten  days  after  the  vessel  in  which  he  came  sliall  have  de-s^ur""" 
parted,  shall  be  disi)osed  of  as  hereinafter  set  forth,  but  the  pro- 
visions aforesaid  shall  not  apply  to  any  such  free  negro  or  person 
of  color  arriving  within  the  limits  of  this   State  by  shipM'reck, 
stress  of  weather,  or  other  unavoidable  accidents,  until  one  month 
•after  such  accident,  but  such  authorities  shall  take  proper  mea- 
sures to  prevent  communication  by  said  person  with  colored  per- 
sons in  this  State. 


260  TT.  1.— TIT.  15.— F«.LicK  lii-uiULATioN>.  A:<. 

Chapter  '■'>. — Free-  Neproes  Ijindiiijr  from  Vessels.  it<'. 
Power  of         §1337,  Tlie  Citv  Couiicik  or  corporate  authorities  of  the  citio- 

CityCoun-  '-  .     -  .       o  t         •  •     i         t     <>     •         ^ 

.n8,&c.,ove.  ,»]•  towHif  OT  tliis  !>tate,  or  Justices  ot  the  Interior  Court,  in  the 

The  sabjei-t  i        •        i   i 

mattcrof  ahseiicc  < "t  siu'li.  are  uuthoi-i/.ed  l)v  ordinance,  or  otherwise,  to- 
make  such  other  rules  and  reiiulations  as  may  he  necessary  for 
rarrving  the  foreiroins:  provisions  in  tlieir  true  intent  into  fulli 
f'it"e<-t,  so  that  tlie  sanic  he  jiot  coiitrarv  to  law. 


CJIAPTKK  IV. 

J'HVSICIANS  AXn  ]»Rr(;(;)STS. 

Skction.  Skctiox. 

i:',y,S.  "Who  may  practice  luodiciiie.  l;j4G.  Feualty  for  illejiul  i)raclicf. 

1  ;;.'!',*.  Allopathic  iledical  Boanl.  i:U7.  Defendant  mns^t  show  authority. 

1340.  Duty  of  the  Board.  l.'US.  Board  confined  to  lis  school. 

ll'4].  Temporary  license.  l.^iO.  Licen.se  fee. 

1.342.  Record  of  Board  evidence.  1350.  AVhat  physicians  e.vcnipt. 

1343.  Quorum  ol  the  Board.  1351.  Druggist  must  obtaiu  license.. 

1344.  Reformetl  Medical  Board.  1352.  Must  show  his  authority. 

1345.  Present  Boards  contiinu-<i.  1353.  Who  are  exempt. 

whonm-         ^1838.  Anv  white  person   who  ha-s  received^  a  diidoma  froiu' 
riiodirine.     aiiv  Mcdical  Colleije  of  th^ Confederate  Statesyvithout  reo-ard  to- 
thescliool,  arc  authorized  to  practice  to  the  extent  of  the  powers  giv- 
en in  said  diploma,  suhjcct  to  the  provisions  hereinafter  set  forth.. 
§  1839.  There  is  estahlishcd  in  this  State  a  Board  of  Physicians 
of  the  Alloi»athic  School.  \vh<»  liavt-  the  authority —  * 

/      /'Authority  oc     1-  To  meet  annually,  or  ofteucr.  at  the  call  of  any  three  of" 
^^sicL-lns.  their  nnmher  at^sucli  ]>lacc  in  this  State  as  a  majority  may  selecrt) 
[rr-<«^.^A^ .  •  Thirty  days'  notice  must  he  liivcn  of  annual  meetiiiiis. 

*i.  To  elect  all  oihcer.-  and  to  till  all  vacancies. 
8.  To  he  a  hody  corp<»ratc,  with  the  right  to  e.\erci>e  all   the 
powers  usual  in  such  associations  that  are  necessary  r<<  their  or- 
ganization, if  in  conformity  to  the  constitution  and  law>. 

4.  To  grant  licenses  to  all  applicants  who  under  the  law  are 
entitled  thereto,  and  to  iix  the  fee  therefor  when  not  fixed  hy 
law. 

i).  T(»  ])it^crihe  a  course  of  reading  t(»  those  who  s>tudy  medi- 
cine under  private  instruction,  which  shall   he  ohligatory  upon 
all  who  may  a}>|:)ly  to  the  hoard  for  cxaminati<in. 
ii  1840.  Jt  is  their  dutv— 

r>uly   ot  th"         •' 

Boardoi  {    To  irnuit  licenses  to  practice  to  all  ohvsicians  who  in'esent 

^    •  their  diplomas  without  examination. 


PT.   1.— TIT.  ir).— JPOI.U  K    JvK<-;UI.ATIOXS,  iki.  '-!61 

Chapter  4. — Physicians  and  Druggists. 


2.  To  (rrant  such  licenses  to  all  other  persons  who  undergo  a 
-satisfactory  examination , 

3.  To  grant  license  to  practice  in  any  particular  branch  ot 
medicine,  or  to  treat  any  particular  form  of  disease,  if  satistied 
upon  the  examination  that  the  applicant  is  thns  competent. 

4.  To  grant  licenses  to  apothecaries  u])on  their  standing  a  sat- 
dsfactory  examination  a'^  t^>  tlieir  knowledge  «>f  drugs  and  phar- 
macy. 

5.  To  keei»  '^  hook  in  which  shall  l>e  entered  tlic  names  of  eve-  wmt  drass. 
ry  person  licensed  to  practice  or  vend  drugs,  and  the  extent  of 

the  license,  i  •- 

§1341.  One  member  of  said  Iwiard   may  grant  a  license  U)  an  iv,„p<,Mry  /. 

applicant Qvho  has  a  diplonuQto  ]>ractice  until  the  next  regular  rn^gl^tS*'' 
meeting  of  the  board,  when  lie  shall  report  the  fact,  at  which 
time  the  temporary  license  is  at  aii  end.  but  such  a  license  shall 
not  be  granted  by  a  member  after  the  board  has  refused  one. 

§1342.  The  bc»ok  so  ordered  to  be  kept,  is  a  book  of  record,  iv.,ns<Tipt of 
aiul  a  transcript  from  it,  certitied  to  by  the  officer  who  has  it  inm,„ipovi- 
keeyting,  under  the  connnon  seal,  shall  be  evidence  in  any  Conrt 
•of  this  State. 

S  lo43i  Seven  members  of  said  b(»ard  constitute  a  (luorum  for  (Quorum  of  "T^ci 

'-  ^^ —         ,-^  \  the  boanl.  —J' - 

the  transactH:)n  of  business,  and  should  a  <,pu»rum  not  be  present 
on  a  day  appointed  for  its  meeting,  those  ])resent  may  adjourn 
from  day  to  day  until  a  quorum  is  ]u-esent. 

§1344.  There  is  also  established  a  Board  of  Physicians  of  the  Authority 

and  dutv 

Reformed  Practice  of  Medicnie,  who  have  the  same  authority,  of  Board  of 

Physician*. 

3\nd  must  j>erform  the  same  duties  herein  before  set  forth.  ''«<•• 

§134.*).  The  i^ersons  and  number  of  iicrsoiis  t-oustitutini;'  l>oth  present 

»        ■  T   1  IT  •  •    1  •  1  •  1      n   i.1       hoards  cou- 

ot  said  boards  at  the  adoption  <»t  this  Code,  continue,  and  all  tlietinued. 
provisions  of  their  respective  charters  arc  likewise  preserved,  if 
not  lawfully  altered  herein. 

§1346.   Any  person  who  shall  practice  surgery,  or  in  any  man-  ivnaitytor 
ner  prescribe  for  the  cure  of  diseases  for  fee  or  reward,  in  viola- proviMons  of 

,,  .,  ..  ,•!•         1  iniTii  'Ti    ''"**  chapter. 

lation  ot  the  provisions  ot  \\\\<  cliapter.  shall  be  liable  to  indict- 
ment, and  on  conviction,  shall  l»e  lined  not  exceeding  five  hun- 
dred dollars  for  the  first  ofience,  and  for  the  second,  imprisoned, 
not  more  than  two  months;  one-half  of  the  fine  to  inure  to  the 
informer,  the  other  to  the  Educational  Fund  of  the  county. 

§  1347.   On  the  trial  of  such  indictment,  it  is  incumbent  on  the  jjurdonof 
defendant  to  show  that  he  has  authority  under  the  law  to  prac- pany  in"  foT 
tice  physic  and  surgery,  to  exempt  himself  fn»m  such  ])enalty.      ^' ' 


262  l-T.  1.— TIT.  15.— PoLicK  Regulations,  6zc 


Chapter  4. — Physicians  and  Druggists. 


Power  of         §1348.  Xeitlier  board  can  license   persons  to  practice  in  a 

each  Doard      ,  ■  -i  r    j  •    •  i  -ji- 

confined  to   bciiool  ot  JMcdicine  diiierent  from  tlieir  own.     Physicians  lielono-- 
live  scbooie.  mg  to  a  ocliool  ot  Medicine  not  re])resented  by  a  Board  of  Phy- 
sicians, may  practice  under  their  diplomas  alone,  and  if  they  have 
none,  are  liable  as  thongh  they  had  no  license,  and  \vere  required 
to  haye  them. 
LiceBBc  foe.      g  y^^c^    rpj^^  ^.^^  ^.^^^,  liccuces  obtained  on  diplomas  shall  not  ex- 
ceed tiye  dollars,  and  on  examination  shall  not  exceed  twenty-five 
dollars. 
01''^       Spt""'        §  135<-^-  Physicians  who  were  in  practice  prior  to  the  twenty- 
fourth  of  December,  1847,  are  exempt  from  all  the  in*oyisions  of 
this  chapter. 
•<<«/f.,.iSlJbtein      §1351.  No  person  in  this  State,  except  a  licensed  physician, 
^  Jhf,  f^^  '       shall  vend,  or  expose  to  sale,  any  drugs  or   medicines^)  ^yithout 
^,  rr  iirst  obtaining  a  license  therefor  from  one  of  said  boards. 

^       SSflmuBt"     §  1352.  Any  person  violating  the  preceding  section  is  liable  tc> 
thority!*  *°"  i^^i^'t^^^"^^  and,  on  conviction,  to  be  fined  not  less  than  one 
thousand  nor  more  than  five  thousand  dollars,  and  for  a  continua- 
tion after  said  conviction,  to  the  like  fine,  and  imprisonment  not 
exceeding  six  months.     The  onus  of  proof  is  upon  the  defendant 
to  show  his  authority. 
frie^tf  aie°ex-      ^  1353.  Druggists  are  exempt  from  obtaining  said  license,  who 
empt.         were  engaged  in  said  l)usiness  prior  to  twenty-fourth  December, 
1847,   and  who  continue  so,  at  the  adoption  of  this  Code,  and 
merchants  or  shop  keepers  may  deal  in  medicines  already  ]")re- 
pared,  if  patented,  or  if  not  })atented,  are  legally  warranted  by  a 
licensed  druggist. 


Z^^' — '^■^^'  ^^' — CHAP.  5. — Police  Regulations,  &c.        263 
Article  1. — Patrol  Laws. 


CHAPTER  V. 

THI-:  GOVERNMENT  OF  SLAVES  AND  KRE1-:  NEGROES. 
Article  1. — Patn.l  laws. 
Article  2. — Otlier  police  regulations. 


ARTICLE  I. 

PATROL  LAWS. 

SECTiON.  SeCTIO.V. 

1354.  Patrol  Coin.nissionors.  1362.  Patrol  must  keep  arms,  Ac 

1355.  Their  oath.  1..6:i.  D„,v  of  patrol.. 

1356.  Mu.t  organize  eo.npanies.  1364.  Re,,uimtes  of  slave's  permit. 

?r«  n  T' ,"'''''''"'  ''^^'''"'-  ' ^^'-  ^««-^'-  «f  P^t'-ol  ««  to  searches. 

UoS  Defeult  01  otlioer._how  punished.  i;j60.  May  seize  weapons  on  slaves,  &e 

.,59.  I-efaulters  to  be  reported.  1367.  When  master  may  arm  slave. 

o60.  Penalty  for  opposing  patrols.  1368.  Free  negroes  subjeet  to  patrol 

1. 501.  \M  10  are  subjeet  to  patrol  duty. 

§1354.  TI.e  Justices  of  the  Inferior  Courts,  in  the  mouth  of  con,n.ia- 
JNoveni  ,er,  annually,  and  before  the  tenth  day  thereof,  shall  ap-SoI-h:. 
point  tln-ee  citizens  iii  each  militia  district  to  act  as  commission- """*"*''' 
ers  ot  patrol;  they  are  to  be  notified  of  their  appointments,  and 
to  be  deemed  as  accepting,  and  vacancies  are  to  be  supplied,  as 
in  the  case  of  road  commissioners. 

§1355.  Such  commissioners,  within  tifteen  days  after  notice  ofoathofco.n- 
appointment,  shall  appear  at  the  ourt  house,  and  before  tJie  ""*"""• 
Clerk  of  the  Inferior  Court,  take  an  oath,  faithfully  to  dischar-c 
their  duties,  M-liich  fact  said  Clerk  shall  enter  on  his  minutes    " 

§13o(>.  They  shall  also,  within  five  days  from  their  qualifica- sba.i  .a.e 
v.ion,  make  out  a  list  of  all  persons  in  their  several  districts  liable  SSp.^,' 
to  do  patrol  duty,  and  organize  from  said  lists  two  or  more  com- 11  i! '""''" 
l>anies,  not  having  more  than  ten  in  each  companv,  and  shall  lav 
ofT  said  districts  into  as  many  divisions  as  they  shall  organize^ 
companies,  assigning  to  each  company  its  division,  makinrr  a  re- 
cord ot  all  such  in  a  book  kept  for  that  purpose.     No  companv 
shall  be  compelled  to  i.erform  patrol  duty  out  of  its  division,  un- 
less called  on  to  «id  another  companv,  when  needin<r  it 

§1357.  They  must  select  some  discreet  person  as  Captain,  from  „,.„, 
and  tor  each  company,  who  shall  be  of  good  moral  character,  and -r^^Z";- 
not  less  than  twenty-five  years  old,  who  must  be  notified  of  his-;-^r" 
appointment  m  writing,  within  .ten  days  after  it  takes  ~])1  ace ;'"'"'"'■ 


264        PT.  1.— TIT.  15.— CHAP.  5.— Police  Keglj.ahu.n.-.,  ct. . 

Article  1. — Patrol  Law3. 

siicli  notice  must  be  accompanied  M'ith  a  list  of  tlie  persons  be- 
longing to  liis  company.     A  notice  of  one  day  to  a  member  of  a 

*  company,  verbally  or  in  writing,  of  the  time  and  place  he  is  re- 

quired, is  sufficient,  but  in  cases  of  emergency  he  shall  go  in  a 
shorter  time,  and  immediately,  if  so  required. 

ivnaiiy  lor       §  1358.  If  auv  Commissioner  fails  to  discliar2c  the  duties  re- 

defaultof  :,.,.'.,  ,  i         •  "^i        -,        ,.  ■,  . 

commission- (juired  «>t  luni,  Avitliout  goocl  excusc.  to  be  ]udged  of  by  such 
-histices,  he  shall  be  lined  not  e.xceeding  one  hundred  dollars,  for 
such  failure.  If  the  captain  t»f  a  company  thus  fails,  he  shall  l>e 
fined  by  the  commissioners  not  exceeding  twenty-tive  dollars  for 
evei'Y  such  failure.  If  any  member  of  a  company  fails  to  attend, 
after  notice,  at  the  time  and  place  designated,  armed  and  equip- 
ped as  directed,  or  evades  his  duty,  or  is  insubordinate,  or  deports 
himself  insolently  to  the  ca])tain.  wliile  on  duty,  <>r  otherwise  vio- 
lates the  patrol  law,  he  shall  be  fined  not  more  tlian  ten  dollai'B 
for  every  such  failure  or  offence. 

Captains  ^1351.*.  The  captains  shall  reytort  all  delinciuencies  to  the  corn- 

must  report        .".  .■,.  i-ii 

rtc-fauiters.  missioncrs.  Within  twenty  days  after  they  occur,  which  shall  be 
heard  and  determined  by  them  in  the  same  manner  as  road  com- 

Kincs— how  "lissioners  do  in  case  of  defaulters.     All  fines  collected,  after  pay- 

disposed  01.  -j-jg.  expenses,  if  any,  shall  be  paid  to  the  Educational  Fund  of 
the  (county. 

Penalty  for       §1360.  If  anv  persou  shall,  l»v  force,  or  otherwise,  oin)ose  any 

opposing  ■     ^  '       ,  V  •      1         1   1 

patroUom-  patrol  coiupaiiv,  or  anv  meml>er  of  one,  Avhile  enn'ao'ed  in  lawtul 

pmies  in        -^  ^  i  t*^ 

discharge  of  dutv,  or  prevent,  or  endeavor  to  prevent,  anv  search  or  examina- 
tion  l)eing  made  of  any  house  or  place,  where  it  may  be  reasona- 
l)ly  suspected  that  any  negro  liable  to  l)e  punislied,  or  apprehen- 
ded, may  be  concealed,  oi-  shall  annoy  or  menace  such  company, 
or  its  members,  Mdiile  in  the  perfoi'inance  of  patrol  duty,  he  is 
subject  to  indictment,  and,  on  conviction,  shall  l»e  fined  not  ex- 
ceeding one  hundred  dollars;  for  a  second  offence  may  be  im- 
prisoned not  exceeding  sixty  days,  as  well  as  fined. 
Who  an-  §1361.  All  male  wdiite  persons  between  the  ages  of  sixteen  and 

pat?ofduty.  sixty  are  subject  to  patrol  duty,  (unless  specially  exempted,)  and 
shall,  by  themselves  or  by  substitute,  perform  patrol  duty.  Per- 
sons exempt  from  road-working  are  exempt  from  patrol  duty,  ex- 
(•ept  in  cases  of  emergency,  when  all  persons  are  subject  to  the 
call  of  the  captain  or  commissioners. 
I'atroimust  §1362.  A  pcrsoii  so  subject  shall  keep  always  in  readiness,  and 
and^ammu-  caiTy  witli  him,  ou  servicc,  one  good  gun  or  pistol  in  order,  to- 
o-etlier  with  at  least  six  rounds  of  ball-cartrido;es. 


PT.  1.— TIT.  i:..— CHAF.  :>.— Police  REGULAxroxs,  &.■.        265 

Article  1  — Patrol  Laws. 


§1368.  The  patrols  shall  examijie  the  plantations  in  their  cli-i>utrofpat- 
Visions  at  such  tunes  as  their  discretion  may  dictate,  but  at  least 
•one  day  or  night  in  fifteen ;  shall  take  up  all  slaves  they  see  ott" 
their  master's  premises,  if  they  know  them,  and  when  thev  do 
not  knoAv  them,  or  they  are  not  (»n  such  premises  :  all  slaves  with- 
out the  fences,  or  outside  the  limits  of  an  incorporated  town,  who 
have  not  some  permission  in  wricing  to  be  alisent.  or  some  other  » 

writing  or  evidence  showing  the  reas(>nablcnes>  of  the  absence, 
or  M'lio  lune  not  some  white  person  in  com]>any,  or  who  can  give 
no  good  account  of  themselves.  They  shall  correct  such  slaves  by 
whipping  with  a  switch,  Avhip  or  cow-skin,  not  exceeding  twentv 
lashes,  and  in  such  a  manner  as  not  to  injure  or  permanently 
mark  liis  Ixxly.  Ff  the  slave  is  insolent  or  unruly  after  such 
■chastisement,  the  patrol  sliall  carry  him  to  his  master  or  emplov- 
er,  and  all  further  ■\vhij)piiig  shall  be  in  his  presence.  If  he  re- 
fuses to  allow  him  whipped,  he  shall  be  carried  to  a  Justice  of 
the  Peace,  and  all  further  whij^])ing  sluill  be  under  his  direc- 
tion. 

§1364.  A  ]»ermit  to  a  slave  sliouhl  sj)ecifv  the  place  or  places ^.j^^^^, 
where  he  is  allowed  to  visit,  and  the   length   of  time  he  is  per-^^'*^'^* 
mitted  to   be  absent.     No  permit   shall  extend   over  a  greater 
length  of  time  than  one  month.     A  slave  at  the  house  of  his  wife, 
by  permission  of  her  master,  needs  no  ]>ermit.     A  free  person  of 
<'olor  needs  no  permit  in  the  day  time. 

§  1365.  The  patrols  have  the  poAver  to  search  and  examine  allp^^yprof 
negro  houses  for  oftensive   weapons  and   ammunition,   and,   on^"*™'*- 
finding  such,  sliall  proceed  according  to  Uim-.     They  may  pursue 
any  fugitive  slave  who  avoids  them   by   hiding  or  running  into 
any  dwelling,  or  if  they  shall  hear  of  any  such  being  harbored  in 
any  dwelling  of  any  white  person,  they  shall  first  ask  leave  to 
search  of  the  person  in  charge,  if  any,  or  to  deliver  up  said  slave, 
and  if  said  person  shall  refuse  to  grant  either,  they,  if  they  have 
seen  such  slave  enter,  or  know  that  he  is  there,  may  enter  therein 
and  take  him.     The  ])erson  refusing  such  permission,  if  the  slave  ivnaity  for 
is  found,  is  subject  to   indictment,   and.   on   conviction,   may   be  search  rer 
fined  not  exceeding  one  hundred  dollars. 

§1366.   On  finding  any  weapons,  or  accoutrements,  or  ammu- ^-itroi  ma^ 
nition,  in  any  negro-house,  or  on  the  person,  or  in  the  possession  onT&T.^*^ 
of  any  slave  or  free  persons  of  color,  contrary  to  law,  such  patrol 
may  seize  and  take  away  the  same  :  but  before  the  property  shall 


26<5 PT.  1.— TIT.  ir..— CHAP.  5.— 1\.lick  Kegulatk.ns,  Arc 

Article  1. — Patrol  Laws. 


be  vested  in  the  person  seiziiiL'.  lie  shall  cause  the  same  to  be  for- 
feited, as  is  elsewhere  ]M-ovi(]ed  in  this  Code. 
wbcninas-       ^  13(»7.  NothiniT  in  this  Code  sliall  he  construed  to  deny  to  any 

WT  may  arm  _  "  _  .  .m_i 

i:8  6h.ve.  master  the  riijlit,  in  time  of  iiivjision  or  insurrection,  in  ^ood 
faith,  to  arm  his  trusty  shue  for  tlic  defence  of  himself  or  his 
property. 

Freopirsons      §1368.  xVll  the  proyisioiis  i)f  the  ]>atrt)i  law.  in  this  Code,  shall 

«f  color  sub-  1  ,• 

i^p^ttopat-  a])p]y  to  tree  i)ersons  of  color,  unless  specially  excepted.  The 
permission  of  the  guardian  is  substituted  for  that  of  the  nraster. 


ARTICLE  II. 

OTHER  l^)LICi-;  RKCULATIOXS. 

Section-.  Skctiox. 

i;5G9.  Unlawful  asseinblies  ot"sla\-e«.  'i'M'-^.  Property  on  slave — how  daiiiied. 

1370.  How  dispersed.  i:'.74.  Any  one  may  diastiiJC  slave,  &c. 

1371.  Certain  officers liave  patrol  powers.  ^■'''^>-  Penalty  ap-ainst  masters,  kc. 

1372.  Defaultin.n' officers — liow  punishcu.  137<;.  Slaves,  kc.  ni;iy  not  ])reacli. 

Assemblies       §13(39.  No  Congregation  or  L-ompany  of  slayes,  exceeding  sev- 
&e.,  aocoin-  cii  males  in  number,  shall,  under  any  pretence,  except  for  Divine 

paniedby  ,  .  i  i        i  i  •  i'        j-  •  i 

white p.r-    worsLip,  assemble  themselves  outside  ot  any  incorporated  town, 
and  then  they  must  be  under  the  control  and  presence  of  as  many* 
as  live  citizens  of  the  neighborhood,  except  slaves  who  may  as- 
semble on  their  masters'  premises  when   he  or  his  overseer  is 
present.     Other  slaves,  by  their  masters'  permission   in   writing, 
may  also  join  in  such  assemblies. 
uniawfiii         §1'>T<>.  Every  .Justice  of  the  Peace,  u])on  his  knowledge  or  in- 
ofs^iavcR^    formation  from  others,  may  go  in  j)erson,  or  l>y  warrant,  directed 
pe^ed^       to  any  officer  or  private  person,  or  both,  and  command  the  assis- 
tance of  other  ])ersons  to  disperse  any  assembly  of  negnjes  which 
may  disturb,  endanger  the  safety,  or  excite   the   apprehension  of 
the  community.     Every  negro  taken  at  such   assend)lages  may, 
by  special  order  of  said  Justices,  be   corrected,  without   trial,  by 
receiving,  on  the  Ijare  back,  not  more  than    twenty   lashes,    with 
the  instrument  allowed  to  be  used  by  the  patrols,  and  in  the  same 
manner. 
Ccrfciin  oiii-       §1^^1-  l^nch  oilicers  or  persons  may  be  also  specially   empow- 
iJlTwith'pat-ered,  by  a  Justice  of  the  Peace  of  the  district,  under  warrant,  to 
roi  pow.rs.   j^  whateyer  the  patrol  may  do,  and  t(j  bring  offenders  to  a  speedy 
trial.  ,.  n 


PT.  1.— TIT.  15.— CHAP.  5.— Police  Regulations,  &c.       267 


Article  2. — Other  Police  Regulations. 


§  1372.  If  anv  officer  refuses  to  execiTte  sueli  warrant,  or  other  omen  or 

o  €  otncrs  re- 

person  refuses  to  assist  said  officer  wlien  required,  such  officer  orfusjng^to^ 
person  shall  forfeit  a*ul  pay  for  each  offence  twenty-five  dollars,  ™ons^sub-^ 
to  be  recovered  as  in  other  actions  of  debt  at  the  instance  of  the 
informer. 

§1373.  If  such  property  or  any  goods  shall  be  so  seized  which  how prt.per- 
is  the  property  of  another,  they  shall  be  restored  on  the  claimant  ioun<i  on 

-  .  ,   ,        ■     ,  slave  may  be 

making  this  oath :  restored. 

''  I  swear  that  I  have  just  right  to  certain  ju-operty  or  goods 
(describing  them)  seized  by  a  certain  person,  naming  him,  out  of 
the  possession  of  a  slave  named  (naming  him")  and  that  I  did  not 
directly,  nor  indirectly,  permit  said  slave,  nor  any  other  slave,  to 
keep  or  employ  the  same  in  violation  of  the  law.  but  that  they 
came  to  the  possession  of  said  slave  (stating  the  manner.)""' 

§1374.  Any  person  may  take  up  any  negroes  that  shall  be  Any  person 
found  out  of  the  plantation  or  place  where  they  belong,  or  incor-  and  chastise 
porated  town  where  they  reside,  acting  unlawfully,  or  under 
suspicious  circumstances,  and  if  found  with  an  offensive  weapon 
shall  take  the  same  away,  and  if  the  negro  is  insolent,  or  refuses 
to  answer,  may  whip  said  negro  as  the  patrol  may. 

§1375.  If  any  master,  overseer,  or  employer  shall  permit  hisp^^^,,^. 
slave  to  carry  arms  contrary  to  law,  or  shall  suffer  any  illegal  tfr'afio^np 
public  meeting,  or  unlawful  feasting  of  slaves,  not  his  own,  'vvith- nbertlcs.X. 
out  the  permission  oi'  their  owners,  or  under  his  charge,  on  his 
plantation,  or  c»ther  home,  he  shall  forfeit  for  each  offence  ti^e 
hundred  dollars,  one  half  to  the  informer  the  other  half  to  the 
Educational  Fund  of  the  county. 

§1370.  It  shall  be  unlawful  for  any  church,  society,  or  other  ^j^^^.^  j^^^^ 
body,  or  any  persons  to  grant  any  license  or  other  authority  to  shaii"nft'*be 
any  slave  or  free  person  of  color  to  preach,  or  exhort,  or  other- |;,^,!",°*,J*^^ 
wise  officiate  in  church  matters. 


CHAPTER  VI. 

TAVKRN  AND  RETAIL  LICEXSKS. 


Sbctiox. 

1377.  Retail  license — how  obtained. 

1378.  Oath  of  other  venders. 


Sbctiok. 

1380.  License  by  corporate  towns. 

1381.  Fnrnishing  liqnor  to  one  drnnk. 


1379.  Retailing^-contined  to  one  place.    |   1382.  "Retailer"  defined. 


License  to 
uor* 


§1377.  Persons  before  obtaining  license  to  retail  spirituous  retail  liqm 
liquors,  must  apply  to  the  Justices  of  the  Inferior  Court  <tf  thetained. 


-268  FT.  1.— TIT.  15.— Police   KK..uf.ATi(>.N>>,  *to. 

Chapter  6. — Tavern  and  Retail  Licenses. 

c'ountv  in  which  they  dei^ire  to  retail,  who  have  power  to  grant 

or  ret'iibC  sucli  applieati(»n.  AVlien  sucli  application  is  granted 
and  entered  on  the  niinntes,  tlie  applicant  shall  execute  a  bond, 
with  sufficient  security,  in  the  sum  of  tiA'e  hundred  dollars,  pay- 
able to  such  Justices,  conditioned  to  keep  an  orderly  house,  and 
to  abide  faithfully  l)y  the  oath  to  be  taken  by  him,  which  bond 
shall  be  taken  and  approved  by  the  Clerk  of  the  Inferior  Court, 
tiled  in  his  office,  and  recorded  in  the  book  kept  for  that  purpose. 
Any  person  aggrieved  may  bring  suit  on  such  bond.  Licenses 
granted  in  any  other  way  are  void.  They  shall,  also,  at  the 
same  time,  before  said  Clerk,  take  and  subscribe  the  following 
oath : 

"I  swear  that  I  will  not,  during  the  next  succeeding  twelve 
months,  sell,  barter,  give,  or  furnisli  to  any  slave,  or  free  person 
of  color,  any  (juantity  of  spiritnous  or  intoxicating  liquors  with- 
out the  consent  of  the  owner,  overseer,  or  employers  of  such 
slave,  nor  without  the  like  consent  of  the  guardian  of  such  free 
person  of  color,  nor  to  any  minor  without  the  consent  of  his  or 
her  parent,  or  guardian,  or  employer,  and  that  I  will  not  allow 
any  other  person  to  do  so  for  me  with  my  knowledge  or  consent. 
So  help  me  God.'" 
Oath  of  V.I,-      §1378.  Bv  the  lirst  dav  in  June  in  each  vear,  and  annuallv 

•iers  of  li-        ,  "  ■  .  ,.         .    .         "^       1 .  1  ,      ' 

qnorsiess     tlicreaiter,  venders  ot  anv  ciuantitv  oi  spirituons  liquors  less  than 
Ion.  oue  gallon,  shall  take  and  subscribe  the  toregoing  oath,  and  upon 

neglecting  to  do  so  they  ai'e  subject  to  all  the  penalties  of  re- 
tailei*s  without  license. 
•Sale  of  li-         §1379.  Such  licciises  do  not  authorize  the  persons  to  whom  is- 
^edtoone  sucd  to  retail  at  more  than  one  ]dace  in  the  county,  which  place 
^  *^^"         must  l)e  stated  in  the  license.     Different  licenses  are  necessary  for 

different  places. 
corpoi-ut/        §1380.  Said  })rovisions  do  not  not  apply  to  any  cori)oration, 
;?rantiiccn8»- town  or  city,  wliicli  bv  charter  have  power  to  grant  licenses,  pro- 
vided, the  fees  for  licenses  are  at  least  as  much  in  said  city  as  are 
required  by  law  in  the  county. 
Retailer  §  1381.  A  retailer  of  spirituous  liquors  shall  not  sell  or  furnish 

to  one^who^is  Hquoi's,  ill  any  quantity,  to  any  person  who  is  at  the  time  intoxi- 
cated or  drunk  ;  and  for  violating  this  provision,  he  shall  not  on- 
ly be  liable  to  all  the  penalties  for  retailing  without  a  license,  but 
he  shall  not  recover  by  law  for  any  spirituons  liquors  furnished  to 
such  |)erson  during  the  cnrrent  year. 


l^T.  1. — TIT.  15. — Poi.icK  Kbgulatiuns,  cVrc  269 

Chapter  6. — Tavern  and  Retail  Licenses. 


f     ^1382,  The  sale  of  such  liquors  in  quantities  less  than  one  who  is  a  re- 
quart,  iitake.-^  the  selU'r  a  retailer.  ''"'^''' 


r 

^  CHAPTER  VI J. 

KSTRAYS. 

SRaiO.N.  8KCTI0N. 

]38;5.  Who  iniiy  uike  u))  cstniys.  '  1:589.  Kstniys— liow  rorhijniod. 

^84.   Kstniys—liow  disposed  of.  i:«90.  Trial  of  eonllictiuf-- claims. 

1:585.  Advcrti.sonieiit  of  estrnys.  1391.  Expense  of  estrays. 

<    l-5«t"'.  Siileofostrays.  i;502.  DefauUoftaker up— howpiinislio.l, 

inST.  May  1k'  sold  on  fireliold — when.  i;5r':;.  8i<»i,r  liorsos  may  be  t^eldcd. 
Kiss.   Procerds  of  sale — liow  disposed  of. , 

§  1883.  Any  |)er.sun  may.  upon  his  own  freeliuld  or  the  hio-h- 

,1  I      ...  .  ^        Who   may 

way  tiici-eto,  or  benig-  m  charo-e  ot  one,  and  not  elsewhere   take  ^''''*^  "p  *"*'- 

11  J.*  *         1  '         1  '  travs, 

up  all  estrays  ot  annuals  ol  a  domestic  or  useful  nature  either  for 
their  labor  or  tlesh. 

§  1384.  The  taker-up  shall.  Nvithin  live  days,  exhibit  said  animal  Ksuav,- 
to  two  freeliolders  of  the  militia  district  where  taken  up,  who  cZf.'"'''"'" 
shall  take  down  in  writing  a  particular  description  of  its  marks, 
natural  and  artilicial,  brands,  stature,  age  and  color,  and  annex- 
thereto  their  appraisement  of  its  value,  which  description  and 
appraisement  shall  be  by  tlie  taker-up,  within  live  days  more, 
lumded  to  the  Clerk  of  the  Inferior  Court  of  the  county.  He 
shall  at  the  time  of  handing  the  same  to  said  clerk,  make  an  affi- 
davit before  him  that  the  marks  and  brands  of  said  estray  are  cor- 
rect, and  have  not  been  altered  .»r  di.siigured,  to  his  knowledge. 
since  he  took  it  up. 

§1385.  Such  clerk  shall  theu  copy  said  appraisement,  descrip-,,,   ,   ,  „ 
tion  and  alhdavit  ni  the  e^trav  book,  and  advertise  substantiar^P^'^''''- 

,.   ,1  J.  '''*"-^""^  vertise ap- 

copies  ot  the  two  lirst  named  at  the  door  of  the  court  house  for  J^f-'^'^r'^^v"** 
sixty  days  at  the  place  of  holding  Justices'  Court  of  the  district,  '    '  ™''' 
where  taken  up,  and  in  the  public  gazette  wliere  the  sheriff  of 
the  county  advertises  his  sales. 

§  1386.  If  by  the  end  of  that  time,  property  is  not  proven  and  y,,,,^.,_ 
taken  away,  the  Sheritf  of  the  county  shall  advertise  and  sell  said  iff""''^^  ^^'^ 
estray  as  he  does  property  under  execution,  stating  it  to  be  an  ^  ' 
estray  and  its  appraised  value. 

§1387.  If  the  property  is  not  of  sufficient  value  to  pay  the  ex- w, 

,,-,.K>.^,      4.'        "J  T  •  1    --.,      ,  t    -^  Whin  an  es- 

pensa.  Ot  said  proceedings,  said  Clerk  may  ordei-  it  sold  bv  the^^tLTfb^' 
vShenff  atter  ten  dfuv   notice  on  the  freehold  where  taken  up,  h„t '''■'^''"'''- 


270  PT.  1.— TIT.  15.— Police  Kegulations,  &c. 


Chapter  7. — Flstrays. 


the  ov/ner. 


Oonrtiotin" 


he  sliall  make  the  advertisement  in  writing  and  have  one  inser- 
tion made  in  snch  public  gazette. 
Proceeds  of       §1388.  Tlic  purchasc  money,  after  deducting  all  lawful  expen- 
dls^edof.  ses,  shall  he  paid  to  the  treasurer  of  the  Educational  Fund  of  the 
county,  to  he  paid  to  the  owner  of  the  estray,  if  property  is  pro- 
ven therein  within  twelve  months. 
How  an  os-       ^  1389.  Property  may  l)e  proven  by  an  affidavit  of  ownership  be- 
recLme'.ibyfore  tlic  clcrk  of  said  Court,  and  the  tiling  with  him  bond  and  se- 
curity in  double  the  appraised  value,  payable  to  the  Justices  of 
the  Inferior  Court,  conditioned  to  answer  any  demand'  thereon 
that  may  be  proven  against  the  obligor  within  two  years. 

§1390.  If  more  than  one  person  claims  said  estray  before  de- 
tried!^"^"'^  livery  is  made,  or  a  counter  affidavit  to  a  claim  is  filed  by  any  per- 
son, an  issue  shall  be  made  thereon  and  tried  by  a  jury  in  the 
Inferior  Court,  with  privilege  of  appeal. 
p^xpensc  of       §1391.  Tlicrc  sliall  be  no  expense  for  keeping  estrays,  but  the 
Md^ifeeping  takcr-up  must  be  paid  five  per  cent,  upon  their  appraised  value 
f'strajb.       .^.  ^^^^  ^q[([^  qy  if  sold,  the  same  per  cent,  upon  the  sale,  and  shall 
have  the  use  thereof  free  of  charge.     If  the  owner  disputes  the 
appraised  value,  he  may  sell  the  estray  after  five  days'  written  no- 
tice at  the  court  house,  and  the  taker  up  shall  have  it  there  for 
that  purpose.     He  shall  always  deliver  the  estray  on  tlie  order 
of  the  Clerk  of  the  Inferior  Court,  upon  the  payment  of  his  fees. 
Penalty  §  1392.  Tlic  takcr-up  is  liable  to  the  county  or  the  owner,  as 

kf r-up!  tv    the  case  may  be,  in  five  times  tlie  value  of  the  estray ;  if  after 
'ippraishU',   taking  it  up  he  fails  to  have  it  appraised  and  returned,  or  forth- 
coming, according  to  law,  providential  causes  only  excepted,  and 
if  he  appropriates  it  to  his  own  use,  and  fails  to  pay  said  forfei- 
ture after  demand  in  writing  by  the  Clerk  of  the  Inferior  Court, 
he  is  o-uilty  of  a  misdemeanor.     Suit  may  also  be  brought  either 
by  the  owner  or  county  for  the  same.     He  is  liable  in  like  man- 
ner for  any  damage  caused  by  wilful  abuse  or  neglect  of  the 
animal. 
stone  horses     §1393.  If  any  stone  horse  above  eighteen  months  old  shall  be 
h"rge^may be  fouud  runuiug  at  large,  it  is  lawful  for  any  person  to  take  him 
gelded.       ^^^  ^^^  ^^-^^  j^.^^  before  the  nearest  Justice  of  the  Peace,  and  by 
permission  of  said  Justice,  may  geld  the  same,  taking  care  that 
it  is  done  by  a  person  competent  to  do  so,  and  that  the  horse  is 
properly  cared  for  afterwards ;  the  expenses  of  which  shall  be 
paid  by  the  owner. 


&• 


PT.  1.— TIT.  15.— Police  RE(iULATioNs,  (fee.  271 

Chapter  8. — Marks  ami   Brands. 


# 


CHAPTER  YIII. 

MARKS  AND  BRANDS. 


Section.  1  Section'. 

1394.  Record  of  murks  and  brands.  |   1397.  Markincr  to  be  done — by  whom. 

1395.  Recorded  mark  preferred.  |   1:593.  ChangL- of  recorded  mark. 

1396.  Oldest  record  preferred. 

§1394.  All  persons  having  marks  and  brands  on  cattle,  or  otli- ^j^^^,  ^„j 
er  property,  in  this  State,  shall  have  them  i-ecorded  by  the  Clerk  ^""eeoMeS 
of  the  Inferior  Court  of  the  county  where  the  owner  resides,  or, 
if  a  non-resident,  where  the  property  uses,  in  a  book  kept  by  him 
for  that  purpose. 

§18th").  If  property  shall  be  in  dispute   l)etween    one    whose  rreforencp 
marks  and  brands  arc  recorded,  and  one  whose  are  not,  both  hav-  one^having 
ing  the  same  mark  and  brand,  and  such  property  is  found  in  thebrandVre- 
possession  of  him  whose  marks  and  brands  arc  recorded,  the  par- 
ty claiming  cannot  get  possession  of  the  same,  but  must  sue,  and 
prove  property  and  damage. 

§13y(i.  When  two  or  more  persons  have  the  same  marks  and  owest  rc- 
brands,  and  both  are  recorded,  the  j^^'^^na  facie  right  is  with  the  ^.rcfe^e^cc. 
older  record. 

§  1397.  Marking  and  branding  shall  not  take  place,  except  by  Marking  &c 
or  under  the  supervision  of  some  competent   white  person,  on  |,y^^^jj|t"° 
pain  of  forfeiting  lifty  dollars  for  each  violation,  to  be  recovered  p^"°°' 
at  the  suit  of  the  informer,  who  shall  have  one-half  tlie  recovery;  penalty  for 
the  other  half  goes  to  the  Educational  Fund.  mo  aw  . 

§  1398.  Marks  and  l>rands  once  recorded  shall  not  be  changed,  Marks,  Ac, 
so  as  to  be  of  any  avail  to  the  owner,  without  leave  is  first  grant-  "hanged* 
ed  by  the  Justices  of  the  Inferior  Court,  and  a  minute  made  Z^^y^^^ 
thereof. 


CHAPTER  IX. 

EXCLOSURKS  AND  FENCES. 
Section.  I  Section. 


1399.  Requisites  of  a  fence. 

1400.  Of  other  enclosures. 

1401.  Owners  of  stock — \vh(?ii  hable. 


1402.  Stock  may  be  killed — when. 

1403.  Poisoning  crops. 

1404.  Water  courses  deemed  fences. 


§  1399.  All  fences  or  enclosures,  commonly  called  worm  fences,  what  is » 
shall  be  five  feet  high,  with  or  without  being  staked  and  ridered, 
and  from  the  ground  to  the  height  of  three  feet,  the  rails  shall 


272  PT.  1.— TIT.  15.— r..j.icj;   Hr.uvuxnvs^,  ^c. 


Cliapter  9. — Enclosures  and  Fences, 


not  be  more  tlian  four  inches  apart.     All  paling  fences  shall  be 
live  feet,  from  tlie  ground,  and  tlic  ])ales  not  more  than  t\v(»  Inch- 
e.-^  apart. 
Enclosures        §140(».   Auv  cuclosurc,  luadc   Itv  means   of  a  ditch  or  trench, 
\c.  *'  "'■    shall  be  three  feet  wide  and  two  feet  deep,  and  if  made  of  both 
fence  and  ditch,  the  latter  shall  Ite  four  feet  wide,  and  the  fence 
live  feet  liigh  from  the  l)ottom  of  the  ditch. 
AVhouown-       §1-1-'*1-   If  any  trespass  or  (h\mage  shall  be  committed  in  any 
fOT  trespass,  enclosure,  not  being  protected  as  aforesaid,  by  the  breaking  in  of 
any  animal,  the  owner  of  such  animal  sliall  not  be  liabl'e  to  an- 
swer for  the  trespass,  and  if  the  owner  of  the  enclosure  shall  kill 
or  injure  sncli.    in   :my  inanncr.  lie   is  liable  in  three  times  the 
damage, 
•whcuown-       §1402.   When  fences  arc  made,  ])ursuant  to  law,  and  anv  ani- 

ers  of  en-  ^  _  ^  ,  .  ^    . 

piosuresmay  nial  breaks  in,  the  owner  of  the  enclosure  shall  not  kill  or  iniure 

kill  stock  ^  ... 

'areakin^'  in.  Jiin^  {qy  xhe  first  breaking,  and  not  until  after  notice  is  given  to 
the  owner  or  agent,  if  i>ossible,  l)ut  said  last  mentioned  4»wner 
shall  be  liable  for  double  the  damage  done  by  his  stock. 

Poisoning  §1403.  If  stock  is  killed  or  injured  from  poisoning  crops,  or 
(jtlier  poisoning  upon  tJie  premises,  the  presumption  is,  that  it 
was  done  by  the  person  in  possession  and  charge  of  the  same. 

When  waur     §1404.  All  Water  courses  that  are.  or  have  been,  navio-able,  as 

courses  are      .  .  .  ,  i     ,  .  ,  ^i      n      i 

neemcd  fen- far  as  uaNiffatiou  has  ever  extended  up  said  streams,  shall    be 

res.  ~ 

deemed  and  considered  fences,  whenever,  by  reason  of  freshets  or 
otherwise,  fences  cannot  be  bept  on  said  streams,  and  shall  be 
^ubject  U)  the  rules  a])]dicable  to  other  fences. 


Oil  AFTER  X. 

FlRINd  THK  WOODS. 

Section.  Skction. 

1405.  "Woods  may  1)0  lirotl — wlicii,  .ti'.         1407.  Penally  Cur  liriii^  wilhoul  notice. 
1400.  Notice  must  1)0  ^iivL'ii.  1408.  Woods  catoliin;;- lire  liy  negligence. 

Wii.n,  au.i        §  1405.  No  pci'sou  but  a  residciit  of  the  countv  where  the  liring 

by  whom        ,      '^  •  i         i         i  •  i  •    -i      i       i  "  •  ^  r- 

woods  may  ig  douc,  ownin<»"  laiKis  therein,  or  domiciled  thereon,  outside  oi 

any  town  meoi'poration,  shall   set  on  nre  any  woods,  lands  or 

marshes:  nor  shall  such  persons,  except  betwc(Mi  tlie  twentieth  of 

February  and  the  first  of  April,  annually. 

ocefirin;:        §1400.  When  sucli  persou  shall  dcsirc  to  set  lire  within  said 

f,iv€  notio,-.  time,  he  shall  notify  all  persons,  who  occu])y  lands  adjoining  hira 


FT.  1.— TIT.  15.— Police  liEciULAXioNS,  &c.  273 

Chapter  10. — Firing  the  "Woods. 

by  residence  thereon,  or  cultivation,  or  enclosure  of  any  portion 
of  the  tract  or  H^ettlenient,  of  the  day  and  hour  of  the  firine;  at 
least  one  day  prior  tliereto  ;  such  notice  need  not  be  given  if,  on 
a  sudden  emergency,  due  caution  should  rcfinire  tiring  to  render 
one's  premises  safe. 

^1407.  Anv  person  setting  tire  in  violation  of  the  two  prece- ivnaity  tw 

,,*■  .  *,..         ,         ,  T1111  1  -ix'  setting  fire 

ding  sections,  torteits  tive  hundred  dollars,  ii]>on  the  suit  ot  any  withoutno- 
inforiner — the  one-half  to  him,  the  other  to  the  Educational  Fund 
of  the  county,  and  is  also  liable  for  the  actual  damages  any  ])er- 
soii  may  have  sustained. 

§140S.  Persons,  either  by  themselves,  slaves  or   agents,  who  ivnaity  foi> 
permit  lire  to  2:et  into  the  woods,  lands  or  marshes  through  neg- woods 
lect,  are  within  the  meaning  ot  said  sections. 


CHAPTEli  XI. 

MILLS  AND  ^flLLKRS. 

Section.  Section-. 

1409.  Grain — in  wlial order  i;roiiml.  141].   "  Public  Mills"  detined. 

1410.  Penalty  lor  lailnre. 

§1409.  All  owners  or  occupants  of  mills  shall  well  grind  all  diaiu  to  be 
•lean  and  dry  grain,  and  in  due  turn,  as  far  as  ten  Inishels  in  thetum"'  ' 
turn,  as  the  same  may  be  brought,  and  may  take  for  toll  one- 
eighth  part  thereof. 

§1410.  Every  such  person  who  shall  not  so  grind,  except  in  ivnaity  tor 
time  of  drought,  or  for  other  sufficient  cause,  or  not  in  due  turn,  accwdins  t^' 
c»r  take  or  exact  more  toll,  shall  forfeit  and  pay,  for  each  offence, 
to  the  party  injured,  twenty  dollars  ;  jn'ovlded,  such  miller  may 
do  his  own  grinding  first. 

^1411.  All  grist  mills,  Avhich  grind  for  toll  for  any  person,  are^vhatiuo 
public  mills  wltliin  tlie  meaning^  this  chapter.  public  miiu. 


CHAPTER  XII. 

tiUXPOWDKR. 

■Section.  I  Section. 

1412.  Transported  guui)0\vder,  ito.  |   1414.  Keeping  gnnixiwder,  ic. 

1413.  Penalty  for  not  marking.  ' 

§1412.  All  owners,  agents,  or  Others  who  have  any  gunpow- o.uupowder 
der,  more  than  five  pounds,  transported  upon  water,  railroad  ormark^'d. 
18 


374 


PT.  1.— TIT.  15.— Police  Kegulations,  &c. 

Chapter  12. — Gunpowder. 


otlierwise,  shall  have  the  word  ffunpmrdci'  marked  upon   each 
package  so  transported  in  larire  letters. 
Penalty  for       §1418.  Gimpowder  traiispoi-ted  in  violation  of  said  provision, 

transporting'    r,      ,,  ^       ■,.■,-,      ,  .  !,.,••  i  im  i 

gunpowder  siiall  bc  liable  to  seizure  and  torieitiire  by  any  otticer  who  mav 

contrary  to  .      .        ,  .l>  i 

law.  ■  execute  a  crinnnal  warrant  under  Avarrant  tor  tliat  purpose,  is- 
sued by  any  officer  M'ho  may  issue  such  tirst  named  warrants — 
one-lialf  of  the  same  to  go  to  tlie  informer,  the  other  half  to  go 
to  tlie  Military  Fund  of  the  State,  after  public  sale.  Ijy  order  of 
the  officer  issuing  the  warrant,  or  one  of  like  power. 

§1414.  The  several  incor])f>rated  towns  or  cities  of  this  State, 
within  their  corporate  limits,  and  the  Justices  of  the  Inferioi' 
Court  within  their  respective  counties,  out  of  said  corporate  lim- 
its, have  authority  to  make  and  enforce  all  needful  rules  and  reg- 
ulations touching  the  keeping  of  gunpowder  so  as  not  to  endan- 
ger the  lives  and  property  of  the  citizens. 


Rcjrulutiiin; 
forkeepini,' 
fTunpowdi 
Ac. 


TITLE  XVI. 

RPXU^LATIONS  f»F  ACrRKTITUHK.  TKADK  AND  OOMMERCK. 


CHAPTEK  I. 

BANKS  AND  BANKING. 

Article  1.  Bank  Returns. 

Article  2.  Obligations  and  Penalties. 

Article  ?>.  Forfeiture  of  Charters  and  Fiiabilitv  of  Stockholder. 


AKTICLE  T. 


BANK    RKTURN8. 


SeCTIOiV. 

1415.  Bank  ivUirns — liow  made. 

1416.  Contents  of  returns. 

141'(.  Oath  of  officers  .^liall  Ix-  annexed. 


Section'. 

1418.  Exjien.se  of  advertising. 

1419.  Bank  refusing  to  make  returns. 

1420.  False  affidavit  perjury. 


Call  for  bank      §1415.  It  is  tlic  duty  of  the  Governor,  twice  in  each  year,  to 

beadvertis-  advertise  for  at  least  tw^o  weeks,  in  a  public  gazette  at  the  seat 

emor.  °^     of  govemmeut,   a  call   upon  every  banking  institution  of  thie 

State,  and  branchthe  reof,  to  make  returns  to  him,  under  the  oathe 

of  their  several  Presidents  and  Cashiers,  of  their  respective  con- 


PT.  1.— TIT.  16.— CHAP.  1.— AoKiciLTURE,  Trade,  &c. 


Article  1. — Bank  Returns. 


ditionfi,  at  a  time  to  be  specified  in  such  udvertiseraent,  and  to 
transmit  tlie  same  to  him  within  tliirty  days  from  said  dates. 

§141().  Such  returns  shall  embrace —  c<>ntenteof 

ihcreturoB. 

1.  Tlie  names  of  the  Presidents  and  Directors,  and  a  list  ot  the 
stockholders  on  the  day  of  the  reijnlar  weekly  meeting,  of  the 
President  and  Directors  next  preceding  the  date  of  his  requisi- 
tion.    The  list  of  stockholders  may  be  given  but  once  a  year. 

2.  Tiie  amount  of  stock  owned  by  each  individual  or  company, 
and  the  amo\mt  of  money  actually  paid  in  on  each  sliare. 

■K  The  amount  of  bills  on  other  banks  of  this  State,  of  goUl, 
silver  and  bidlion,  in  their  vaults. 

4.  The  amount  of  debts  duo  them,  within  and  without  the 
State.  s<t  <1esignating  them,  wliich  mav  l)e  derusminated  specie 
funds. 

."),  Tlie  active  or  running  paper,  tlie  amounts  in  suit  under  j>r(i- 
test,  and  not  in  suit,  clearlv  statins;  what  amount  of  all  such  debts 
is  good,  what  doubtful,  what  bad,  and  what  lost. 

<*>.  The  amount  of  bills  in  circulation,  the  amount  on  dei)Osit, 
and  the  highest  amount  due  and  owing  by  each  bank. 

§14-17.  The  original  oaths  aforesaid  shall  be  annexed  to  said  oaUi  of  offi- 

.,',.  .  ,  ,         cors  to  be 

returns,  statmg  tliem  to  be  pist  anil  true,   and  moreover,  that  annexed  to 

1         1        "^  ,      .     '  •         1         1  11  !•      n>    returns. 

Since  tlie  last  return,  tlieir  res]>ective  lianks,  to  the  i)est  ot  atti- 
ants'  knowledge  and  belief,  have  not  violated  nor  evaded  any  ob- 
ligation im])osed  by  law,  either  by  itself,  its  officer,  or  agents. 

^1418.  The  banks  are  required  to  publish  their  several  reports  j.^xp^nso  of 
in  some  public  gazette  of  this  State,  at  their  expense,  and  on  fail-Lbrwhom 
ing  to  do  so,  Avithiii  thirty  days,  it  is  the   duty  of  the   Governor^'"'' 
to  make  public  ad\'ertisement  of  the  fact,  and  to  order  all  collec- 
tors of  the  ])ublic  money  to  refuse  to  receive  their  bills.     The 
Governor  shall  also  ])ublish  the  reports,  the  cost  of  which  the  de- 
faulting banks  shall  be  bound  for,  as  a  tax  levied,  which  shall  be 
collected  by  execution  issued  by  the  Comptroller  General. 

§  141i>.  Any  bank  refusing  to  make  out  and  return  said  reports,  ivmuty  for 
as  required  by  law,  forfeits  and  pays  to  the  State  a  tax  of  two  retu™'!"""^' 
per  cent,  per  month,  upon  their  capital  stock,  troni   the  time  of 
such  refusal,  to  be  levied  and  collected  by  execution,  at  the  end  of 
each  month,  by  the  Comptroller  General;  the  bills  of  said  banks 
shall  likewise  not  be  received,  as  prescribed  in  preceding  section. 

§  1420.  Perjury  may  be  assigned  on  such  affidavits,  and  the  ^.^isu  aaida- 
uame  of  a  person  signed  thereto,  authorized  to  administer  an  r^' ^'*  p*"^"" 
oath,  shall  be  evidence  of  the  swearing. 


276      PT.  1.— TIT.  16.— CHAP.  1.— Ageicdltuke,  Trade,  «kc. 


Article  2. — Obligations  and  Penalties. 


ARTICLE  II. 

OBLIGATIONS  AND   PKNALTIK8. 

Sectkiv.  Sectiox. 

1421.  rrohibilious  imposed  ou  banks.  1428.  Violatin.t;-  No.  7  of  section  1421. 

1422.  Qualification  of  section  1429.  Obligations  inipcsed  on  banks. 

1423.  Certain  contracts  void.  l-l-'if*.  Violating  No.  1  of  section  1420. 

1424.  Violation  of  No   3,  section  1421.  M,")!.  Proceedings  for  such  violations. 
]42r).  Violation  of  No.  4  k  5.  sec.  1421.  1432.  Violating  No.  2  .t  3  of  sec.  1429. 
142<;.  Proof  prescribed.  I    1433.  The  term  bank — what  it  includes. 
1427.  Violating  No.  6,  section  1421. 

Prohibiuons      ^  1^21-  The  banks  of  this  State  shall  nut— 

Kb.^'*'"'       1-  ^oan  money,  directly  nor  indirectly,  on  any  note,  bill,  draft, 

or  contract  of  any  sort,  at  a  <i-reater  rate  of  interest  than  scA-en 

per  cent,  per  annnni. 

2.  Disconnt  or  purchase  any  paper  or  debt  at  a  greater  dis- 
count than  said  rate. 

3.  Sell  any  kind  of  exchange,  except  sight  checks,  or  demand 
or  receive  for  exchange,  in  or  out  of  this  State,  of  any  citizen 
thereof,  a  greater  premium  than  one  per  cent,  upon  the  amount 
of  exchange  sold,  when  the  bills  of  the  bank  from  which  the  ex- 
change is  sought  are  presented  at  its  counter  in  payment  thereof. 

4.  Issue  paper  or  promises  to  pay,  intended  to  be  used  as  mon- 
ey, redeemable  otherwise  than  with  gold  or  silver  coin,  at  the 
standard  value  thereof. 

5.  Issue  such  pa])er,  or  pay,  or  tender  in  payment,  any  paper, 
payable  at  a  greater  length  of  time  than  three  days  from  the  date 
thereof. 

6.  Issue,  pay  away,  or  circulate  any  l)ank  bill,  note,  ticket,  or 
paper,  of  the  nature  or  appearance  of  a  bank  note,  meant  for  cir- 
(.'ulation,  of  a  denomination  less  than  five  dollars,  with  the  excep- 
tion that  all  solvent  and  specie  paying  banks  may  issue  small 
bills  of  the  denominations  one,  two,  three  and  four  dollars,  to  an 
amount  not  exceeding  twenty  per  cent,  of  their  capital  stt)ck,  to 
be  computed  as  part  of  their  circulation. 

7.  Issue  bills  beyond  the  amount  specified  in  their  charter. 
Quaiiiicauon  §  1422.  Xotldug  in  tlic  foregoing  shall  be  so  construed  as  to 
i'nrsp^dUoD.  restrict  the  bank  to  said  rate,  in  the  discount  or  p^irchase  of  for- 
eign bills,  either  of  which  may  be  done  at  their  true  market  val- 
ue, provided,  the  rate  of  discount  is  not  greater  than  seven  per 
cent,  per  annum,  with  the  rate  added  of  the  cost  of  transporting 
specie  from  the  point  at  which  the  bill  of  exchange  may  be  pa};-- 


PT.  1.— TIT.  16.— CHAP.  1.— Agriculture,  Trade,  &c.      277 


Article  2. — Obligations  and  Penalties. 


able,  to  tliat  at  which  it  was  discounted  or  purchased,  and  that 
the  said  foreign  bill  is  a  honajide  coniinercial  ])ill,  and  not  a  loan 
or  accommodation  bv  tlie  bank ;  and  that  tlie  exchange  is  legiti- 
mate commercial  exchange,  and  tlie  transaction  not  in  fact  a  loan 
or  accommodation  in  whicli  the  law  is  attempted  to  be  evaded 
by  resorting  to  the  form  of  a  bill  of  exchange,  foreign  bill  or 
<lraft. 

§  142o.  Every  contract,  note,  bill,  ch*aft  or  paper,  made  in  vio-^j^^ruin  con- 
lation  of  the  provisions  of  numbers  1  and  2  of  section  1421,  and  v"d**' *''• 
of  the  next  succeeding  section,  are  declared  null  and  void. 

§1424.  For  a  violation  of  number  3  of  the  same  section,  the  penalty  for 
person  paying  the  premium  may  recover  three  times  the  amount  lliHomot^ 
of  the  excess  by  a  summary  proceeding  before  any  court  having*""^  "" 
jurisdiction,  on  which  judgment  may  be  rendered  at  the  first 
term.     The  suit  may  be  eitlier  against  the  bank,  its  officer  or 
agent  ;  in  either  case,  the  pro]»erty  and  etfects  of  tlie  bank  are 
subject  t(»  the  judgment. 

sj  1425.    For  a  violation  of  numbers  4  and  5  of  section  1421,  p^^j^j  f^j. 
tlie  bank  tbrfeits  one  tliousand  dollars  for  each  bill  or  paper  so  is- ^^^^''^jt^ *'''' 
sued,  to  be  recovered  by  action  at  tlie  suit  of  the  informer,  one-'t'o^uli.*^"'. 
half  to  go  to  him,  the  other  half  to  the  Educational  Fund  of  the 
county  where  the  recovery  is  had. 

§1426.  The  officer  or  agent- who  received  the  premium  shall  Made  of 
appear  without  any  process  than  the  service  of  tlie  writ,  and  bring  ^cHbed!^"' 
his  book  having  the  original  entry  of  the  transaction,  and  give 
evidence  in  the  case.     If  he  fails  to  ap]iear,  the  affidavit  or  testi- 
mony of  the  plaintiff  sliall  be  received. 

§  1427.  For  the  violation  of  numlier  (5  of  section  1421,  the  bank  „     .,  , 

"-  '  Pciuiitv  for 

forfeits  rive  liundivd  dollars  for  each  small  l)ill  so  issued  beyond  ?;^''^'*^^|//.'' 
the  twenty  per  cent.,  or  amount  allowed  l)y  charter,  to  be  recov- ^*''"  ^*"^- 
ered,  as  in  cases  of  number  4  and  5,  unless  a  dilferent  penalty  is 
prescribed  by  cl'arter. 

§1428.  For   the   violation  of  number  T  of  section  1421,  the  iv.„^,fy  f„, 
bank  so  violating,  forfeits  its  charter.  ui^moffel'" 

§  1429.  The  banks  of  this  State  shall—  """  ^*-^- 

1.  Pay  specie  for  any  of  their  bills,  notes,  drafts  or  other  obli-obusations 
gations  when  due  and  demanded  by  the  holder.  Sf*^ "" 

2.  Receive  their  own    bills,  notes,  certiricates    of  deposit,  or 
otlier  evidence  of  debt,  in  payment  of  debts  due  them. 

3.  Receive  their  own  bills  at  par,  whether  issued  or  made  pay- 
able at  the  parent  ]»ank,  or  any  of  its  branches,  in  settlement  of 


27b     rx.  1.— TIT.  1 G.— «  1 1 A  r  ' 


Tkadb,  dco. 


Art 


debts  or  balances  dne  either,  and  when  notes  or  other  ohli^ationti 
are  dim-'tmnted  by  any  bank,  and  bet'onie  transferred  to  another 
bank,  tbcy  rontinuo  payable  in  tbc  bills  df  tlic  liank  where  dit^- 
<'«»nnte<l. 

rrn^iffoT       ^1480.    l«ii-  the    violation  of  nuntlKM*  1   of  sci'tioii    142!«.  the 

■1cm of trc-* bank  shall  pay,  b^•^i(U•^  tlu-  b'^'iii  interest,  twenty-live  per  eent. 
<lanut«xes,  each  of  wliieli  ninst  be  sjteeitied  in  the  verdict  and 
judgment,  and  the  exeention  issued  thereon  shall  l>e  eolleeto<l  in 
>]»eeie. 

'.-.«. .air,j;        J*  1481.   1  he  (lovenmr  shall  also  canse  j\nli<'ial  i»roeeediuy;s  to 

!iti^!^'"""^»«  institnted  aj^ainst  sneh  bank  for  the  forfcitnre  of  its  charter, 
but  the  defanltinj;  bank  may.  within  live  day's  alU'r  such  demand 
and  refusal,  jtriKluce  satisfactory  evidence  that  there  was  an  in- 
debtedness then  due  to  said  bank  by  the  j>erson  demaiidiuir  spe- 
cie equal  to  the  anuHint  denumded,  and  the  Governor  may.  in  hif 
discretion,  Ibrbear  or  postpone  the  proceedinir. 

rcnuUy  for  §1432.  For  the  violation  ot  nnmbers  "J  and  8  o|  >ecti(»n  142it, 
.'iit«in»the  bank  sliall   forfeit  to  tin-  dcl»t<>r  twenty  pel- cent,   upon  the 

^29.'  amount  to  be  recovered  by  special  suit  in  his  favor.  «»r  in  any  oth- 
er form  of  Jiti^Mtion  between  them.  The  special  depo>it  of  the 
j»roj)er  amount  in  another  l>ank,  or  in  the  hands  t»f  a  .solvent 
>takeholder.  with  notice  to  tlu-  bank,  is  a  ]>iiyment. 

Tteu-rnj  §14^>."J.  The  term  bank,  includes  the  parent  bank,  it>  Itranchee, 

bulk  'n-         . ,.  ,  .         .  . 

«h:df(.wh«L  n  any,  and  a«j:encies,  its  i»theei's  of  every  description,  and  a^ente, 
in  construini!:  the  violation  ^t\'  an  obliiration  or  the  imposinjr  h 
penalty  for  the  act^^  of  whom  the  bank  or  bi'jinches.  as  the  caw 
may  be,  is  liound. 


AKTICLK   ill. 

KORKKITI'UKnK  HANK   <ll  AKTKliS  AND  I.IAIMI.ITV  -;K  STOCK  llol.nKH.S. 


t^KCTlO.V. 
1434.   Bank  tliarler  forkitid — iVii  whiil. 
14.15.   IVocoeUiiifrs — liow  iiihliliiUsl. 
143(j.  l>i)ty  of  recciviT. 

1437.  (>>iu|teiiNatioii  of  iv<viv<'r.  Ac 

1438.  Urtlcr  of  paying  ilt-bUs  At. 
14.19.    IMitv  <i'.i.'  iii-..lv.-iil  iM.iiks. 


Skotio.x. 
1440.  Siookli«)lUL'i->*  i4iay  Ik-  suid — when. 
1141.  .\bnicinoiU  of  Hiiit. 
1442.   .\ssij.Mimont  bv  hnnW. 
144:t.   How  wi  nside. 
144-f.   Waul  of  atMiijfnet' — )k>«  supplied. 
1  Mr..  St<M-k)i<il<liT  in;iv  lr;iii«rcr  «tocJ\. 


hankVhurtor      >5  14.'J4.    Uaiik  charters  are  suliject  to  fort'eitiire  for  the  same 
fT'teri.*  "'^'  ;reneral  (rnninds  ;is  those  of  other  corj>orations.  and  alst» — 

1.    lor  the  NJohiti.iM  ol"  any  nf  the  ]>rovi>i<iiis  of  their  cliailers 


FT.  1.— TIT.  It;.— CHAP.  1.— Agriculture,  Trade,  tfec.       279 


Article  3. — Forfeiture  of  Bank  Charters  and  Liability  of  Stockholders. 


w2.  For  the  violation  of  any  obligation  imposed  by  law,  unless 
contrary  to  the  contracts  of  their  charters. 

3.  Wlienever  it  is  demanded  by  siK'cial  enactment. 

^  1435.  When  the  Governor  is  informed  tliat  a  l)nnk  incurs  the  pp,,g^„j,„g,^ 
penalty  of  a  forfeiture,  lie  shall  cause  the  Attorney  General  to  ^,J',^.°n"tf. 
institute  proceedings  therefor  in  the  county  Avhere  the  bank  or  ^"*'''^- 
parent  bank  is  located,  and  in  his  discretion,  may  employ  assis- 
tant counsel  to  aid  therein,  and  pay  him  out  of  any  money  not 
otherwise  appropriated.     If  there  is  a  verdict  of  forfeiture  ren- 
dered on  the  trial,  the  Judge  sliall  pronounce  the  judgment  for  .jmigmect. 
all  })urposes  whatever,  saving  the  use  of  its  corporate  name  in 
collecting  and  paying  its  debts,  and  in  conveying  its  real  and 
personal  estate,  which  power  shall  he  exercised  by  a  receiver  ap- 
pointed by  the  Court  for  that  purpose  at  that  time,  or  any  time, 
upon  tlic  ji]>]'>H('jition   of  the  ])rosecuting    othccr  showing  good 
rause. 

§148(i.  It  is  the  duty  of  such  receiver —  untyor  re- 

1.  To  promptly  collect  tlie  debts  due  said  bank,  and  to  con- 
vert the  j)ro]>crty  into  cash  or  availal)le  assets  as  soon  as  practi- 
t-able. 

2.  To  pay  the  creditors 7//v>  rfrt<r  semi-annually,  according  tc» 
the  dignity  of  their  claims,  unless  there  is  sufficient  to  i)ay  all. 

3.  To  pay  the  holders  of  the  bills  before  other  creditors,  if  they 
give  notice  of  their  claims  within  six  montlis. 

4.  To  give  notice  to  said  bill  holders,  and  other  creditors,  by 
a  three  months"  publication  in  iome  public  gazette  of  the  State. 

o.  To  make  annual  returns  of  his  receipts  and  disbursements, 
to  the  Judge  of  the  Su])erior  Court  of  the  county  at  the  iirst  term 
held  every  year ;  t<j  ju'oduce  vouchers  and  swear  to  the  return, 
which  shall  be  })assc(]  n]H.ii  by  said  Jii(li.':c,  and  cjitercd  on  the 
minutes  by  the  Clerk. 

«'..  To  distrilmte  the  assets  after  paying  all  tlic  debts  of  the 
corporation  among  tlic  stocklioldcrs  in   j)roportion  to  their  stock. 

§1437.   On  failure   t*.  comply   substantially    Mitli    any   of  theooi.),.cuft.- 
above  re<piircmcnts.  he  forfeits  hi^  comjteiisation.      His  com]>en-,',^v,T. a<". 
hation  sliall  be  the  same  a>  that  allowed  administrators  ;  bnt  u]ion 
special  a])plicatioii.  the  court  may  alhtw.  tor   good    cause  shown, 
additional  com])ensation. 

§  143s.    lithe  bank  is   insolvent,  the   order  of  paying  oil"  the  order  or 
debts  shall  be  the  >ame  a>  is   jtrcsenJK'd    in   rases  of  administra-SfTn^^ivont'^ 


•280      PT.  1.— TIT.  10.— CHAP.  1.— Agricultuke,  Tkade,  &o. 

Article  3. — Forfeiture  of  Bank  Charters  and  Liability  of  Stockholders. 


tion,  to  the  extent  applicable,  except  where  special  preference  or 
postponement  is  given  l)y  hnw 
luwhat  iJl-ioO.  Debtors  are  not.  ill   sncli  a  ease,  allowed  to  pav  their 

funds  debts  .  .      ,  .,i  .    ,       i         i  ^      -  ^' 

dae  are  to  be  debts  to  the  receiver  in  l)ills  ot  tlic  l)aiik  at  their  par  vahie,  un- 

|)aid.  . 

less  accompanied  by  an  affidavit  tliat  tliey  are  tlie  identical  bills 
received  from  the  bank  by  wliich  the  debt  was  created. 
When  ^1440.  If  the  assets  of  the  l)ank  are  insnfhcient  to  pav  all  its 

stockholders        ■,.■,,.  ■•  .  in  •  •  i  ii 

aresueabic.  liabilities,  the  receiver  sliall  bring  snit  against  the  stockholdeif? 
in  his  own  name  for  their  unpaid  stock  to  an  amonnt  wjiich  \vill 
be  their  proportion  for  the  liqnidation  of  all  the  debts,  and  on 
his  failure  to  do  so,  any  creditor  may  nse  his  name  for  that  pur- 
pose. 

Abatement  §1441.  Siiits  do  iiot  abate  by  reason  of  a  vacancy  in  tlie  re- 
ceivership, but  proceed  on  motion,  and  Avithont  any  scire  faciafu 
in  the  name  of  the  new  receiver. 

Assignment  §1442,  When  a  bank  surrenders  its  charter,  or  the  use  thereof. 
^  '""  *■  it  may  make,  in  good  faith,  an  assignment  of  all  its  effects  for  the 
payment  of  its  debts,  as  natural  persons  may,  but  it  cannot  there- 
by prevent  such  preference  among  its  creditors  as  the  law  gives. 

uow  it  may  §  144o.  A  Creditor  or  stockholder  may  move,  in  six  months,  to 
set  aside  such  assignment,  by  petition  addressed  to  the  Superior 
Court  of  the  county  M'here  the  bank  is  located,  setting  forth  the 
grounds  of  complaint  which  shall  stand  for  trial  before  a  special 
jury  at  the  Urst  term  of  the  court.  If  the  assignee  resides  in  the 
county,  he  must  be  served  as  in  other  cases  ;  if  not,  the  leaving 
a  copy  at  the  banking-house  shall  be  sufficient  service  ;  the  ser- 
vice shall  operate  as  an  injunction,  until  the  judgment  of  the 
court.  If  the  assignment  is  set  aside,  a  receiver  must  be  ap- 
pointed. 

How  want        §1444.  A  g(^od  assigiiuieiit  shall  not  fail  for  the  want  of  an  as- 

ofassiKnoe        •  tiji  i-  ,•  .  ,•  •, 

may  bo  re-   siguec,  out  tlic  coui't,  111  vacatioii  or  tei'iii   time,   may  ap]>oint  a 

receiver  who  shall  execute  tlie  assignment. 
How  stock-       §1445.  When  a  stockholder  in  any  bank  or  other  corporation 
bank,&c.,     is  individually  liable  under  the  charter,  and  shall   transfer  his 
leriiis'        stock,  he  sliall  be  exempt  from  such  liabilitv,  unless  he  receives 

stock.  .  •         <.  T  ....  1  ,.  1 

a  written  notice  irom  a  creditor  M'lthm  six  months  alter  such 
transfer,  of  his  intention  to  hold 'him  liable;  Provided.,  he  shall 
give  notice  once  a  month  for  six  months  of  such  transfer,  imme- 
diately thereafter  in  two  newspapers  in  or  nearest  the  place  where 
such  institution  shall  keep  its  ]n-incipal  office. 


PT.  1.— TIT.  16.— Agriculture,  Trade,  (fee.  281 

Chapter  2. — Notaries  Public. 

CHAPTER  II. 

NOTARIES  PUBLIC. 

Sectio.v.  Sectiox. 

I44t).  By  whom  appointed.  '    1450.  Tlieir  jurisdiction. 

1447.  Tlieir  oatli  of  office.  |   1451.  Their  authority. 

1448.  Their  term  of  office.  M52.  Must  have  a  seal,  &(; 

144rt.  Tlieir  iiiialiliention. 

>^  1446.  The  power  to  appoint  Xotaries  Piil)li('  is  ve!>ted  in  the  ^ounes 
Justices  oftlie  Interior  Court,  exchisively.  Mhom%'-^ 

§  144-7.  I'el'ore  entering  on  tlie  duties  of  their  ottice,  they  sliall^°'t^'^j.jj„ 
take  and  subscribe,  helbre  the  Clerk  of  the  Inferior  Court,  tlie  {j^''^'^  ^'"'' 
following  oath,  which  shall  be  entered  on  his  minutes : 

"  I  swear  that  I  Avill  promptly,  faithfully  and  impartially  dis- 
charge all  the  duties  the  law  re(piires  of  me  as  a  Xotary  Public 
in  this  county,  whenever  requested,  to  the  best  of  my  skill  and 
knowledge.     So  help  me  God.'' 

§  1448.  They  hold  their  offices  for  four  years,  revocable  at  any -j-j^^jj.  ^^^^ 
time  by  said  Justices,  at  the  end  of  which  time,  if  continued,  *"'°®'"-'- 
they  must  be  renewed  on  the  minutes.     The  Clerk  must  issue  to 
them  certificates  of  their  a])i)(iiiirnicnt  and  (|ualitication,  and  kee}) 
a  register  of  their  names. 

§1441.>.  A  Xotary  must  be  twenty-one  years  old,  ov  an  attor- ^^.e  an.i 
ney  at  law,  and  of  good  moral  character.  '^ot^r^^"^ '^^ 

§  1400.  Their  notarial  acts  can  only  be  exercised  in  the  county  where  their 
of  tlieir  residence  and  appointment.     Ptemoval  from  the  county  bft^xoT^ 
vacates  the  office.  *"'*'"'' 

^1451.  They  have  authority — 

1.  To  t.ake  the  acknowledgements  of  all   writino-s  relatino-  to -^"'Jiority  of 
commerce  or  navigation,  and  to  witness  such  deeds  and  papei-s 
as  they  are  permitted  to  by  law. 

'2.  To  demand  acceptance  and  payment  of  all  connnercial  pa- 
per, or  paper  entitled  to  days  of  grace,  and  to  note  and  protest 
the  same  for  non-acceptance  or  non-payment. 

'•>.  To  certify  to  all  official  acts  Avhen  required. 

4.  To  administer  oaths  in  all  matters  incident  to  them  as  com- 
mercial officers,  and  in  all  other  matters  Avhen  specially  permitted. 

5.  To  exercise  all  other  powers  incunil)ent  upon  them  bv  com- 
mercial usage  or  the  laws  of  this  State. 

§1452.  For  the  authentication  of  their  notarial  acts,  each  Xo- Notarial 
tary  mu.^^t  ])j-(n-ide  a  .-eal  of  otlice,  whifli  shall  have  for  its  im])res- register. 


282 


FT.  1. — TIT.  10, — A(,Ru.'LJ/iLKE,  Tkakk.  tVr<\ 

•  "liapter  2. — Notaries  Public. 


sion  his  name,  officially,  and  the  name  of  the  State  and  county 
for  whicli  he  was  appointed.  Ai'ter  the  first  <>f  Janiiarv,  1862, 
a  iscrawl  sliall  not  be  a  siifhcient  notarial  seal.  He  must  keep  a 
fair  register  uf  all  his  notarial  aets  signed  by  him,  together  with 
the  date  of  the  transaction. 


CliAPTKK   IV. 

■HIF.S  AND  ."^K.l.MKN. 


Articj.e  1.   Pilotage. 
Aktk  LK  2.  Seamen. 


Commis- 
Biooers  of 
Pilotage — 
bow  ap- 
pointed. 


ARTICLK  1, 


PIL'VrACK. 


Skcxion. 
1453.  Comiiu.ssioiiers — liuw  iiiiimiinod. 
!  4r)4.  Tlieir  powers. 
1455.  Pilot's  oath  and  license. 
145G.  His  bond. 

1457.  Forfeiture  of  license. 

1458.  Commissioners  powers  and  duty. 

1459.  License — non-user  of 
14G0.  Pilot's  duty. 

1461.  Master  rejecting  pilot. 

11G2.  Pilot  bringing- in  vessel. 

14G:;.  Pilot  may  have  a  sul)stit;ule. 

14G4.  Notice  to  pilots. 

1465.  Pilot  must  moor  vessel. 

1166.  Tlis  fees — payment  of 

1  Ku.  Oarrying  olf  or  detaining  jiiluts. 


■    14  7.*?.  Record  of  rules  uuist  bo  kept. 

1-174.  SuVijf'ct  to  uispectiou. 

1475.  (jnmnn'ssioncrs  office — wliere  kept. 

14 7*;.  (Compel  attendance  of  witnesses. 

1477.  May  punish  defaidting  witnesses. 

147S.  Witnesses  may  be  cit^ed. 

\   1479.  Subpo'nas  and  interrogatories. 

I   1 480.  Fees  for  servmg  and  executing. 

1481.  Appeal — when  allowed. 

1482.  Testimony  after  appeal. 

1 4  81!.  Fees.  kc. — how  disposed  of. 

1484.  I'ilots  receive  certificates — when. 

1485.  Brands  pilots — how  appointed. 
148(i.  Penalty  lor  discharging  ballast,  &c. 

1    1487.  Proceedings  against  master. 


14G8.  Fees  of  pilot  boat  in  certahi  cases.;  1488.  Pilot  failing  to  give  notice. 

1469.  Letters — delivery  of                          ;  1489.  Incoriiorat(>d  towns — powers  of. 

1470.  Pilot's  fees  in  special  cases.              '  1490.  Suits— by  whom  brought. 

1471.  Pilots  in  defaidt — penally.  1491.  Preseiif  conmiissioners  eontiuue. 

1472.  Damages  to — by  whom  settled. 

§1453.  The  corporate  authorities  of  Savannah,  Darien.  Bruu:?- 
■wick  and  Saint  Marys,  shall  have  power  respectively  to  appoint 
Commissioners  of  Pilotage,  not  exceeding  seven  in  numl)er,  for 
each  place,  of  whom  a  majority  shall  be  a  (juoi'imi  as  follov/s, 
that  is  to  say  :  the  authorities  of  Savanmdi  for  the  Bar  of  Tybee, 
and  River  Savannah,  and  the  several  bars  and  inlets  north  of 
Sapelo  J^>ar;  the  authorities  of  Darien  for  Sapelo  Bar,  and  River 


PT.  L— TIT.  16.— CHAP.  4.— Agkicultcre,  Tkade,  ifcc.      283 

Article  1. — Pilotage. 

Altamaba,  and  for  the  several  bai-s  and  inlets  south  of  Sapelo 
Bar  as  far  as  St.  Simon's  Bar ;  the  authorities  of  Bnmswick  for 
the  Bar  of  St.  Simons  and  Turtle  "River,  and  the  several  hars 
and  inlets  north  of  the  Great  Satilla  River,  and  the  authorities 
of  St.  Marys  for  the  bar  of  the  Great  Satilla  River,  the  Bar  of 
St.  Marys,  and  all  bars  and  inlets  between  the  two.  All  vacan- 
cies shall  be  tilled  by  sucli  corporate  autliorities  respectively  in 
the  Board  of  Commissioners  in  which  a  vacancy  shall  occur,  but 
no  owner  or  part  owner  of  a.  pilot  lt(»at  sliall  be  allowed  to  act  as 
Commissioner  of  Pilotage. 

§1454.  The  said  Commissioners  are  empowered  to  license  such  rowers  or 
persons  beinc;  citizens  of  the  Contederate  States,  ol  orood  char- sionere  of 
acter,  as  tliey  shall  think  most  tit  to  act  as  pilots  tor  the  conduct- 
ing of  vessels  inward  to,  and  outward  from,  the  several  i)orts  for 
which  they  shall  be  licensed  during  their  good  ])ehavior.  Pilots 
already  licensed  for  any  of  said  ports  shall  continue  to  act  until 
removed  for  cause,  Xo  person  other  than  a  duly  licensed  pilot 
shall  be  entitled  to  receive  any  fee,  gratuity  or  reward  for  con- 
ducting or  piloting  any  vessel  iuM'ard  to,  or  outward  from,  any 
of  the  ports  or  harbors  for  which  a  ]>i]ot  shall  be  licensed;  any 
person  so  acting  without  authority,  or  interfering  with  or  dis- 
turbing a  licensed  pilot  in  the  way  of  his  duty,  may  on  convic- 
tion be  tincd  and  imprisoned  at  the  discretion  of  any  court 
having  jurisdiction,  but  any  person  may  assist  a  vessel  in  distress 
without  a  j)ilot  on  board,  if  such  person  shall  deliver  u]>  the 
vessel  to  the  tirst  ])ilot  who  comes  on  board  and  offers  to  con- 
duct it. 

§1455.  The  license  to  a  pilot  must  be  in  the  form  of  a  certiii- piiot'3  ii- 

,,,  .  I'l  !•  11  '      'J.         ,» cense  and 

c ate  of  Ills  ;i]ipointmeiit,  whicli  must  be  signed  \*\  a  majority  otoath. 
the  commissit)ners,  or  by  their  chairman,  by  their  direction,  and 
each  pilot  on  receiving  his  license  >hall  take  and  subscribe  an 
oath  in  the  following  form  : 

*' I,  A  B,  appointed  ])ilot  for  the  port  and  harbor  of  , 

do  swear  that  I  will  faithfully  and  according  to  the  best  of  my 
ability  perform  the  duties  of  a  pilot  in  and  for  the  said  port  and 

harbor  of ,  and  will  at  all  times,  wind,  weather  and  health 

permitting,  use  my  best  endeavors  to  repair  on  board  every  ves- 
sel I  shall  see,  and  conceive  to  be  bound  for,  coming  into,  or 
going  out  of  the  said  port  and  harbor,  unless  I  am  well  assured 
there  is  some  other  licensed  pilot  on  board  the  same;  that  T  will 
from  time  to  time  make  tlie  best  dispatch  in  my  power  to  con- 


:284      PT.  1.— TIT.  IH.— CHAP.  4.— Agriculture,  Trade,  <fec. 

Article  1. — Pilotag-e. 

vey  any  vessel  committed  to  my  charc;e  coming  into  or  goingr  out 
of  said  i)ort  and  harbor,  and  will   at   all  times  well  and  truly 
observe,  fulfill  and  follow  to  the  best  of  my  skill  and  judgment 
all  such  orders  and  directions  a^^  I  may  receive  from  the  Com- 
missioners of  Pilotage  in  all   matters  and  things  relating  to  the 
duty  of  a  pilot." 
PiiofBbon.!.      §  145(').  Before  rccciviug  liis  liccnsc  the  pilot  must  make  and 
deliver  to  the  commissioners  a  bond  payable  to  the  cliairman  of 
the  board,  and  his  successor  in   office,   in  the  penal  sum. of  two 
thousand  dollars,  with   security,  to  be  approved  by  the   commis- 
sioners, and  with  condition  faithfully  to  perform  his  duties  as 
pilot,  which  bond  shall  be  renewable  at  the  discretion  of  the 
Commissioners,  with  sucli  security  or  additional  security  as  they 
may  require. 
License'  of        §  1457.  The  couimissioners  may  deprive   any   pilot  of  his  li- 
forfeiteiL^    ccusc  for  waut  of  skillfuluess,  for  a  wilfull  violation  of  liis  duties, 
or  the  orders,  or  regulations  of  the  commissioners;  for  negli- 
gently, or  carelessly  losing,  or  injuring  any  vessel  in  his  charge, 
or  when  laboring  under  mental  derangement,  or  when  so  addicted 
to  habits  of  intoxication  as  to  unfit  him  in  their  judgment  to  be 
entrusted  with  the  chai-ge  of  a  vessel,  but  in  every  such  case  an 
appeal  may  be  had  as  is  hereinafter  provided. 
Power  an.i       §1458.  The  commissioners  shall  have  power,  and  it  is  their 
commas-      duty  to  prescril)o  rules  and  regulations  for  the  government  of 
piiotegc'    "pilots,  and  to  })rescribe  the  fees  for  tlieir  services,  and  they  may 
also  impose  such  penalties  for  neglect  of  duty,  not  iiu.-onsistent 
with  this  law,  as  they  may  think  proper,  ])ut  until  altered  by 
competent  authority  the  fees  of  pilots  shall  remain  as  now  fixed 
by  law. 
License  for-      §1455*.  Auv  }nlot  wlio  fails  to  iict  as  pilot  for  three  months,  or 
nln-ut'r      abseuts  himself  for  ten  days  at  any  one  time  without  leave  of 
and fibsinco,  ^l^g   commissiouers  may  l)e   deprived  of  his    license;    and  any 
pilot  who  shall,  with  knowledge  of  the  arrest  of  any  vessel  under 
civil  process  from  any  court  of  record  of  this  State,  conduct  or 
pilot  such  vessel  out  of  the  port  or  harbor  where  sncli  arrest  is 
And  for  pi-    made,  and  whilst  such  vessel  is  in  charge  of  a  civil  officer,  shall 

loting  vessel    ,.      ,.  .      ,  .      ,.  ,    •,  .  t  i-jj     i      ■ 

under  arrest,  lorieit  liis  liceusc,  aud  be  torovcr  disquahtied  trom  acting  as 
pilot,  besides  forfeiting  sucli  sum  as  a  jury  may  assess  for 
damages. 

Duty  of  pi-        §1460.  Everv  i)ilot  l)oat  cruisiiio;,  or  standinii:  out  to  sea,  must 

lots.  "  _     •      ^  ~  ~ 

ofler  the  services  of  a  pilot  to  the  vessel  nearest  the  bar,  unless  a 


PT.  1.— TIT.  16.— CHAP.  4.— A(,KicuLTUKE,  Tkade,  itc.       285 


Article  1. — Pilotaee. 


vessel  more  distant  be  in  distress,  under  penalty  of  fifty  dollars 
for  each  and  every  neglect  or  refusal,  either  to  approach  the 
nearest  vessel,  or  to  aid  lier  if  required,  or  to  aid  any  vessel  in 
sight  showing  signals  of  distress;  and  the  connnissioners,  or  a 
majority  of  tlieni,  may  fur  sucli  neglect  or  refusiil  de])rive  the 
pilot  of  his  license. 

§1461.  Any  person,  master  or  commander  of  a  ship  or  vessel  Master  le- 

1  .  .  '  1  ,•     ^  i  11  ,•     1   •      <-<  iecting  pilot, 

beanng  towards  any  oi  the  ports  or  lini-hors  ot  tins  State,  except  to  pny  his 
coasters  in  this  State,  and  between  tlic  i»orts  of  this  State  and*^^*^*^^ 
those  of  South  Carolina,  and  between  the  jiorts  of  this  State  and 
those  of  Florida,  and  who  refuses  to  receive  a  pilot  on  board 
shall  be  liable,  on  his  arrival  in  such  port  of  this  State,  to  pav 
the  first  pilot  who  may  have  ofiered  his  services  outside  the  bar, 
and  exhibited  his  license  as  a  pilot,  if  demanded  by  the  master, 
the  full  rates  of  julotage  established  by  law  for  such  vessel. 

s^  1462.  The  pilot  who  brings  a  vessel  into  port  shall  have  the  pji^t  ,,,.;„ 
exclusive  right  to  take  her  out,  unless  the  master  of  such  vessel  j"^*;  aV'i^*"* 
shall  prove  to  the  satisfaction  of  the  commissioners  that  such  pj.  t" 'f""'i  >' ""f 
lot  misbehaved  himself  whilst  in  charge  of  the  \essel,  or  was,  in 
the  mean  time,  deprived  of  his  license,  or  that  such  pilot  had  ob- 
tained the  inward  pilotage  against  the  right  of  some  other  ])ilot, 
tii*st  oifering  his  services,  and,  in  any  of  these  cases,  another  ]n'lot 
may  be  employed. 

§1463.  Any  pilot  having  the  right  to  take  a  vessel  out  of  port  ,,i,(,j,„j, 
may  attend  in  person,  or  j)rocure  another  person  out  of  the  l>ilot-"*^!"  *"'^*" 
boat  to  which  he  is  attached,  to  attend  for  him;  and  if  any  mas- 
ter or  owner  of  any  vessel  in  port,  employ  any  other  ])ilot  to  car- 
ry his  vessel  down  the  i-iver,  oi-  to  sea,  but  the  pilot  who  brought 
her  in,  or  one  belonging  to  the  same  boat,  unless  good  and  sulfi- 
cient  cause  shall  ai)pear  therefor,  on  due  proof  thereof  before  the  Snst  mas- 
commissioners,  he  shall  be  liable  to  a  fine,  not  exceeding  one  bun- jHoy^ns an- 
dred  dollars,  one-half  to  the  })ilot  lawfully  claiming  the  pilotage """"^ '"'°'' 
of  the  vessel ;  l)nt  should  such  pilot  neglect  or  refuse  to  attend, 
and  carry  down  such  vessel  when  ready  for  sea  (wind,  M-eather 
and  tide  permitting)  when   thereunto  reipiired   by  the   master, 
owner  or  consignee,  such  pilot  shall,  on  conviction  thereof,  before  i'.  naity 
tlic  P>oard  of  Commisioners,  forfeit  the  upper  julotage  of  such  fo"r ITouoE 
vessel,  and  be  liable  to  a  line,  not  exceeding  one  hundred  dollars,  m;" 
and  any  ])ilot  acting  on  b(>ard  such  vessel,  when  he  has  no  right, 
shall  be  lial)le  to  the  same  penalty;  Provided,  the  commission- 
ers  have  not  sufficient  evidence  of  the  necessitv  of  his  actinij,  and 


286       PT.  i.— TIT.  16.— CHAP.  4.— Agkicultuke,  Tkade.  &c. 


Article  ]. — Pilotasre. 


Penalty  fur   shall,  iiioreover,  be  liable  to  the  pilot  havincr  the  riffht  for  earry- 
without       iiicv  the  same  vessel  out. 

right.  '=' 

Pilot  to  be        §li64.  The  master  of  a  vessel  in  readiness  to  leave  must,  if 

vesseFs  dc-  practicable,  give  notice  to  the  pilot  entitled  to  conduct  the  vessel 

out,  of  liis  intention  to  leave,  or  to  some  other  pilot  belonging  to 

the  same  boat ;  Provided^  sucli  pilot  l)e  at  the  place  of  departure 

of  such  vessel,  or  near  thereto. 

Pilot  must        §1465.  Everv  pilot,  in  anv  of  the  harbors  aforesaid,  bringing 

'  moor  vessel.  -  ''  .  '.•iii  in  i 

any  vessel  to  anchor  m  any  ot  said  harbors,  shall  moor  such  ves- 
sel, or  give  proper  directions  for  the  mooring  of  the  same,  and 
the  safe  riding  tliereof,  subject  only  to  the  legal  harbor  regula- 
tions of  each  port. 
Pilot's  lees        §  1466.  A  pilot  briui>'iuo"  a  vessel  into  port  shall  be  entitled  to 

to  be  paid       .  .       ,         ,       ,  *^       "~ 

before  ves-   jug  tecs  before  her  departure  from  port,  to  be  ijaid  in  advance,  or 

sel  leaves.  ..  ^-^  ^  ••ii 

security  given  for  the  payment,  and  on  failure  thereof,  he  may 
refuse  to  carry  the  vessel  out,  and  all  fees  for  pilotage  may  be  de- 
manded and  recovered,  in  any  court  having  jurisdiction,  from 
the  owner,  master,  or  consignee  of  the  ^^essel,  and  if  any  licensed 
pilot  shall  ask  or  demand  more  fees  for  his  services  than  are  speci- 
iied  in  the  rates  of  pilotage,  on  due  proof  thereof  before  the  com- 
missioners, he  shall  forfeit  double  the  amount  of  such  vessel's  pi- 
lotage. 
Penalty  for        8 1467,  Tlic  owiicr,  iiiastei',  or  consignee  of  am-  ^'essel  carrying 

Ciirrying  otf  "  -i     .        ,•  i  ^  ^  •  "  ,    i   •  '  -        ^ 

or  dctninins  Oil  any  pilot  ot  sucii  vesscl,  and  against  his  consent,  to  any  port, 
either  foreign  or  on  the  coast,  shall  be  liable  to  such  pilot,  in  an 
action  on  the  case,  for  the  payment  of  all  reasonable  expenses, 
and  for  the  further  sum  of  not  exceeding  three  dollars  a  day,  dur- 
ing the  necessary  absence  of  the  pilot ;  Provided,,  the  carrying 
away  of  such  pilot  be  not  owing  to  any  default,  misconduct,  or 
negligence  on  his  part,  and  the  master  of  a  vessel  detaining  a  pi- 
lot on  board  his  vessel,  the  wind  and  weather  permitting  him  to 
go  to  sea,  shall  be  liable  to  pay  such  pilot  three  dollars  a  day  for 
every  day  he  is  so  detained. 

Pees  of  pilot-      §1468.  When  any  pilot  boat,  belonging  to  a  different  pilot 

ing  pilot  than  the  one  who  may  have  conducted  a  vessel  out  to  sea,  takes 
such  pilot  off  from  such  vessel,  such  pilot  boat  shall  be  entitled 
to  one-third  of  the  pilotage. 

Pilot's  fees        §  1469.  Whenever  a  vessel  shall  touch  oft'  the  bar  of  Tybee, 

for  deliver-      ,        ,  .  .,,,.,  i  i  i  i* 

ing  letters,  tor  lustructious,  any  pilot  deuvermg  on  board  such  vessel  any 
letters  or  orders,  shall  be  allowed  full  bar  or  Cockspur  pilotage  in 
and  out. 


Z^Z"^^^-  It:.— CHAP.  4.— A..KK  L  LTLKK,  Tkade,  6cc.       287 
Article  1. — Pilotag-e. 


§1470.  Any  pilot  belonging  to  any  port  in  this  State,  meet- Pilot's  feea 
ing  at  sea  with  any  vessel  bound  to  another  2>ort  within  the ^I'ssd to'*°^ 
same,  shall,  if  capable,  and  thereunto  required,  take  charjje  of.Prt/"^ 
and  pilot  such  vessel  into  such  port,  and  shall  be  paid  two  dol- 
lars per  day  for  every  day  such  pilot  may  be  on  board  such  ves- 
sel at  sea,  without  the  bars,  over  and   aboAe  the  usual  rate  of 
pilotage,  and  no  other  pilot  shall  interfere  Avhile  the  former  is 
willing  to  continue  his  services. 

§1471.  If  any  vessel  whatsoever,  or  the  cargo  or  freiglit  there- rvfauit  of 
of,  shall  receive  any  damage  or  miscarriage,  or  be  lost,  throuffh  jilini-^f^" 
the  negligence  or  default  of  any  ]»ilut,  after  such  })ilot  takes 
charge  of  the  same,  and  the  claim  exceeds  one  huncb-ed  <lollar>. 
the  snid  i)ilot  shall,  in  such  case,  on  conviction  thereof  before 
any  (-(.iirt  of  record  in  this  State,  be  obliged  to  answer  and  make 
good  to  rl)e  sufferers,  or  the  master  of  said  vessel,  all  and  everv 
the  damages  whicli  he  shall  sustain  thereby. 

§147l>.  All  other  cases  of  damage  or  difference  that  may  arise  other  ca^e« 
or  be  made  against  any  master  or  pilot,  for  or  concerning  the  °o  i^'^eui'd 
pilotage  of  any  vessel,  or  any  other  matter  relative  to  the  busi- ^■'' '"""'''^ 
ness  or  care  of  a  pilot,  in  any  of  said  harbors,  sliall  be  heard  and 
determined  \)x  the  cojnmissioners,  or  a  majority  of  them,  ap- 
pointed for  the  care  of  the  pilotage  where  such  damaiic  or  dispute 
shall  arise,  who  Ky  their  decree  or  order  shall  lawfully  decide 
and  regulate  every  such  damage  or  difference,  and  wht»  shall 
have  i>ower  to  eTifor<-e  such  decree  or  order  by  execution  or  war- 
rant of  distress  under  their  hands  and  seals,  or  the  hands  and 
seals  of  any  three  of  them,  directed  to  any  Sheriff'  or  Constable 
of  the  <-ounty  where  such  execution  issues,  commanding  the  sale 
of  the  offender's  goods,  or  so  much  thereof  as  shall  be  sufficient  to 
satisty  such  execution  or  warrant,  and  all  sales  thereunder  shall 
be  conformable  to  the  laws  of  the  State  in  other  cases  of  sale; 
and  such  Sheriff  or  Constable  sludl  be  liable  to  be  ruled  before 
the  Judge  of  the  Superior  Court  as  in  other  cases,  in  term  time  or 
vacation,  for  any  default  in  duly  executing  such  process,  but  in 
case  of  a  sentence  or  judgment  for  more  than  twenty  dollars,  an 
appeal  may  be  had,  as  is  hereinafter  })rovided. 

§  1478.  The  connnissioners  shall  preserve,  in  a  neatly  bound  commi.s'or« 
book,  a  record  of  all  their  acts,  and  of  the  rules  and  regulations  record  of "' 
adopted  by  them  for  the  direction  and  govermuent  of  the  ])ilots  :  '"'■'"  **^ 
but  in  the  city  of  Savannah,  such  rules  and  regulations  shall  not 
be  operative  until  approved  by  the  city  c«Hincil.     They   inust 


288      PT.  1.— TIT.  10.— CHAP.  4r.— Agkicultuke,  Trade,  &c. 


Article  1. — Pilotao^e. 


designate  one  of  their  number  as  chairman,  and  cause  a  record 
thereof  to  be  made,  and  prescribe  such  fees  for  the  service  of 
the  pilots,  and  impose  such  fines  and  penalties,  not  inconsistent 
with  the  pro^-isions  of  this  chapter,  as  they  may  deem  expedient. 
They  must  also  preserve  upon  record,  a  list  of  all  persons  ap- 
pointed })ilots  l)y  them,  as  well  as  those  by  them  suspended. 
Fees  of  sec-       §  1474.  All  v)ersons  interested  shall  have  access  to,  and  be  per- 

retary.  "  ^  .  ,  .  , 

mitted  to  have  copies  of  the  records,  and  copies  thereof  certified 
by  the  chairman  or  secretary  shall  be  presumptive  evidence  of 
the  facts  therein  stated.  The  secretary  of  the  commissioners 
shall  have  such  salary  or  fees  as  the  commissioners  may  deter- 
mine, and  such  salary  or  fees  shall  be  paid  out  of  lines  and  for- 
feitures, or  such  other  fund  as  shall  be  under  the  control  of  the 
Office  an.i    commissioners. 

records  of 

commission-      §  1475.  The  officc  of  tlic  commissiouers  must  l)e  kept  in  some 

ers,  <fer.  o  i 

suitable  place,  of  which  the  pulilic  shall  have  notice,  and  their 
books,  papers  and  records  may  l)e  kept  in  such  office,  or  in  the 
commis-      officB  of  any  court  of  record  in  the  county. 

sioners  may  -i■^^^  i  <  i      1 1   i  '      J» 

compel  at-        §1470,   When  tlie  attendance  of  any  person  shall  be  requn'ed 

tendance  of         '^  ,.!'.■,. 

witnesses,  as  a  witucss  bcforc  the  commissioners  of  pilotage  in  any  matter, 
or  claim  of  which  they  shall  have  jurisdiction,  it  shall  be  the  du- 
ty of  their  secretary,  on  application,  to  issue  summonses  in  the 
nature  of  writs  of  subpcjena,  to  be  signed  by  him  and  directed  to 
the  persons  whose  attendance  shall  be  required,  when  such  per- 
sons reside  in  the  county  where  such  matter  or  claim  may  be  de- 
pending. The  summons  shall  express  the  cause,  and  the  party 
at  whose  >uit  it  shall  be  issued,  and  shall  be  served  on  such  wit- 
nesses at  least  twenty -four  liours  before  the  meeting  of  the  com- 
missioners, to  which  it  shall  be  returnable,  and  it  shall  be  served 
by  the  messenger  of  such  commissioners,  or  a  Constable,  and  the 
return  of  such  officer,  shall  be  evidence  of  the  service  of  the 
sid)pcena. 

d^fanmn- ^  §  1477.  Any  witness  thus  summoned,  whose  testimony  shall 
appear  to  be  material,  and  who  shall  fail  to  appear,  may  be  at- 
tached by  the  commissioners,  and  the  attachment  shall  l)e  directed 
to  a  Sheriff  or  Constable,  and  made  returnable  to  the  next  Supe- 
rior or  Inferior  Court  of  the  county,  and  such  court  may  fine 
such  witness  in  a  sum  not  exceeding  one  hundred  dollars,  unless 
a  good  excuse  be  made  to  the  Judge  of  said  court,  but  such  ^\dt- 
ness  shall  nevertheless  be  liable  to  action  at  the  suit  of  the  party 
injured  by  such  non-attendance. 


■witnesses. 


FT.  1.— TIT.  IG.— CHAP.  4.— Aghk  i  ltlke,  Tkadk,  iNcu.       289 

Article  1  — Pilotage. 


S 1478.  When  any  witness  may  be  a  seaman  or  transient  per-  May  cUc 

V  t!  •'  i  witnesses  to 

son,  the  commissioners  mav  issne  subpcfna  to  such  witness  by  answer  in- 

'  ■  _  ^  _  ■'    tPiTopato- 

their  Secretary,  requiring  such  witness  to  ai)pear  at  a  time  and  f''"*- 
place  therein  stated,  l)efore  any  Justice  of  the  Peace,  or  of  the 
Inferior  Court  of  tlie  county,  to  answer  written  interrogatories  to 
be  propounded  to  him. 

§1479.  Tlie  subpoMUi  must  be  served  twenty-four  hour^  be-s.rviceof 
fore  it  is  returnable,  and  notice,  for  tlie  same  length  of  time,  SJc.^*^"**' 
must  be  given  to  the  adverse  jiarty.  or  attorney,  agent  or  con- 
signee of  the  time  and  place  of  putting  such  interrogatories. 
The  officer  taking  the  depositions  shall  seal  u])  and  ])roperly  en- 
dorse and  return  such  depositions,  which  may  be  otiered  by  con- 
sent or  by  ordei-  of  the  commissioners,  and  sliall  stand  in  the 
place  of  the  oral  examination  of  siu-h  witness,  wlien  his  personal 
attendance  cannot  be  procured. 

§1480.  The  Secretary's  fees,  for  each  subpu*na,  shall  be  twen-p^^,^ 
ty-five  cents  ;  for  each  attachment,  fifty  cents :  for  examining  a  ^^^^^J^^^- 

''  '  ..  '  o       poenAS,  ace. 

witness,  the  Justice  of  the  Peace  shall  receive  one  dollar;  the 
Sheritf  or  Constable,  for  serving  any  sul)p(ena,  shall  receive  twen- 
ty-five cents,  and  for  executing  and  returning  an  attachment  to 
court,  fifty  cents. 

§1481.  In  any  case  where  a  pilot  shall  be  sus})ended,  or  where  Appeal  from. 
a  fine  exceeding  the  sum  of  twenty  dollars  shall  be  imposed  bylf'l^mL 
any  judgment  or  decision  of  the  Board  of  Commissioners,  or  where 
the  license  or  warrant  of  a  pilot  shall  be  revoked,  tlien  the  per- 
son so  fined,  or  the  pilot  so  suspended,  or  whose  license  or  war- 
rant shall  be  revoked,  may  petition  the  Judge  of  the  Superior 
Court,  of  the  county  where  such  judgment  or  sentence  may  be 
made,  setting  forth,  on  oath,  the  circumstances  of  the  case,  a  copy 
of  which  petition  shall  be  served  on  the  acting  chairman  or  sec- 
retary of  such  l)oard  at  least  three  days  before  the  return  of  any 
rule  thereon,  and  if,  on  reading  such  petition,  the  Judge  shall 
think  there  is  sufficient  ground  for  the  allowance  of  an  appeal, 
he  shall  therein  direct  an  issue  to  be  made  up  between  such  com- 
missioners and  the  appellant,  wdiich  issue  shall  be  tried  by  a  spe- 
cial jury,  as  in  other  appeal  cases,  at  the  next  term  of  the  Supe- 
rior Court,  unless  good  cause  be  shown  for  a  continuance ;  and  if, 
upon  such  trial,  a  verdict  shall  be  rendered  in  favor  of  the  appe- 
lant, the  said  Judge  shall  make  a  rule  remitting  such  fine  or  re- 
storing the  suspended  pilot,  or  the  pilot  whose  warrant  or  license 
may  have  been  revoked  as  aforesaid. 

ly 


ju(le:inent 
of  commis- 
sioners, &c. 


290       PT.  1.— TIT.  16.— CHAP.  4.— Agkigulture,  Trade,  &c. 

Article  1. — Pilotage. 


Commis- 
sioners to 
take  testi- 
mony, &c. 


Fines  and 
forfeitures  — 
how  dis- 
posed of. 


Pilots— 
when  to  re- 
ceive certirt- 
cate. 


Branch  pi- 
lots— how 
appointed. 


Penalty  for 
discharging 
ballast  in 
harbor. 


Proceeding 
for  violation 
of  preceding 
section. 


§1482.  In  tlie  case  of  an  appeal,  as  aforesaid,  commissions 
may  issue  to  take  tlie  depositions  of  any  person  not  a  resident  of 
the  county,  or  whose  oral  testimony  cannot  be  conveniently  had, 
as  in  other  cases,  before  such  Superior  Court,  but  no  such  com- 
missions shall  issue  but  upon  tliree  days'  notice  to  tlie  opposite 
party,  by  service  of  a  copy  of  the  interrogatories  to  be  exhibited 
as  in  other  cases. 

§  1483.  All  iines  and  forfeitures  collected  l)y  the  commission- 
ers, shall  be  applied  towards  payment  of  the  ordinary  expenses 
of  the  board,  and  the  residue  shall  be  expended  by  the  connnis- 
sioners  towards  improving  the  navigation  of  the  2")ort  or  harbor 
where  such  fines  and  forfeitures  are  inflicted. 

§  1484.  Xo  person  shall  receive  a  certificate  to  act  as  pilot  un- 
til he  shall  have  served  two  full  years  in  a  decked  boat,  and  have 
given  satisfactory  evidence  of  character  and  skill,  and  every  cer- 
tified pilot  shall  serve  eighteen  months  before  he  shall  be  entitled 
to  an  increased  authority,  but,  in  case  of  emergency,  such  addi- 
tional pilots  may  be  appointed,  as  the  Mayor  or  other  chief  offi- 
cer of  the  port  may  determine,  the  foregoing  restrictions  to  the 
contrary  notwithstanding. 

§  1485.  All  branch  pilots  must  be  appointed  by  the  commis- 
sioners, and  whenever  a  vacancy  occurs  in  a  brancli,  the  person 
who  has  served  the  longest  time  as  an  apprentice  must,  if  deemed 
competent  by  the  commissioners,  be  appointed  to  the  vacancy ; 
but  no  person  can  hold  a  branch  who  is  not  engaged  in  pilotage. 

§  1486.  If  any  master  of  a  vessel,  or  water-craft  of  any  descrip- 
tion, shall  throw,  or  permit  to  be  thrown  from  on  board  such  ves- 
sel or  water-craft,  into  any  of  the  waters  of  any  bay  or  harbor  of 
this  State,  or  within  three  miles  of  the  outside  bar  of  any  such 
bay  or  harbor,  any  stone,  gravel  or  other  ballast,  he  shall  forfeit 
a  sum  not  less  than  five  hundred,  nor  more  than  two  thousand 
dollars  for  any  such  offence,  and  may  be  imprisoned  not  exceed- 
ing three  months,  at  the  discretion  of  the  court,  one-half  the  for- 
feiture to  be  paid  to  any  one  first  giving  information  of  the  of- 
fence to  the  commissioners,  and  the  other  half  to  the  use  of  the 
commissioners  of  said  harbors,  respectively,  for  improvement  of 
navigation. 

§1487.  Upon  the  commissioners  receiving  satisfactory  evidence 
of  the  ofience  specified  in  the  preceding  section,  it  shall  be  their 
duty  to  proceed  to  recover  such  forfeiture,  by  process  of  attach- 
ment, in  the  name  of  the  State,  which  may  be  issued,  as  other  at- 


PT.  1.— TIT.  16.— CHAP.  4.— Agrici-ltuke,  Trade.  &c.       291 


Article  1. — Pilotage. 


tachments,  on  the  oath  of  the  informer,  or  of  one  of  the  commis- 
sioners, and  l)e  levied  on  the  vessel  from  wliieli  the  offence  was 
committed.  The  vessel  maj  be  replevied  by  tlic  master,  owner 
or  consignee,  by  giv'ing  bond,  payable  to  the  State,  in  double  the 
amount  of  the  penalty,  with  condition  to  have  the  vessel  forth- 
coming to  satisfy  such  judgment  as  may  be  rendered  in  the  suit. 

§1488.  It  sliall  be  the  duty  of  every  pilot,  having  knowledge  Penalty 
of  the  commission  of  the  offence  speciiiod  in  the  two  preceding  fo^wnMau* 
sections,  to  give,  as  soon  as  practicable  tliereafter,  information  Xn"t 
thereof  to  the  connnissioners,  and,   failing  to  do  so,  such  pilot 
shall  be  deprived  of  his  license,  and  be  tliereafter  forever  disqual- 
ified for  the  office  of  pilot. 

§1480.  The  City  Council  of  Savannah  shall  have  authority  to  incorpo- 
prohibit,  under  proj)er  penalties,  the  throwing  or  depositing  in  the  may prohTbu 
Savannah  river,  and  within  the  jurisdictional  limits  of  said  city,  charge  of 
of  any  substance  of  anv  nature  or  kind  which  might,  in  any  de-navieabie 

*  "  wfttcrs. 

gree,  lessen  the  depth  of  the  water  in  said  river,  or  any  part 
thereof  within  said  limits,  and  the  same  authority  is  hereby  vested 
in  the  corporate  authorities  of  the  other  towns,  respectively,  as  to 
navigable  waters  within  their  respective  jurisdictions. 

§  1490.  The  same  Boards  of  Commissioners  are  hereby  author-  suits  in  the 
ized,  in  their  own  names,  or  in  that  of  their  chairman,   respec- o*mm?8- 
tively,  as  such,  to  sue  for  and  recover,  to  their  own  use   and  the"'""^"' 
improvement  of  navigation,  any  forfeiture  which  may  accrue  un- 
der this  chapter,  whicli  is  not  otherwise  specifically  appropriated. 

§1491.  All  existing  appointments  of  Commissioners  of  Pilot- p^^ggnt 
•age,  and  of  ofiicers  under  the  same,  as  well  as  their  rules  and  reg- g°!U^^ ^c 
Illations,  not  contrary  to  law  at  the  time  of  the  adoption  of  this  *'^''"''  ^°°'^- 
Code,  shall  continue  good  and  valid  in  law,   according  to  their 
nature  and  terms,  until  superseded  by  authority  of  this  Code. 


ARTICLE  II. 

SEAMEN. 

^Section.  1  Section. 

1492.  Defaulting  seamen — how  punished.  |  1498.  Penalty  for  such  sliipping,  &c. 

1493.  Proceedings  against  deserters.  I  1499.  Boarding  vessel  to  abduct  seaman. 

1494.  Seamen  not  to  be  credited.  ,  1500.  Abductmg  seaman. 

1495.  Sale  of  liquors  to  seamen.  i  1501.  Harboring  deserted  seamen. 

1496.  Certificate  of  discharge.  i  1502.  Illegal  arrest  of  seamen. 

1497.  Shipping  an  articled  seaman.  | 


,Vi-4  m*.' 


292       FT.  1.— TIT.  lO.— CHAP.  4.— Agkiculturk.  Trade,  &c. 


Article  2. — Seamen. 


Penalty  S 1492.  Any  seaman  havino;  entered  or  shipped  himself  on 

against  s«i-  '-..■,.  .  I'lii 

men  absent-  board  any  vessel  withm  this  State,  or  which  shall  come  to  the 

ing  them-  "^  ,  ^ 

selves.         same,  and  having  signed  a  contract  with  the  master  or  com- 
mander thereof  to  proceed  npon  any  voyage  therein  mentioned, 
who  shall  absent  himself  from  any  such  ship  or  vessel  for  twenty- 
four  hours  without  leave  of  said  master  or  commander,  or  other 
chief  officer  having  command  of  such  vessel,  or  Avho  shall  neglect 
or  refuse  to  perform  his  duty  on  board  the  same,  or  refuse  to 
proceed  on  the  voyage  mentioned  in  such  contract,  nmy  be  ap- 
prehended on  warrant  from  any  Justice  of  the  Peace  within  hi^^ 
jurisdiction  upon  application  being  made  to  him  by  such  master 
or  commander  under  oath,  and  npon  proof  of  such  absence  with- 
out leave,  or  of  such  neglect  or  retusal  as  aforesaid  he  may  be 
committed  to  jail,  or  other  secure  place,  for  any  time  not  exceed- 
ing thirty  days,  or  until  the  sailing  of  such  vessel,  and  the  charge 
of  apprehending,  committing  and  maintaining  such  seaman  du- 
ring his  continement  as  afoi'esaid  shall  be  paid  by  the  complain- 
ant, and  by  him  be  deducted  out  of  the  wages  due,  or  to  be  due, 
such  seaman,  but  no  seaman  shall  Ije  received  by  the  jailer  nntil 
security  shall  have  been  given  for  the  maintenance  and  jail  feet^ 
of  such  seamen. 
Proceedings      §1493.  The  Judgc  of  tlic  Su])erior  Court,  or  Judge  of  any 
^^°^^^*p.  City  Court,  or  a  Justice  of  the  Inferior  Court,  or  Justice  of  the 
prentic«e.     Pg^cc   of  the    Couuty,  Or  any  similar  officer  of  any  seaport  or 
county,  on  oath  made  before  him  that  an  articled  seaman  or 
apprentice  has  deserted  or  absconded  from  a  vessel,  describing- 
said  seaman  and  vessel,  and  that  he  is  harbored  or  secreted  b}^ 
some  person,  (describing  him,)  in  a  certain  place  (describing  it,) 
may  issue  his  warrant,  directed  to  any  lawful  officer  of  the  coun- 
ty, authorizing  a  search  for  and  seizure  of  such  person  in  the  place 
designated,  and  to  fully  execute  such  warrant.    Any  person  resist- 
ing such  search  or  seizure  may  be  lined  and  imprisoned  at  the 
discretion  of  any  court  having  jurisdiction, 
ort-ditnotto      §^494.  It  sliall  uot  be  lawful  for  any  person  to  give  credit  to 
i^^In?*''    any  seaman  belonging  to  any  vessel  within  this  State,  having 
signed  any  contract  to  proceed  therein,  for  any  sum  exceeding 
one  dollar,  except  by  leave  of  the  master  or  commander  of  such 
vessel,  on  pain  of  forfeiture  of  the  moneys  or  goods  so  credited. 
§  1495.  It  shall  not  l)e  lawful  for  any  keeper  of  a  tavern  or 
tippling  house,  or  any  other  person  selling  intoxicating  or  spirit- 
nous  liquors,  to  sell  any  such  liquor  to  any  seaman  belonging  tc" 


ii    .1. 


PT.  1.— TIT.  IG.— GHAT.  4.— Agkiclltukk,  Tkai>e,  &c.       293 


Article  2. — Seamen. 


any  vessel,  and  who  may  have  signed  any  contract,  to  tlie  amount  Entertain- 

,/  ,  .  •  .  ^  /  .  ,,  ingorfor- 

ot  more  than  tliirtv  cents  m  any  one  dav.  or  to  entertain  or  sut-ni3hing  sea- 

"  .  .  '  ,  '  .  .  meu  with 

fer  anv  such  seamen  to  drink  in  such  tavern  or  tipplini;  liouse,  *'pi"tnoua 

''  .  ,  ,  ,  ,       .     *"  liqnors  pro- 

■or  furnish  such  seamen  with  hquor  after  tlie  hour  of  nine  o'clock  hi '''t**! 
at  niojht,  unless  with  the  consent  of  the  master  or  commander  of 
such  vessel,  and  any  person  offending;  against  any  of  these  pro- 
visions may,  on  conviction,  lie  fined  in  a  sum  not  exceeding  fifty 
dollars,  or  be  imprisoned  in  tlic  common  jail  for  not  more  than 
thirty  days. 

§1400.  Any  seaman  whose  contract  witli  any  master  or  com- g.^,„n,yj,  ^^y 
mander  of  any  vessel,  within  the  State,  for  the  performance  of  tmcA^  ^' 
any  voyage  therein  specified  sliall  he  determined,  may  demand '^"^*''^®" 
from  him  a  certificate  thereof,  and  of  his  discharge,  and  on  refu- 
sal to  give  such  certificate,  withont  just  ciiuse,  any  two  Justices 
of  the  Peace,  upon  due  application,  and  proof  thereof,  may  give 
the  same,  which  shall  be  of  equal  force  as  if  given  by  such  mas- 
ter or  commander,  who  shall  be  liable,  civilly,  to  pay  one  dollar 
for  such  certificate  so  given  by  such  Justices,  and  shall,  moreover, 
on  conviction  before  any  court  of  competent  jurisdiction,  be  liable 
to  a  fine  of  fifty  dollars  for  such  refusal. 

§1497.  No  master  or  commander  of  any  vessel,  or  other  per-u,ring,  re 
son,  within  this  State,  shall  hire,  receive,  entertain  or  ship  any  ^ruhfin^" 
seamaii  belonging  to  and  pretending  to  be  discharged  from  any  seVmen^pro- 
vessel,  without  a  certificate  of  discharge  being  in  possession  of '"^"'"'^ 
such  seaman,  under  the  penalty  of  fifty  dollars  for  every  such 
offence,  and  the  same  penalty  may  be  infiicted  on  any  person 
keeping  or  attending  any  ferry  within  this  State,  who  shall  wil- 
lingly transport,  or  suffer  to  be  transported  over, such  ferry  any 
fugitive  seaman  not  having  a  certificate  of  discharge  as  afore- 
said. 

§  1498.  If  any  sailor  boarding  house  keeper,  a  runner,  or  ship-  penalty  for 
ping  master,  or  other  person  shall  hire,  receive,  or  entertain,  or  ^^^"Ig'or 
ship  any  seaman  belonging  to  or  pretending  to  be  discharged  ^eam'en'l'Sf- 
from  any  vessel  without  a  certificate  of  discharge  being  in  pos-  *"^^  ^^  ^'''^ 
session  of  said  seaman,  or  shall  aid  or  be  concerned  in  any  man- 
ner in  the  shipping,  or  ofiering  to  ship  such  seaman,  the  person 
thus  offending  shall  be  fined  and  imprisoned  at  the  discretion  of 
the  court.     Any  order  given  by  such  seaman  for  advance  wages 
shall  be  void. 

§1499.  If  any  person  shall  board  any  vessel  in  any  port  or 
harbor,  or  on  any  of  the  waters  of  this  State,  with  intent  to  iu- 


^ki^m 


294      PT.  1.— TIT.  16.— CHAP.  4.— AGRictiLTmtE,  Trade,  &g. 

Article  2. — Seamen. 


Boarding:     A'ei<?le,  eiitice,  convey  away,  abduct,  with  or  without  violence,  or- 

vessel  for  ^  rv 

the  purpose  secretly  carry  on  anv  articled  seaman  or  apprentice  from  such 

of  abduction  i       i  ' 

jTheT  ^"°"  "''^^^^^j  ^^'  ^^^'^-^^  afford  any  conveyance  or  facility  to  such  seaman 
or  apprentice  to  leave  such  vessel,  such  person  so  offending  shall 
be  liable  to  indictment,  and  on  conviction  shall  be  fined,  or  im- 
prisoned, or  both,  at  the  discretion  of  the  court. 
Aiding  sea-       §  1500.  If  any  jDcrson  shall  aid  any  articled  seaman  or  appren- 
™rentiLTto  tice  to  dcscrt  from  his  vessel,  while  within  the  waters  of  this 
pimTshed."'^  State,  or  shall   inveigle,  entice,  convey  away,  abduct  or  carry, 
with  or  without  violence,  or  secretly  carry  off  any  articled  sea- 
man or  apprentice  from  any  such  vessel,  such  person  so  offending 
shall  be  liable  to  indictment,  and  on  conviction  shall  be  liable  to 
fine,  or  imprisonment,  or  both,  at  the  discretion  of  the  court. 
Harboring        §  1501.  If  any  ]3erson  shall  harbor,  secrete,  entertain,  lodge  or 
apprentices,  keep,  or  shall  directly  or  indireectly  suffer  to  be  harbored,  secret- 
ed, entertained,  lodged  or  kept  in  or  about  his  house  or  premises^ 
any  articled  seaman  or  apprentice,  knowing  such  seaman  or  ap- 
13rentice  to  have  deserted  from  his  vessel,  such  person  shall  be^ 
liable  to  indictment,  and  on  conviction,  be  fined  in  a  sum  of  not 
more  than  five  hundred  dollars,  or  imprisoned,  or  both  fined  and 
imprisoned  at  the  discretion  of  the  court. 
Vexatious        §1502.  Tlic  law  in  respect  to  the  vexatious  arrest  and  deten- 
detentionof  tiou  of  scameu,  and  to  summarv  trials  of  causes,  civil  and  crimi- 

seaman.  .  i  •    i  i      i         '" 

nal,  m  which  seamen  and  the  captains  and  consignees  of  vessels 
may  be  concerned,  sliall  be  as  is  provided  in  this  Code,  but  if 
any  provision  in  this  Code  contained  shall  conflict  with  the  Code 
of  the  City  of  Savannah,  appended  hereunto,  tlie  said  Code  of" 
Savannah  shall  prevail  within  the  corporate  limits  of  said  City.. 


i». 


PT.  1.— TIT.  16.— CHAP.  5.— AoRicrLiTRE,  Trade,  «fcc.       295 


Article  1. — Flour.  Com  Meal  and  Grain. 


CHAPTER  Y. 

INSPECTION. 

Article  1.  Flour,  corn  meal  and  grain. 
Article  2.  Wood,  turpentine,  timber,  etc. 


ARTICLE  L 

Sectiox.  Section. 

150:^.  Inspectors — by  whom  appointed.    '   1508.  In.'spectdr  cannot  purchase. 

1504.  Bolted  flour  shall  be  merchantable.  I   1509.  Selling  without  inspection. 

1505.  Flour  barrels — dimensions,  &c.         i   1510.  Inspector's  oath. 

1506.  Flour  shall  be  inspected — when. 

1507.  Fiaudulcntiy  jiacking  Hour. 


1511.  Corn  meal,  corn  and  other  grain. 


§  1503.  The  Interior  Courts  in  the  several  counties  of  this  inspectors- 
State  shall  have  power  to  appoint  annually,  one  person  of  good  appo^°ted. 
repute,  to  be  inspector  of  ilour  in  their  respective  counties,  but 
the  same  power  maj  be  exercised  exclusively  in  any  corporate 
towns  within  their  corporate  limits ;  vacancies  in  such  otiice  of 
inspector  may  be  tilled  by  the  ap})ointing  power  as  soon  as  may 
be  after  the  happening  of  any  vacancy. 

S  li^O-lr.  All  bolted  wheat  iiour.  and  everv  cask  thereof,  brouo-ht  „  ,,  ,  „ 

^  i'  9  t^        Bolted  flour 

to  the  places  aforesaid  for  sale,  shall  be  made  by  the  miller  or  ^J'"'' ^^,™*''- 
manufacturer  thereof,  merchantable  and  of  due  fineness,   and 
without  mixture  of  coarse  tlour,  or  the  flour  of  any  other  grain 
than  wheat. 

§1505.  All  flour  barrels  packed  for  sale  sfi all  be  well  made,  Fiourbar- 
md  of  good  material,  tAventv-seven  inches  in  length,  tightened  InartT^Tn'd 
7ith  at  least  ten  hoops,  and  sufficiently  nailed,  with  the  tare  must  con^ 
jlainly  marked  on  the  head  thereof,  and  every  miller  or  bolter^""' 
aall  put  into  a  barrel  the  full  quantity  of  196  pounds  of  flour. 
Fid  shall  put  into  every  half  barrel,  the  quantity  of  98  pounds 
c  flour,  and  on  lailure  thereof,  shall  forfeit  and  pay  the  sum  of 
fur  dollars  for  each  barrel  or  bag,  to  be  recovered  by  any  infor- 
ner  before  any  Justice  having  jurisdiction  thereof,  one-half  there- 
o  to  go  to  the  informer,  and  the  other  half  to  the  county  or 
crporation  having  the  appointment  of  inspector. 

§150().  All  barrels,  half  barrels,  and  bags  of  flour  brought  to  p,,,,,^  shall 
ay  place  of  inspection  for  sale,  shall  be  submitted  to  the  view  tea  forTn-' 
ari  examination  t)f  the  inspector,  who  shall  expeditiously  inspect  ^hen!""" 
tb  same  by  boring  int(»  the  barrel,  half  barrel  or  bas;,  from  head 


296       FT.  1.— TIT.  lO.— CHAP.  5.— Agkiclltuke,  Tkai.e,  &g. 


Article  1. — Flour,  Corn  Meal  and  Grain. 


to  head  or  end  to  end,  with  an  instrument  of  not  more  than  three- 
fourths  of  an  inch  in  diameter,  to  be  by  him  provided  for  that  pur- 
pose, and  if  he  shall  judge  the  same  well  packed  and  merchantable, 
he  shall  plug  the  hole  and  brand  the  barrel,  half  barrel  or  bag 
with  the  name  of  the  place  at  which  he  shall  be  inspector,  with 
a  public  brand,  or  mark  to  be  by  him  provided  for  that  purpose, 
and  approved  by  the  Inferior  Court,  city  council  or  corporation, 
as  the  case  may  be,  and  shall  also  mark  the  degree  of  fineness 
which  he  sliall  determine  the  flour  to  be  on  inspection,  which  de- 
grees shall  be  distinguished  as  follows  :  '•  extra  family,'"  "  super- 
fine,'" "fine,"  "middling,"  "  first""  or  "  second,"  for  which  trouble 
i^esforin-  the  iuspector  shall  receive  from  the  owner  or  consignee  at  the 

spection.  '-  ^  ^ 

rate  of  five  cents  per  barrel. 

Fraudulent-       §  1507.  If  auv  persou  shall  pack  flour  in  an  old  barrel  which 

tfonr'^'"^    may  have  l)een  marked  and   branded  as  aforesaid,  and  which 
sliall  still  have  the  brand  of  the  inspector  thereon,  or  shall  other- 
wise fraudulently  pack  flour  for  sale,  such  person  or  persons,  shall  , 
forfeit  and  pay  the  sum  of  twenty  dollars  for  every  barrel  so  7 
packed,  to  be  recovered  by  any  informer  before  any  Justice  of/ 
the  Peace  or  other  court  having  jurisdiction  thereof,  one-half  of| 
such  penalty  to  go  to  the  informer,  and  the  other  half  to  the  mil-l 
ler  or  manufacturer  injured  by  such  false  packing.  | 

Inspector         §  1508.  Xo  iuspcctor  shall  be  permitted,  directly  or  indirectly,! 

chase  except  to  purcliasc  auv  flour  by  him  condemned  as  unmerchantable,  or 

for  his  own  i  j       '  i  i  i  /•       i  •  ,•        m 

nse.  any  other  flour  whatever,  other  than  lor  Ins  own  or  lannly  us^ 

and  consumption,  under  the  penalty  of  thirty  dollars  for  every  ban 

rel  by  him  i^urchaied,  to  be  recovered  by  any  informer  before  anj 

Justice  of  the  Peace  or  other  court  having  jurisdiction,  one-haf 

of  which  shall  belong  to  the  informer,  and  the  other  half  to  tH 

county  or  corporation  having  the  a23pointment  of  the  inspector j 

Penalty  lor       §  1509.  Any  persou  who  shall  sell  flour  in  or  from  any  of  th 

out'Sfapc  e-  places  where  there  is  an  inspector,  without  an  inspection  as  afoil- 

'^**"'  said,  shall  forfeit  and  pay  the  sum  of  ten  dollars  for  each  barrf, 

half  barrel  or  bag  so  sold,  to  be  recovered  by  any  informer  befole 

any  Justice  of  the  Peace  or  other  court  having  jurisdiction,  oi^- 

half  to  go  to  the  informer,  and  the  other  half  to  the  inspector.! 

Inspectors        §  1510.  Eveiy  iiisjiector,  l)efore  entering  on  the  duties  of  his  jf- 

^^^'  fice  shall  take  and  subscribe  an  oath  or  afiirmation  before  the  Cl^k 

of  the  Council  or  Clerk  of  the  Inferior  Court,  of  which  a  minte 

shall  be  made,  that  he  will  faithfully  perform  the  duties  of  iis 

oflice,  inspect  all  floui-  oftered  to  him  for  inspection,  and  faithlil- 


PT.  1.— TIT.  It).— CHAP.  5.— Aghk  ii/riKK,  Traj.e,  &c.       297 


Article  1. — Flour,  Com  Meal  and  Grain. 


Coin  tnca!. 


ly  brand  and  mark  the  barrels  or  bags,  as  bv  law  directed.  In- 
spectors shall  be  liable  to  indictment  for  any  neglect  of  duty,  and, 
upon  conviction  thereof,  shall  forfeit  and  ]iay  a  snm  of  not  less 
than  thirty  dollars. 

§1511,  It  shall  be  the  duty  of  every  inspector  of  tloiii-  to   in-i„.„^^.., 
spect  Indian  corn,  and  corn  meal,  wheat,  and  other  grain  in  bags  other "^in. 
or  in  ])arrels,  when  requested  by  the  owner  or  consignee  to  do  so,  ^d^ '°*'^' 
and  he  shall  brand  only  such  as  lie  may  deem  to  be  sound  and 
merchantable,  for  which  his  com]>ensation    shall    be   three   cents 
per  bag  oi*  banvl.  to  l>e  ])aid  by  the  owner  or  consiijnee.  as  afore- 
said. 


ARTICLE  II. 

WOOD,  TIMBKH.  TfKPKXTIXK.  T<iHAO((».   (iTANo.  ,v..-. 

Sectiox.  Skction. 

1512.  Inspectors  and  rules  of  inspection.  >    1516.  Turpentine  barrels — iliniensions  of- 

1513.  Drifted  tunber — selling  of.  1517.  How  marked. 

1514.  Penalty  for  buying  the  same.  1518.  Corporate  authorities— powers  of. 

1515.  Pitch,  tar.  .Ic.  to  be  inspected. 

§1512.   In.-^pectors  maybe  ajipointed,  their  duties  jn-escribcd,  in,,.eotor« 
their  fees  fixed,  and  inspection  and  marking  regulations  adopted,  pointed  for 
by  the  corporate  authorities  of  any  city,  for  "the  inspection  of  Si?ll*- 
guano,  and  other  fertilizers,  tobacco,  salt,  pitch,  tar,  turpentine,  "*^'*''^ 
rosin,  fish,  oil,  staves,  shingles,  timber,  wood,  lumber,  and  liquor, 
and   such  othe!-  articles  and  things  as  are  usually  the  subjects  of 
j  ^  -inspection  and  mefisurements,  and  for  measuring  and  gauging 
V    the  said  articles,  or  any  of  them,  within  the  limits  of  said  cities: 
y     and  the  same  power  may  be  exei'cised  by  the  Inferior  Court  of 
^      -every  county,  outside  the  limits  of  such  town,  and  Avithin  the 
limits  of  such  county;  Provided,  such  regulations  be  not  incoji- 
sistent  with  the  following  provisions: — 

1.  Ko  person  shall  be  permitted  to  inspect,  measure,  or  gauge,  Ar-pointee. 
■except  such   as  may  be  regnlarly  appointed,  imder  a  penalty  of  inspect"*" 
live  hundred  dollai-s  for  every  orlence,  one-half  to  go  to  the  infor- 
mer, and  the  other  half  to  the  incorporation  or  court  having  the 
appointment    of  inspectors.     livery  person  so  appointed  shall  be 
required  to  take  an  oath  or  affirmation  faithfullv  to  perform  the 

J       .  ,.     ,  ,,  •'  i  Oath  and 

•duties  of  the  olhce,  to  the  best  ot  his  skill  and  ability,  and  shall, ''^°<^  <"' *"- 

c'  '  "  spcctora. 

moreover,  give  bond  and  security  for  the  faithful  discharoe  of  the 


« 


298       PT.  1.— TIT.  16.— CHAP.  5.— Agkioulture,  Trade,  &c. 

Article  2. — Wood,  Timber,  Turpentine,  Tobacco,  Gnano,  &c. 

duties  thereof.     All  vacancies  may  be  filled  by  the  appointing 
power. 
Inspection        2.  In  all  scaport  towns,  where  timber  or  lumber  is  brought  for 
urem™ntof    cxportatiou,  or  otherwise,  the  same  shall  be  inspected  and  meas- 
"™  **'■        ured,  and  bills  for  such  measurement  shall  be  made  out  in  super- 
ficial measurement. 
Inspector         3.  No  luiiiber  or  timber  inspector,  or  measurer,  shall,  during 
eierk,  &c.  of  liis  term  of  otfice,  be  or  become  the  clerk  or  agent  of  any  lumber 
or  buyer,      or  timber  buyer,  or  the  clerk  or  agent  of  lumber  mill,  on  pain  of 
forfeiture  of  his  office,  on  conviction,  and  fine  or  imprisonment^ 
at  the  discretion  of  aii}^  court  having  jurisdiction. 
Square  lurn-      4.  All  square  timber  sliall  bc  mcasured  as  follows :  the  length 
measured,     sliall  1)6  couiitcd  fi'om  piu-holcs,  and  the  size  from  the  middle  of 
the  stick,  taking  the  smallest  side  and  the  face,  throwing  ofl"  frac- 
tions, and  alloM'ing  one-half  of  the  wainedge  on  the  size  and  face,, 
and  other  flatted  timber,  usually  known  as  saw  or  mill  logs,  shall 
be  measured  one-third  from  the  smallest  end. 
Refuse  iiun-      ^-  ^^1   sticlvS  wliicli  are  rotten,  hollow,  split,  or  broken,  shall 
^'^'  be  declared  refuse  by  the  inspector,  and  tlie  seller  shall  only  be 

allowed  one-half  the  measurement,  but  if  the  defect  l)e  at  or 
near  the  end  only  so  much  as  is  defective  shall  be  declared  retuse. 
Length  of         6.  The  liook,  to  the  dip-rod,  shall  not  l)e  less  than  one  inch  and 

hook  to  dip-  1 

rod.  three-quarters  long. 

Ran-'int'  '"^ ■  Paiigiug   timber,  scantlings    and  boards,  shall  be  deemed 

— when  ml'l- ™6rchantable  only  when  they  shall  have  square  edges,  and  be 
chantabie.  go-ui^(]^  fjj^^j  without  dccav ;  nevertheless,  if  any  scantling  or  board, 
to  be  measured  and  inspected,  shall  be  sj^lit,  decayed,  or  fractur- 
ed, more  than  two  feet  and  less  than  six  feet,  from  the  end  there- 
of, such  split,  decayed,  or  fractured  part,  shall  be  left  out  and  not 
counted  in  the  measurement. 
^     ,       8.  Ileadino;  shall  be  two  and  a  half  feet  long,  six  inches  broad, 

Length  and  _  ^    ^  ~^  •' 

quality  of     one  iucli  tliiclv  ou  ouc  edo;e,  and  not  less  than  three-quarters  of  an 

heading  and   ^  ~    '  ^ 

shingles.      jncli  ou  the  other  edge,  sound,  and  free  from  decay,  worm  or  knot 

holes;  shingles  to  be  twenty-two  inches  long,  not  less  than  three 

and   a  half  inches  wide,  a  half  inch  thick  at  the  thick  end,  not 

decayed,  and  free  from  worm  or  knot  holes. 

Pipe,  hogs-        ^-  I*ip6,  hogshead,  and  barrel  staves  shall  be  considered  mer- 

ha^l^'ilteves  chautable  only  when  conditioned  as  follows :  pipe  staves  to  be  at 

rhantabi?.*'^'  Icast  fiftv-four  iuclies  in  length,  three  inches  in  breadth,  and  one 

inch  thick  on  the  thin  edge,  sound  and  free  from  worm  or  knot 

holes;  hogshead  staves  to  be  forty-two  inches  long,  three  inches- 


PT.  1.— TIT.  16.— CHAP.  5.— A(.KirrLTURK,  Tkade,  &c.       ^99 

Article  2. — Wood,  Timber,  Turpentine,  Tobacco,  Guano.  &c. 

broad,  and  not  less  than  three-quarters  of  an  inch  thick  on  the 
edges,  sound,  and  free  from  worm  or  knot  holes;  barrel  staves  to 
be  two  and  a  half  feet  long,  three  inches  wide,  and  not  less  than 
three-quarters  of  an  inch  on  their  edges,  sound,  and  free  from 
worm  or  knot  holes. 

10.  Any  measurement  or  inspection,  contrary  to  laM',  shall,  onponaityfor 
conviction  of  the  offender,  subject  him  to  a  tine  of  not  more  than  ..pecUon  and 
live  hundred  dollars,  before  any  court  having  jurisdiction,  and  ment. 
also  a  forfeiture  of  his  office. 

11,  Everv  cord  of  firewood  shall  measure  eitjht  feet  in  length,  what  is  a 

.  ■■  ,    cord  of  fire- 

four  in  breadth,  and  four  in  height.     Any  person  to  whom  such  wood,  &c. 

wood  is  offered  for  sale,  who  may  suspect  any  deficiency,  shall 
have  the  right  to  have  the  same  measured  and  corded  by  any 
sworn  inspector,  or  measurer  of  the  place,  and  in  case  of  any  de- 
ficiency appearing,  the  seller  shall,  besides  paying  the  fees  of  the  ^ 
inspector,  make  good  the  deficiency,  without  delay,  or  forfeit,  be-                  w 
fore  any  court  having  jurisdiction,  the  sum  of  two  dollars  for  ^ 
every  cord  so  deficient ;  in  case  of  no  deficiency  appearing,  the  J\^^^°l^y 
fees  of  the  inspector  or  measurer  shall  be  paid  l)y  the  buyer,  "'''o™  p"'**- 
The  corporate  authorities  of  any  town  or  city  may  make  such 
further  regulations  on  this  subject  as  to  them  shall  appear  proper,  corporate  au- 
to insure  the  objects  of  this  section. 

§1513.  Xo  raft-man,  or  other  person,  shall  dispose,  or  attempt  penary  for 
to  dispose,  of  any  drifted  timber  or  lumber  taken  up  by  him  Jjrifted"tftn- 
within  this  State,  on  pain  of  paying  not  exceeding  five  hundred  ^'^'^' 
dollars  for  every  such  oftence,  to  be  recovered  in  any  court  having 
jurisdiction  of  the  same,  one-half  of  the  penalty  to  go  to  the  in- 
former, and  the  other  to  the  use  of  the  county  wherein  such  of- 
fence may  be  committed,  or  the  offender  may  be  imprisoned  not 
more  than  six  months;  but  nothing  herein  contained  shall  prevent 
the  finder  of  drifted  timber  or  lumber  from  requiring  and  receiv- 
ing from  the  owner  reasonable  compensation  for  delivering  to  the 
owner  such  drifted  timber  or  luml>er. 

§1514.  An V  person  detected  in  inirchasinc;  drifted  timber  or  niofrai  pur- 
lumber,  as  aforesaid,  except  from  factors  or  timber  cutters,  shall  drifted  um- 

ber. 

be  liable,  on  conviction,  to  pay  a  fine  of  fifty  dollars  for  every 
offence,  or  to  be  imprisoned  for  a  term  not  exceeding  six  months. 

§1515,  No  person  shall  ship  or  put  on  board  any  vessel,  for  pit^j^t^r 
exportation,  from  this  State,  any  pitch,  tar,  rosin  or  turpentine,  fpected^be"' 
before  the  same  is  inspected  and  marked ;  I^rovided,  there  be  at  shipped! 
the  port  of  cxportaticm   a  sworn  inspector  of  such   articles,  on 


300       FT.  1.— TIT.  10.— CHAP.  5.— Agricultuke,  Trade,  «feo. 


Article  2. — Wood,  Timber,  Turpentine,  Tobacco,  Guano,  &c. 


pain  of  forfeiting  one  dollar  for  every  barrel  so  shipped,  one-hal 
to  go  to  the  informer  and  the  other  half  to  the  use  of  the  town  or 
place  of  exportation ;  the  true  contents  and  quality  of  every  bar- 
rel of  such  articles  must  be  branded  on  the  barrel. 
Quality,  .to,      §  1516.  Everj  barrel  of  soft  turpentine  shall  be  formed  of  good 
t^e"barreis.  ^ud  Sufficient  staves,  three-quarters  of  an  inch  thick,  not  exceed- 
ing live  inches  wide,  not  less  than  thirty,  nor  more  than  thirty- 
two  inches  long ;  the  head  not  less  than  one,  nor  more  than  one 
and  a  half  inch  thick,  and  the  barrel  secured  with  twelve  good 
hoops.     If  the  turpentine  be  fraudulently  mixed  it  shall  be  con- 
demned by  the  insj^ector  and  delivered  to  the  owner. 
Barrels  of  ^      §  1517.  Eacli   barrel  of  soft   turpentine,    after   inspection,   if 
how  marked,  fouud  iu  confomiity  to  the  foregoing  provisions  shall  be  ])randed 
or  marked  by  the  inspector  as  follows :  the  pure  oi*  virgin  tur- 
pentine with  the  letter  "Y,"  the  yellow  dip  "S,'*  the  hard  "H." 
Powers  of        S1518.  The  corporate  authorities  of    any  seaport  town  may 

corporate  ,  ./  j.  o 

authorities,  make  such  further  regulations  for  inspection  of  rosin,  pitch,  tar 
and  turpentine,  and  for  the  discovery  of  fraud  in  making  and 
vending  said  articles  as  to  said  authorities,  respectively,  shall 
seem  proper. 


ARTICLE  III. 

INSPECTION  OF  LIQUORS. 

Section'.  iSectiox. 

1519.  Inspectors  of  Ac. — liow  appointed. ;   1523.  Fees  of  in.spector. 

1520.  Duties  of  such  inspectors.  '   1524.  Manufacturing  drugged  liquors. 

1521.  Damaged  liquors.  1525.  Monthly  inspections  require<l 

1522.  Evaduig- inspection  of  liquors.  1526.  Selling hquors  without  inspection. 

Inspectors  of     §  1519,  It  sliall  be  lawful  for  the  sev^eral  city  and  incorporated 
— how'ap-'  town  authorities  in  this  State  to  elect  or  appoint  an  inspector  of 

pointed.         ,.  ..  ...  .  .,.,. 

liquors,  spirits  and  wmes,  and  vinegar,  within  their  respective 
jurisdictions,  and  the  Inferior  Court  of  the  several  counties  shall 
have  the  same  authority  of  appointment  within  the  several  coun- 
ties out  of  the  jurisdiction  of  the  city  auchorities. 
Oath  and  du-  §  1520.  Sucli  iuspector,  after  being  duly  appointed  as  aforesaid, 
mapeetor.  and  swom  by  the  Clerk  of  the  Council,  or  Clerk  of  the  Inferior 
Court,  faithfully  to  discharge  the  duties  of  inspector,  shall  exam- 
ine and  inspect  all  liquors,  spirits  and  wines,  or  vinegar,  kept  by 
any  person  within  the  jurisdiction  of  such  inspector,  for  sale  in 
any  quantities,  and  if,  upon  such  inspection,  any  such  shall  be 


FT.  1.— TIT.  IH.— CHAF.  f..— Agkiculture,  Trade,  <kc.       301 

Article  3. — Inspection  of  Liquors. 


found  to  contain  any  strychnine  or  other  poisonous  drug  or  drugs,  or 
offensive  matter  injurious  to  lieahli  by  drinking  or  other  use,  sucli 
inspector  shall  immediately  give  notice  tliereot  to  the  owner,  who 
shall  immediately  destroy  the  same  in  the  presence  of  the  inspec- 
tor, or  give  bond  and  security  to  return  the  same  to  the  person 
from  whom  he  pun'hased  without  the  limits  of  this  State. 

§1521.  Any  person  who  shall  sell,  or  oti'er  to  sell,  any  liquor,  ivnaity  for 

.  .    .  '  .  1  •  1  ^  'i  J    soiling  drn^- 

wme  or  spirits,  or  vinegar,  knowing  the  same  to  be  so  drugged,  ped  liquora 
or  after  notice  :is  aforesaid  shall  be  given,  shall  be  indicted  in  the 
Superior  (/ourt  of  the  county  where  such  oiieiice  may  be  connnit- 
tcd,  and  on  conviction  tliereof,  shall  be  fined  for  the  first  offence, 
one  hundred  dollars;  for  the  second  offence,  two  hundred  dollars; 
for  the  tiiird  offence,  four  hundred  dollars;  and  for  the  foruth  of- 
fence, one  tlious.'ind  dollars,  and  in  each  case  be  imprisoned  until 
such  line  be  ]>ai(l. 

§  1522.  If  any  jierson  shall  refuse,  oi*  in  any  way  iirevent  such  ivnaity  tor 
inspector  from  making  such  examination  and  inspection  after  agpectionof 
second  demand  nuide  by  such  inspector,  such  person  shall,  upon  "'"*"^''' 
indictment  and  conviction  thereof,  be  fined  and  punished  as  in 
the  immediate  ])receeding  section  ;  Provided,  the  inspector  shall 
make  the  secoiul  demand  in  the  presence  of  a  competent  witness 
and  prove  the  same  by  said  witness  on  the  trial. 

§  1528.  Such  inspector  shall  receive,  unless  other  rates  are  pi'e- j-^es  of  u- 
scribed  by  the  authorities  appointing  him,  from  the  owner  of  said  J'"^"''  ""^p**- 
liquor,  wine  or  spirits,  or  vinegar,  for  every  ten  gallons  so  in- 
s]>ecte<l,  five  cents;  for  twenty  gallons,  ten  cents;  for  forty  gallons, 
fifteen  cents ;  for  eighty  gallons,  twenty  cents ;  for  one  hundred 
and  sixty  gallons,  twenty-five  cents;  and  at  the  same  rates  and 
proportions  upwards  for  any  number  of  gallons  so  inspected,  and 
he  shall,  if  required,  give  a  receipt  and  certificate  therefor,  and 
shall  brand  the  barrels,  kegs  or  pipes  when  the  means  are  pro- 
vided by  the  o^^^lers  therefor,  and  he  shall  also  receive  one-half 
of  all  fine  moneys  arising  under  conviction,  which  shall  by  no 
means  disqualify  him  from  being  a  witness  for  the  State  in  cases 
of  prosecution  under  any  of  the  forgoing  sections. 

§]524.  If  any  person  shall  manufacture  any  drugged,  poi>^oii- penauv for 
ousor  other  deleterious  and  ofiensive liquors,  wine  or  spirits,  or  vin-  ,"n°°dru^wi 
egar,  or  adulterate  any  licpior,  wine  or  spirits,  or  vinegar,  with  "'i""''''- 
poisonous  material,  such  person  so  ofiending  shall  be  indicted  in 
the  Superior  Court  of  the  county  where  the  offence  may  be  com- 
mit.te<l  for  a  nn'sdemeauor,  and  on  conviction  therefor,  shall  be 


302       PT.  1.— TIT.  16.— CHAP.  5.— Agkicultuee,  Tkade,  &c. 


Article  3. — Inspection  of  Liquors. 


fined  and  imprisoned  in  the  common  jail  at  the  discretion  of  the 
court. 
Inspection        §1525.  Such  inspoction  shall  be  performed  once  a  month,  or 
jy_^®™"°'°" whenever  called  on  so  to  do  bj  seller  or  buyer;  wlien  by  the  lat- 
ter, he  pays  the  fees. 

§  1526.  When  an  inspector  is  appointed  in  any  city  or  town, 
and  due  notice  given  of  such  appointment,  any  vender  of  liquors, 
in  any  quantity,  who  shall  offer  the  same  for  sale  before  or  with- 
out inspection,  or  a  bona  fide  effort  to  have  the  same  inspected, 
shall  be  guilty  of  a  misdemeanor,  and  on  conviction,  shall  be 
fined  or  imprisoned,  or  both,  at  the  discretion  of  the  court. 


Penalty  for 
selling  li- 
quors with- 
out inspec- 
tion. 


CHAPTER  YI. 


WEIGHTS  AND  MEASURES. 


1  Section. 

i   1530.  Standard  of  weights,  &c. 
1.031.  Clerk  of  I.  C.  to  give  notice. 


Seal  or 
stamp  for 
marking 
weights  and 
measures. 


V 


Venders 
must  have 
"weights  and 
measures 
marked. 


Selling  by 
deficient 
weights  or 
measures — 
how  pun- 
ished. 


Section. 

1527.  Seal  or  stamp  for  weights,  &c. 

1528.  Weights,  &c.,  must  be  marked. 

1529.  Selling  by  deficient  weights,  &c. 

§  1527,  The  Justices  of  the  Inferior  Court  must  procure,  for 
their  respective  counties,  a  marking  instrument,  seal  or  stamp 
for  the  purpose  of  marking  all  weights  and  measures  which  the 
Clerk  of  the  Inferior  Court  may  find  not  to  weigh  or  measure 
less  than  the  standards  established  by  the  Congress  of  the  Con- 
federate States,  M'liich  is  the  standard  of  this  State. 

§  1528.  All  persons  engaged  in  selling  by  weights  and  mea- 
spective  county,  and  have  their  weights  and  measures  so  marked, 
sures,  shall  apply  to  the  Clerk  of  the  Inferior  Court  of  their  re- 
and  in  default  thereof,  shall  not  collect  any  account,  note  or  other 
writings,  the  consideration  of  whicli  is  any  commodity  sold  by 
their  weights  or  measures. 

§1529.  Any  citizen  may  complain  to  the  Clerk  of  the  Infe- 
rior Court  of  the  deficiency  of  any  weights  and  measures,  wheth- 
er marked  or  not,  and  when  done,  it  is  the  duty  of  said  Clerk  to 
notify  the  person  complained  of,  and  give  him  the  name  of  the 
complainant,  and  specify  a  day,  not  more  than  ten  days  distant, 
when  he  shall  submit  his  weights  and  measures  to  the  test  of  the 
Justices  of  the  Inferior  Court,  and  if  the  complaint  is  found  to  be 
true,  within  the  seller's  knowledge,  he  shall  be  deemed  a  person 
selling  by  false  weights  and  measures,  and  shall  be  presented  by 
the  Grand  Jury  as  such,  if  no  person  appears  and  indicts. 


PT.  1. — TIT.  16. — Agkic'Ci.ture,  Tbaue,  <fec.  303 


Chapter  6. — "Weights  and  Measures. 


§1530.  The  Governor  shall  procure  staiidurds  of  weisrhts  and  standards  of 

"  '  1.11  1  1  11  ^veifrhts  and 

measures  for  each  eonntv  which  does  not  liave  them,  and  they,  m^^asures  to 

"     lie  procured. 

together  with  the  marks  provided  by  the  Inferior  Court,  shall  be 
kept  in  the  office  of  their  Clerk  for  the  inspection  of  the  citizens. 

S  1531.  When  such  standards  are  obtained,  it  is  the  duty  of  cierktogive 

,  .  -I'll  notice. 

such  Clerk  to  give  sixty  days  written  notice  tliereot  at  the  door 
■of  the  court-house,  and  in  the  public  gazette  wliere  the  Sheriff  of 
the  county  advertises  his  sales. 


CHAPTER  VII. 

RE0;ULATIOXS  FOR  PARTICULAR    BRANCUKS   OF   TRADE   AND    AGRI- 
CULTURE. 

Article  1.  Cotton,  Rice,  etc. 
Article  2.  Cultivation  of  Pice. 
Article  3.  Oysters,  Turtles. 
Article  4.  Fishing. 
Article  5.  Boats  and  Crews. 
Article  0.  Peddlers. 


ARTICLE  I. 

cottox,  rice,  etc. 

Section.  i  Sectiox. 

1532.  Sale  of  cotton  and  other  produce.      1536.  Tare  on  rice. 

1533.  Purchaser  faihng  to  pay.  1537.  Tare  on  other  articles. 

1534.  Oath,  A'c.  I  1538.  No  deduction  to  be  made. 

1535.  "Weighing  without  oath,  itc.  |   1539.  Weighing — how  regulated. 

§'1532.  Cotton,  corn,  rice,  or  other  products  sold  by  planters  ownership 
and  commission  merchants  on  cash  sale,  shall  not  be  considered  ?^c?noT' 
as  the  property  of  the  buyer,  or  the  OA\mership  given  up,  until  tii p"m  for" 
the  same  shall  be  fully  paid  for,  although  it  may  have  been  de- 
livered into  the  possession  of  the  buyer. 

§1533.  Any  person  engaged  in  the  business  of  buying  such  Penalty  for 
commodities,  either  on  his  own  account  or  for  others,  who  shall  pliV  for  cot- 
buy  such  on  sale  from  a  })lanter  or  commission  merchant  for  cash, 
and  shall  fail  or  refuse  to  pay  for  the  same,  and  shall  make  way 
with  or  dispose  of  the  same  before  he  shall  have  paid  therefor, 
shall  be  deemed  guilty  of  fraud  and  embezzlement,  and  shall  be  ;*-* 

liable,  on  conviction,  to  be  imprisoned  in  the  Penitentiary  for  a 


304       FT.  1.— TIT.  16.— CHAP.  7.— Aokiclltuke,  Tradje,  ike. 


Article  1. — Cotton,  Rice,  &c. 


term  not  less  than  one  year,  nor  nn)re  tlian  five  years,  at  the  dis- 
cretion of  the  court. 
Oath  of  one       §1534.  It  shall  not  bc  lawful  for  any  salesniau,  or  other  per- 
w^titon'and    *on  in  any  of  the  citiciS,  towns  or  villages  of  this  State,  or  at  any 
'^**'"  railroad  station  or  depot,  to  weigh  any  bale,  bag  or  package  of 

cotton,  tierce  or  half  tierce  of  rice,  or  any  other  article  of  pro- 
duce disposed  of  by  weight,  without  iirst  taking  and  subscribing 
an  oath  before  some  person  authorized  by  law  to  administer  it, 
that  he  will  justly,  impartially  and  without  deduction  weigh  all 
such  produce,  and  all  other  articles  of  produce  disposed  of  by 
weight  that  may  be  shown  to  him  for  that  purpose,  and  tender  a 
true  account  thereof  to  the  party  or  parties  concerned,  if  so  re- 
quired. The  weigher  may  nevertheless  make  t^uch  deductions 
for  wet  or  other  cause,  which  may  be  reasonable,  wlien  the  seller 
ur  his  agent  sliall  thereto  consent,  and  for  such  tare  as  may  by 
law  be  allowed,  but  no  tare  shall  ever  be  allowed  on  bales  of  un- 
manufactured cotton,  except  the  usual  deduction  of  two  pounds 
from  the  weight  of  every  bag  of  (•otton  haviiig  knobs  or  tugs 
thereon. 
Oath  to  be  §15:55.  Siu'li  oatli,  wlieii  taken,  must  be  tiled  in  the  clerk's 
Ljd  penalty  office  of  tlic  Inferior  Court  of  the  county,  and  a  minute  made 
without  "  thereof,  and  if  any  person  weighs  such  produce  without  having 
taken  and  filed  such  oath,  he  and  the  factor,  or  person  who  may 
employ  him,  are  liable  each  twenty  dollare  for  every  bag  of  cot- 
ton, five  dollars  for  every  tierce  of  rice,  twenty-five  cents  for  eve- 
rv  bushel  of  corn,  and  one-third  the  value  of  any  other  product 
so  weighed ;  one-half  to  go  to  the  informer,  the  other  half  to  the 
Educational  Fund  of  the  county, 
■rsire  on  riw.  §  153().  Tlic  tare  to  be  allowed  on  rice  shall  be  the  actual  tare, 
as  nearly  as  can  be  determined,  except  in  cases  of  the  sale  of  a 
single  tierce,  half  tierce,  or  barrel,  where  a  tare  of  ten  per  cen- 
tum shall  be  allowed,  unless  otherwise  agi-eed  on,  between  the 
buyer  and  seller. 
Tare  on  oth-  §  1537.  In  Other  cases  where  tare  is  usually  allowed,  the  actual 
tare,  as  nearly  as  the  same  can  be  ascertained,  shall  be  allowed, 
except  where  the  seller  and  purchaser  may  expressly  agree  upon 
a  different  rule. 
^,    ,  ,  §  153S.  It  shall  not  be  lawful  for  anv  purchaser  or  weii2;her  to 

^^^^     make  any  deduction  from  the  weight  of  any  article,  for,    or   on 
BMk>^'&«.    account  of  the  draft  or  turn  of  the  scales  or  steelyard,  under  a 
penalty,  for  every  such  offence,  of  five  hundred  dollars,  to  be  re- 


i'T.  1.— TIT.  10.— CHAP.  7.— Agkiclltuke,  Traue,  etc.       305 
Article  1. — Cotton,  Rice,  Ac. 

covered  in  any  court  having  jurisdiction,  one  half  to  go  to  the  in- 
former, by  whom  the  suit  may  he  broup:ht.  and  tlie  other  iialf  to 
the  use  of  the  county  Avhere  the  oii'ence  may  Ije  committed. 

§1539.  The  corporate  autliorities  of  all  cities  and  towns  may  (j^,.i^^^^^^ 
make  such  further  regulations  for  tlie  weighinir  of  produce,  of  all  "Jj!''^"*^ 
descriptions,  including  fees  for  weighing,  as  in  their,  judgment  !^.;,p^^V 
may  tend  to  effect  the  objects  of  the  foregoing  provisions,  and  the 
Inferior  Courts  of  the  respective  counties  shall  have  the  same 
power,  to  be  exercised  outside  the  jurisdictions  of  said  incorpora- 
ted cities  oi"  tov.-ns,  but,  until  altered  ]>y  such  authorities  or  courts, 
the  fees  for  weiVliinir  slmll  be  siicli  as  ai'o  now  fixed  bv  law. 


( 


ARTICLE  II. 

CULTTVATION  r.p  inCK. 

Pectiox.  Sectiox. 

1540.  Water  ssliall  not  bo  diverted.  154G.  Person  may  liraiii  liis  own  land. 

1541.  llice  dams — when  to  be  opened.     |   1547.  Proceedinf»^R  in  case  of  obstruction. 

1542.  Violatrnp:  the  2  preceding  sections.!   1548.  Dam  not  to  be  stopped — when. 
154.3.  Persons  iiijnrcd — liow  redressed.     I    1549.  Inadequate  dams. 

1544.  Proceedings  for  redress.  i   1550.  Compensation  of  freeholders. 

1545.  Award  of  frceliolders.  | 

§1540.  No  person  sliall  be  permitted  to  make  or  keep  up  «ii.y  be^dfverted,'^^'^ 
(lam  to  sto])  tlie  natural  course  of  any  water,  so  as  to  ovei-flow 
the  lands  of  any  other  person,  without  iiis  consent,  nor  shall  any         ,"* 
{  person  stop  or  prevent  any  Avater  from  running  off  of  any  person's  '  " 
Held,  whereby  such  person  may  be  prevented  from  planting  in    2J)  — ~ 
season,  or  receive  any  other  injury  thereby,  nor  so  as  to  turn  the       / 
,  natural  course  of  any  water  from  one  channel  or  swamp  to  an- 
,  other,  to  the  prejudice  of  any  person. 

"§1541.  Every  person  M'ho  shall  keep  water,  during:  the  M'inter,  ^'l-^  ^5™^- 

'/J.  J-  ?  o  7  Wflon  to  be 

upon  grounds  where  rice  will  be  planted  the  ensuing  sprino;,  shall,  '•i'*'"'"'- 
annually,  by  the  liftli  day  of  March,  open  tlie  dams  which  keeps 
up  the  water,  and  let  off  the  same. 

§1542.  Upon  the  violation  of  the  lu-ovisions  of  either  of  the '"''"^"y  *"<»■ 

■■■  violating  the 

preceding   sections,  the   person  offendino;  forfeits  five  hundred  ^'^ p'"''^''*^- 

^    -^  "-^  iDg  sections. 

dollars,  upon  the  complaint  of  any  person  interested;  one-half  of 
the  recovery  goes  to  the  informer,  the  other  to  tlie  Educational 
Fund  of  the  county. 

•'  Poi'SDll  HI- 

§1543.  When  any  person  has  thus  offended  in  the  manner|;ppj?^;!y 
aforesaid,  a  person  affected  tlierebv  may  apply  to  a  magistrate^™*"' 
20 


306       PT.  1.— TIT.  16.— CHAP.  7.— A&bioultfke,  Trade,  &c. 

Article  2. — Cultivation  of  Rice. 

who  lias  jurisdiction  in  the  district,  for  a  warrant  of  survey,  and 
shall  also,  thereupon,  notify  the  defendant  of  the  complaint,  of 
the  time  and  place  of  meeting. 
Proceedings      §  1544-.  Tlic  magistrate  shall  have  summoned  three  disinter- 
^^rrlnt''     ostcd  freeholders,  of  the  neighborhood  or  district  where  the  cause 
of  complaint  exists,  one  of  whom  must  be  chosen  by  each  of  the 
parties,  and  the  other  by  the  magistrate,  but  if  the  defendant 
neglects,  before  the  day  of  meeting,  to  make  a  choice,  the  magis- 
trate may  choose  for  him ;  they  must  be  sworn  before  such  mag- 
istrate, to  determine  the  matter  in  dispute  justly  and  impartially; 
shall  proceed  to  view  the  obstruction,  and  are  empowered  to  do 
so  without  the  attendance  of  either  party,  unless  such  are  provi- 
dentially prevented,  and  must  report  their  proceedings  to  the 
magistrate  without  delay. 
Award  of         §  1545.  If,  ou  vicw  thereof,  a  majority  of  said  freeholders  de- 
ers.  ^.^^  ^-j^^^^  ^^.^  obstructions  do  or  may  prevent  the  party  com- 
plaining from  planting  his  crop  of  rice  in  due  time,  or  otherwise 
injures  him,  they  shall  furnish  an  immediate  remedy,  in  any  way 
they  think  necessary,  to  give  the  most  eft'ectual  relief;  the  losing 
party  paying  the  costs  of  the  proceeding. 
Drainage  not     §1546.  Sucli  proceeding  does  not  apply  to  any  person  who 
ubUcY"^"    shall  have  made  through  his  own  land  sufficient  drainage,  of 
which  said  freeholder  shall  be  the  judge,  to  carry  off  the  M^aters 
passing  through  the  same,  in  as  expeditious  a  manner  as  they 
could  have  passed  through  the  natural  course  or  channels  if  no 
such  banks  had  been  erected. 
Proceedings      §1547.  Any  persou  between  said  iifth  of  March  and  the  first 
any'^obstnic-  day  of  September,  of  each  year,  may  apply  in  like  manner  for  a 
warrant  of  survey  on  any  obstructions  which  may  impede  the 
conveying  of  any  surplus  M'ater  on  his  rice  grounds,  and  which 
by  remaining  thereon  may  prove  injurious,  or  shall  keep  up  any 
dam  which  shall  stop  the  water  so  as  to  overflow  his  lands  to  his 
injury.     In  such  cases  the  proceedings  are  the  same  as  heretofore 
set  forth. 
Penalty  for      §  1548.  If  auy  persou  shall  by  himself,  or  through  his  orders, 
dam  w'lf.n"^'  or  by  his  agent,  stop  up  any  dam  or  replace  any  obstruction 
authoruyf    which  has  been  opened  or  removed,  or  which  has  been  thus  done 
by  himself  on  the  said  fifth  of  March  until  the  first  day  of  July 
next  thereafter,  or  shall  obstruct  or  hinder  the  opening  of  any 
dam  or  removing  of  obstructions  decided  to  be  opened  or  re- 
moved, he  forfeits,  as  aforesaid  in  this  chapter,  one  thousand 


FT.  1.— TIT.  16.— CHAP.  T.— Aoriculttjre,  Trade,  &c.       30T 

Article  2. — Cultivation  of  Rice. 

dollars  for  each  offence  to  the  person  aggrieved,  besides  his  lia- 
bility for  the  actual  damages, 

§1549.  When  any  dam  has  been  made  to  form  reservoirs  of  inadequate 
water,  without  sufficient  waste-way,  and  is  inadequate  to  sustain  enlarged.  ** 
the  weight  of  water,  the  owner  of  such  dam  shall  immediately 
cause  the  same  to  be  enlarged,  strengthened,  or  erected  in  a  sub- 
stantial manner,  with  a  sufficient  waste-way.  If  on  a  survey  by 
freeholders  he  neglects  to  make  the  improvements  they  require, 
within  tlie  time  they  may  designate,  he  shall  forfeit  to  any  person 
injured,  or  liable  to  be  injured,  as  last  aforesaid. 

§1550.  The  freeholders  are  entitled  each  to  three  dollars  i)er  compcnsa- 
'day,  and  if  duly  summoned,  and  they  fail   attend,  without  pro- hoide^^X! 
vidential  cause  or  necessary  absence  from  the  district,  they  for- 
feit to  either  party  one  hundred  dollars.     The  magistrate  and 
witnesses,  if  any,  receive  tlie  costs  allowed  in  the  trial  of  forcible 
■entries  and  detaineiv. 


ARTICLE  III. 

OYSTERS,  TURTLES,  &c. 

Sectio.v.  iSectiox. 

1551.  Oysters — manner  of  takinur.  I   1554.  Exclusive  ri^ht  of  land  owner. 

1552.  Yiolatinfr  preceding  section.  1555.  Turtles — when  to  be  taken. 

1553.  Planted  oyster  beds  protected.  1556.  Violating  three  preceding  sections. 

§1551.  It  shall  not  be  lawful  to  take  or  catch  any  oysters  in  oygt^rs-ia 
any  of  the  waters  of  this  State  with  or  by  a  scoop,  rake,  drag  or  nii^uk^.' 
dredge,  or  by  the  use  of  any  other  instrument  than  the  oyster 
tongs  heretofore  in  general  use  for  taking  (^'sters,  and  every  per- 
son taking  oysters,  in  violation  of  law,  shall  forfeit  sucli  sum  for 
every  offence  as  the  court  having  jurisdiction  may  determine, 
and  shall  forfeit  to  the  State  the  boat  or  vessel,  employed  in  such 
unlawful  business,  lier  tackle,  apparel  and  furniture. 

§  1552.  On  complaint  made  upon  oath  before  any  Judge  or  proceedings 
Justice  of  this  State,  in  any  county  where  the  offence  may  be  S.f  prt 
committed,  of  the  violation  of  tlie  provisions  of  the  foregoing  uo1!.°"  **"" 
section,  such  officer  shall  issue  his  warrant  for  tlie  arrest  of  the 
offender,  and  shall  commit,  or  let  to  bail,  according  to  law,  and 
in  such  warrant  authority  shall  be  given  for  the  arrest  of  every 
such  boat,  and  such  boat,  her  tackle,  apparel  and  furniture  shall 
not  be  released,  except  upon  bond,  with  good  security,  for  the 
forthcoming  of  such  vessel  and  appurtenances  to  answer  any 


308       PT.  1.— TIT.  10.— CHAP.  7.— Aukicultuke,  Tkauk,  &c. 


Article  3. — Oysters,  Turtles,  &c. 


judgment  of  forfeiture.  In  case  such  boat  and  appurtenances  be^ 
not  replevied  within  one  month  after  arrest  the  same  may  be 
sold  by  order  of  such  Judge  or  Justice  and  the  proceeds  shall  be 
paid  into  the  office  of  the  Superior  Court  of  the  <;ounty,  there  to- 
await  the  order  of  said  court. 

§  1553.  Where  any  person  having  taxable  lands  upon  the 
l:)anks  or  shores  of  any  of  the  rivers  or  creeks  of  this  State  shall 
plant  beds  of  oysters  upon  them,  it  shall  not  be  lawful  for  any 
other  person  to  take  from  such  beds  of  oysters;  Promdcd^  the 
same  shall  be  distinctly  staked  or  otherwise  marked. 

§1554.  When  oyster  banks,  or  beds  of  oysters,  or  natural  for- 
mation, be  within  rivers  or  creeks  of  this  State,  not  exceeding- 
oyster  b-ds.  one  hundred  and  twenty  feet  in  width,  and  not  used  for  purposes 
of  navigation,  the  persons  having  the  ownership  of  the  lands 
upon  both  sides  of  such  creeks  or  rivers  shall  have  the  exclusive 
right  to  the  usufruct  of  sucli  banks  or  beds  of  oysters  as  afore- 
said. 

§1555.  It  shall  not  be  lawful  to  take  terrapins  and  turtles- 
within  tide  water,  at  any  time,  other  than  from  the  lirst  day  of 
May  to  the  first  day  of  September. 

§1550.  For  any  violation  of  the  three  preceding  sections  the- 


Planted  oys 
ter  beds  pro 
tected 


Exclusive 
right  of  cer 
tain  land 
owners  to 


Ihirtles— 
when  to  bo 
takeu. 


Violation  ot 

precedTng     offender  shall  be  subject  to  a  penalty  of  not  less  than  fifty  nor 
now  pun-     more  than  five  hundred  dollars. 

isbed. 


ARTICLE  IV. 


FISHING. 


Fishing 
ulated. 


Skctiox. 

1557.  Fishing  regulated. 

1558.  Violating  preceediug  .sec-tion. 


Sectiox. 
1559.  Vessels  enga^-ed  in  tishiu' 


^  1557.  It  shall  not  be  lawful  for  any  person  to  inhabit,  occu- 
py or  reside  in  any  vessel,  ark  or  fiat  on  any  river  of  this  State- 
which  shall  not  be  engaged  in  the  lawful  commerce  of  the  same, 
in  the  carriage  or  transportation  of  goods  or  produce  to  or  from 
market,  unless  owned  by  the  proprietors  of  the  shores,  or  their 
lessees ;  Provided^  nothing  contained  in  this  and  the  previous 
section  shall  be  construed  to  prevent  the  owners  of  the  land,  on 
said  rivers  or  their  lessees,  from  taking  fish  in  the  river  opposite- 
their  banks  ;  but  no  seine  shall  be  permitted  to  be  used  in  said 
rivers,  either  by  such  oM'ners  or  their  lessees,  frt>m  sunset  on  Sat- 


FT.  1.— TIT.  lt>.— CHAF.  T.— A(;kiciltcrk,  Trade,  <fco.       309 

Article  4. — Fishitifr. 


iirday  to  sunrise  on  Monday  ;  And  provided,  aUo^  that  every  lease 
or  license  to  lish  shall  be  recorded  witliin  ten  days  after  the  grant- 
ing thereof  in  the  clerk's  office  of  the  Superior  Court  of  the  coun- 
ty where  the  land  lies. 

§1558.  Every  oft'cnce  asrainst  anv  of  the  foreijoing  provisions  ivnaity  for 

'^  •  ~  "  .     '  IX  violating  tlie 

shall,  if  committed  liv  a  white  person,  be  punished  by  a  fine  not  proceedine 

'  •  .  .  soction. 

exceeding  two  liundred  dollars,  to  be  applied  to  educational  pur- 
poses; if  committed  by  a  slave  or  free  person  of  color,  by  wlii]v 
ping,  not  less  than  thirty  lashes. 

§1559.  It  shall  be  lawful  for  all  patrols,  and  all  civil  officers,  Patrou  may 

„      .  .    .  1  in  1  1    ii  1        visit  and 

at  all  tmies,  t<;»  visit  and  search  all  vessels,  covered  fiats,  or  arks,  search  ve«- 
and  boats  engaged  in  fishing,  or  trading  illognlly  with  slaves,  or 
disseminating  incendiary  publications  on  any  river  of  this  State, 
and  to  cause  oftenders  therein  found  against  any  of  the  laws  of 
this  State  to  be  committed  or  bound  over  to  answer  for  offences 
affainst  such  laws. 


ARTICLE  \'. 

BOATS  AND  CRKWS. 

Sectiox.  I  Section. 

15G0.  Bills  of  lading-  must  ))e  granted.       j    1562.  Tratlic  with  hands,  A'c,  proliibited- 
1561.  Penalty  for  refusiim' sndi  hills.  15(5.'!.  Sliippin.u' of  articles  prohibited. 

§15r)0.  It  shall  l)e  the  duty  of  all  owners  or  agents  of  boats  owners  of 
employed  in  the  navigation  of  the  navigable  waters  of  this  State,  ^int  bm^of 
to  grant  to  each  and  every  boat,  respectively,  previously  to  its  ''*'''"^'  *'" 
departure  from  the  wharf  or  landing,  a  certificate  or  bill  of  la- 
ding, showing  its  destination,  contents,  and  the  name  of  its  cap- 
tain or  patroon,  and  consignee,  which  certificate  or  bill  of  lading 
shall  at  all  times  be  subject  to  the  examination  of  any  free  white 
person  requiring  the  same,  and  no  person  of  color  shall  be  cap- 
tain or  patroon  of  siich  boat. 

§  1561.  Any  such  owner  or  agent  neglecting  or  refusing  to  fui'- p^.a^itv  for 
nish  certificate  or  bill  of  lading,  and  any  such  captain  or  patroon  IJ^^^j  granting 
refusing  to  exhibit  the  same  on  demand  as  aforesaid,  may  be  sev- j,"-,)''"^^'*" 
erally  indicted,  and  for  every  ofi'ence,  be  fined  in  a  sum  not  ex- 
ceeding fifty  dollars,  and  any  owner  or  agent  as  aforesaid,  em- 
ploying any  person  of  color  as  captain  or  patroon  as  aforesaid, 
shall  on  conviction,  be  fined  at  the  discretion  of  the  court,  one- 
half  the  penalty  in  any  such  case  to  go  to  the  informer,  and  the 


310       PT.  1.— TIT.  16.— CHAP.  7.— Agkiculture,  Trade,  &c. 

Article  5. — Boats  and  Crews. 

other  half  to  the  use  of  the  county  where  such  conviction  takes 

place. 
Owner  of         8  1562.  It  sliall  not  be  lawful  for  any  owner,  captain  or  patroon 
allow  illegal  of  a  boat.  naviffatiuo;  any  of  the  navio;able  rivers  ol  this  State,  to^ 

traffic  with  ,  '  , 

hands  or  ne-  suficr  or  permit  any  boat  hand  or  neo;ro  to  put  on  board  such 

groes.  '-  ''  ^  o  J 

boat,  any  corn,  cotton,  rice,  stock,  poultry  or  other  articles  that 
may  by  law  be  prohibited,  as  an  article  of  traffic  to  such  boat 
hand,  as  the  property  of  such  boat  hand,  nor  shall  such  owner  or 
patroon  suffer  the  l)oat  hands  or  other  negroes  on  board  such 
l)oat  to  barter  or  trade  the  one  with  the  other,  in  any  such  article 
or  articles  of  produce  under  any  pretext  whatever,  under  penalty 
of  line  and  imprisonment  at  the  discretion  of  the  court,  on  con- 
viction of  the  party  for  violating  any  of  the  foregoing  provisions. 
Owner  not  §1563,  No  owiicr,  captaiii  or  patroon  of  such  boat,  shall  per- 
ries shipped,  mit  any  such  boat  hand  to  take  with  him  any  such  articles,  unless 
hill  of  lad-  the  same  shall  be  stated  in  such  certificate  or  bill  of  lading,  and 
be  intended  for  such  negro's  own  use,  and  sucli  articles  shall  be 
immediately  under  the  direction  of  such  owner,  captain  or  pa- 
troon, or  the  agent  of  the  owner,  under  penalty  of  fine  and  im- 
prisonment, at  the  discretion  of  the  court  for  every  offence  against 
any  of  said  provisions. 


ins:. 


ARTICLE  yi. 

PEDDLERS. 


Section. 

1564.  License  to  peddle — how  obtained. 

1565.  License — when  unnecessary. 


Section. 

1568.  Each  vehicle  must  be  licensed. 

1569.  License — power  of  J.  I.  C.  to  grant. 


1566.  Goods  not  to  be  sold  by  sample.     I   1570.  Citizens  only  can  obtain  a  license. 

1567.  Qualification,  &c.,  of  peddler.  1   1571.  Indictment  and  trial. 

License  to  §1561.  Every  pcddlcr  or  itinerant  trader,  by  Sample  or  otlier- 
peddie.  ^jgg^  j^  any  article  not  manufactured  in  this  State,  must  apply 
to  the  Clerk  of  the  Inferior  Court  of  each  county  where  he  may 
desire  to  trade,  for  a  license,  which  shall  be  granted  to  him  on 
the  terms  the  Justices  of  the  Inferior  Court  have  or  may  impose. 
If  they  have  made  no  rule,  such  Clerk  shall  immediately  inform 
such  Justices.  They  are  authorized  to  impose  such  tax  as  they 
may  deem  advisable ;  Provided,  it  is  not  less  than  fifty  dollars, 
to  be  used  for  county  purposes.  Tlie  license  extends  only  to  the 
limits  of  the  countv. 


PT.  1.— TIT.  16.— CHAP.  7.— Agkicultuke,  Trade,  ifcc.       311 


Article  6. — Peddlers. 


§  1565.  None  of  the  provisions  of  this  article  shall  extend  to  Exceptions. 
persons   selling   the  agricultural   ])roducts  of  any  slaveholding 
State,  nor  to  persons  selling  agricultural  implements. 

§1566.  A  person,  not  a  citizen  of  this  State,  shall  not  sell  any  G^o^^g  „ot  to 
article,  not  manufactured  in  this  State,  hy  sample.  sample.  ^ 

§1567.  The  peddler  shall  furnish  said  Clerk  with  evidence  ofQ„aiif5ca- 
his  good  character,  and  shall  take  and  subscribe  before  him  this  olXTpld- 
oath :  "  I  swear  that  I  will  use  this  license  in  no  other  county  *""" 
than  the  one  for  which  it  is  granted,  nor  sufter  any  person  to  use 
it  in  my  name,  and  that  I  am  a  citizen  of  this  State.     So  help 
me  God."'     Said  oath  and  license  must  be  entered  in  the  book 
kept  for  that  purpose,  and  the  license  must  contain  a  description 
of  the  person  of  the  peddler. 

§  156S.  There  shall  be  separate  licenses  for  every  wagon,  cart,  Must  be  a 
or  other  vehicle  (or  each  horse,  if  the  peddling  is  done  on  horse- oachv^oM- 
back)  employed  or  used  in  vending  such  goods,   wares  or  mer- ''*' 
chandise,  which  shall  be  shown  to  any  officer,  civil  or  military, 
demanding  it,  and,  on  failure  or  refusal  so  to  exhibit,  the  peddler 
forfeits  five  hundred  dollars  to  be  recovered  on  suit  of  the  in- 
former-— one-half  to  go  to  the  informer,  the  other  to  the  Educa- 
tional Fund  of  the  county. 

§1569.  The  Justices  are  authorized  to  grant  licenses  to  ped- Authority  of 
die  to  indigent  and  infirm  persons  upon  such  terms  as  they,  in  "^"  ^"  ^• 
their  discretion,  may  impose. 

§1570.  A  foreignc]-,  not  a  citizen,  shall  not  be  granted  license  Foreigners 
to  peddle,  unless  he  shall  have  declared  his  intention  to  become  hcTnsTd.^" 
a  citizen,  and  he  shall  sMcar  to  such  fact,  instead  of  that  he  is  a 
citizen. 

§  1571.  On  the  trial  of  a  foreigner  for  illegal  peddling,  whether  in  in.iiet- 
with  or  without  license,  the  State  is  only  required  to  prove  theoimsls^on 
peddling,  and  the  foreigner  must  show,  in  defence,  his  eligibility,  [i';!^""*^""*- 


» 


312  PT.'  1, — TIT.  17. — Salakies  and  Fees  of  Officers. 


Chapter  1. — Officers  connected  with  the  Executive  Department. 


TITLE  XVII. 

SALARIES  AND  FEES  OF  OFFICERS. 


CHAPTER  I. 

OFFJCl'iRS  CONNECTED  WITH  THE  EXECUTIVE  DEPARTMENT. 

Section.  'Section. 

1572.  Salaries  of  Executive  officers.  |    1573.  Pay  of  those  without  fixed  salaries 

Salaries  of        §1572.  Tlie  Salaries  pel' aniuini  of  such  officers,  respectively, 

?fflce"r"    are  as  follows: 

The  Governor, $  4000  00 

The  Governor's  Secretaries,  eacli, 1250  00 

The  Governor's  Messenger, 500  00 

The  Comptroller  General, 2000  00 

The  State  Treasurer, 2000  00 

The  Secretary  of  State, 1600  00 

The  Surveyor  General, 1600  00 

The  State  Librarian, 800  00 

Payofoffl-        §1573.  All  persons  employed  by  the  Governor,  for  whom  no 

cers  whose  .  .  i.      ^  d  7 

salaries  are  compensatioii  is  prescribed,  are  paid,  according  to  his  discretion, 
out  of  the  money  appropriated  therefor.  If  no  money  is  thus  ap- 
propriated, and  the  employment  is  indispensable,  he  has  the 
privilege  to  pay  them  out  of  the  contingent  fund. 


CHAPTEE  II. 

OTHER  OFFICERS  APPOINTED  BY  THE   GOVERNOR. 

Section.  Section. 

1574.  Pa}-  of  officers  appointed,  kc.  1575.  Goveruor  ma,y  fix  pay,  c'i:c. 

Payofoffi-        §1574,  The  salaries  per  annum  of  sucli  officers,  respectively, 

cers  ap-  ,•  1 1 

pointed  by    are  as  lollows  : 

The  Trustees  of  the  Lunatic  Asylum,  each, if;  100  00 

The  Principal  Keeper  of  the  Penitentiary, 1600  00 

The  Assistant  Keeper  of  the  Penitentiary, 800  00 

The  Book-Keeper  of  the  Penitentiary, 1000  00 

The  Physician  of  the  Penitentiary, 500  00 

The  Chaplain  of  tlie  Penitentiary, 150  00 

The  Military  Store-Keeper  at  Savannah, 300  00 

The  Military  Stoi-e-Keeper  at  Milledgeville 150  00 


^rfj 


PT.  1.— TIT.  17.— Salakies  .vnt>  Feks  of  Officers.  313 

Chapter  2. — Other  Officers  appointed  by  the  Governor. 


§157o.  It  tlie  Governor  estabbslies  other  places  ot  keepma:  tlieoovornor 
,,.  ,  ,     r  1  1  T  1     •         /.    ,,  mayfixth.- 

military  stores  of  the  btate,  he  mav  rej^iilate  tlie  salaries  ot  allpayofccr- 

the  keepers  thereof,  so  as  the  compensation  -will  be  in  proportion 

to  their  respective  duties  and  responsibilities,  M-hich.  M-hen  done. 

shall  be  reported  to  the  General  Assembly. 


ClIAPTEll  III. 

OFFICERS  APPOINTED  BY  THE  TRUSTEP]S  OF  CERTAIN  INSTITUTIONS. 
WHO  ARE  PAID  IN  WHOLE,  OR  IN  PART,  FROM  THE  STATE  TREA- 
SURY, OR  OUT  OF  STATE  APPROPRIATIONS. 

Skctiox  1576.  Sularv  of  officers  of  A-'sylum.  ilc. 

§1576.  The  salaries  per  annum  of  such  officers,   respectively,  sniary  of 

x»  n  ficcrs  of 

are  as  tolloWS  :  Asylum.  Ac 

The    Superintendent    and  Principal  Physician    of  the   Lunatic 
Asylum, $  2500  00 

The  Assistant  Physician, 1250  00 

The  Superintendent  of  the  Georp:ia   Military  Insti- 
tute,         25<H)  00 


of- 


lers. 


CHAPTER  IV. 

OFFICERS  CONNECTED  WITH  THE  LEGISLATIYE  DKPARTMENT. 
Section'  1577.  Salary  and  fees  of  Le!i'i.«lati\e  otlicer.^. 

§1577.  The  salaries,  per  session,  of  the  officers  connected  with  salaries  and 
■said  department,  who  receive  such,  and  which  are  embraced  inisMrve^m- 
the  appropriation  for  the  })ay  of  ofricers  and  members  of  the" 
General  Assembly  arc — 

The  Secretary  of  the  Senate, !t^500  00 

The  Clerk  of  the  House  of  Representatives 50o  Oo 

The  fees  of  said  officers  are — 
Por  every  extract  of  a  private  nature,  per  copy  sheet,..  .  15 

"  Certifying;  an  extract  of  a  private  nature, 50 

■*'  Certifyiup:  an  act  for  the  benefit  of  au  individual,  or 

corporation,  or  society ;>  00 


• 


314 


jPT.  1. — TIT.  IT. — Salaries  and  Fees  of  Officeks. 


Chapter  5. — Officers  connected  with  the  Judicial  Department. 


CHAPTER  Y. 

OFFICERS  CONNECTED  WITH  THE  JUDICIAL  DEPARTMENT. 


Salaries  of 
Judges  and 
Solicitors 
General. 


ITees  of  So- 
licitor Gen- 
eral. 


Section. 

1578.  Salaries  of  Judges  &  Sol's.  Genl 

1579.  Certificate  of  service. 


Section. 

1580.  Fees  of  Attorney  General. 

1581.  Fees  of  Sol.  Gen.  Supreme  Court. 

The  salaries,  per  annum,   of  such  officers,  are  as  fol- 


§1578. 
lows : — 

The  Judges  of  the  Supreme  Court,  eacli, $3500  00 

The  lieporter  of  the  Supreme  Court, 1000  00 

The  Judges  of  the  Superior  Courts,  each, 2500  00 

The  Solicitors  General  of  the  several  Circuits,  each,. .  . 
The  fees  of  such  officers  are  as  follows: — 
1.  Solicitor  General — 
For  each  person  prosecuted  to  conviction  for  a  capital 

offence, 

For  each  person  prosecuted  to  conviction  for  any  other 

felony,  and  for  any  violation  of  the  laws  against 

gambling, 

For  prosecution  to  conviction  for  furnishing  licjuor  to 

slaves, 

For  each  person  indicted  or  presented,  except  in  cases 

of  conviction,  as  provided  above, 

For  each  proceeding  to  enforce  a  recognizance, 

For  every  amount  collected  on  such  proceedings,  live 

per  cent. 
For  every  proceeding  instituted  to  forfeit  a  charter, .  .  . 
For  services  in  the  Supreme  Court — 

First^  In  capital  cases, 

Second,  Other  felonies, 

T/i  rrd,  All  other  cases, 

Fourth,  For  litigated  recognizance,    double   fees 
and  commissions. 
For  drawing  a  cajiias  against  a  person  indicted  or  pre- 
sented and  not  bound  over, 

For  drawing  a  ca/pias  against  each  defaulting  juror, .  . 

For  entering  a  nolle  proseimi, 

For  attending  at  Judge's  Chamber  to  take  the  affidavit 

of  any  person  in  criminal  cases, 

For  drawing  an  affidavit,  or  any  instrument  of  writing, 

per  copy  sheet, 


225  00 


)0  00 


25  00 


15  00 


5  00 
5  00 


100  00 

50  00 
30  00 
15  00 


50 
50 
25 

1  00 

10 


PT.  1.— TIT.  17.— S.U.ARIES  a:si>  Fees  of  Officers.  315 

Article  5. — Officers  connected  with  the  Judicial  Department. 

For  plain  collections  for  the  State,  five  per  cent. 
For  litigated  collections  for  the  State,  10  per  cent. 
For  services  in  cases  not  mentioned,  where  the  State  is 
an  interested  party,  at  the  discretion  of  the  Gov- 
ernor, not  exceeding 50  00  certificate  of 

§  1579.  They  shall  not  be  paid  fees  for  litigation,  without  the 
certificate  of  the  presiding  Judge  that  they  are   properly   and 
faithfully  claimed  as  such,  nor  sliall  they  be  entitled  to  fees  on  ^.J^^^^^^o fee 
any  bill  ignored  by  the  Grand  Jury,  nor  on  any  bill  for  any  spe- "  •''""''■^d- 
cies  of  gaming,  or  furnishing  liquor  to  negroes,  where  the  same 
is  entered  nol.  j^f'os. 

S1580.  The  Solicitor  General,  who,  bv  virtue  of  his  office,  is  Foes  of  At- 

1        1  n         •  /•  torney  Gen- 

Attorney  General,  has  the  tollowmg  fees : —  trai. 

For  every  written  opinion  he  is  legally  required  to  make,  $25  00 
For  prosecuting  a  Solicitor  General,  the  payment  of  his 

necessary  expenses,  and 50  00 

For  services  in  any  case  where  the  State  has  an  interest, 
and  his  services  are  required,  the  payment  of  his  ne- 
cessary expenses,  and 50  00 

For  suits  for  and  collection  of  money,  on  account  of  the  State, 
out  of  his  circuit,  when  litigated,  ten  per  cent,  upon  amount 
collected,  and  five  per  cent,  if  not  collected — if  not  litigated, 
fees  of  Solicitor  General. 
For  any  service  performed,  for  which  a  fee  is  not  prescribed,  the 
Governor  may  pay  him  what  he  deems  reasonable  and  just, 
and  report  the  same  to  the  General  Assembh\ 
§1581.  The  fees  of  the  Solicitors,  for  services  rendered  in  the  Fees  of  so- 
Supreme  Court,  shall  be  paid  by  the  State,  on  the  warrant  of  thcpreme^"^'^ 
Governor,  in  all  cases  when  the  Solicitor  shall  present  the  certifi- 
cate of  the  Clerk  of  the  Supreme  Court,  as  to  the  services,  and 
of  the  Clerk  of  the  Superior  Court  to  the  fact  that  tlie  defendant 
was  acquitted,  or  was  unable  to  pay  the  costs. 


9( 


316  PT.  2.— TIT.  1.— CHAP.  1.— Pers 


ONS. 


Article  1. — Of  Citizens. 


PART  II. 

CIVIL   CODE. 


TITLE  I. 

OF  PERSONS. 


CiiAi'TEK  1.  Difterent  kinds  of  persons,  their  riglits  and  status. 
CirAPTER  2.  Of  domicil,  and  the  manner  of  changing  the  same. 


CHAPTER  I. 

OF  THE  DIFFP:RKXT  kind  op  persons,  their  RICmTS  AND   STATUS. 

Article  1.  Of  citizens. 

Article  2.  Of  residents  and  aliens. 

Article  3.  Of  slaves  and  free  persons  of  color. 

Article  4.  Of  corporations. 


APvTICLE  I. 

of  citizens. 

Sectiox,  :  Section. 

1582.  Natural  and  artificial  persons.  |   1587.  Females. 

1583.  Division  of  natural  persons.  ,    1588.  Minors. 

1584.  Citizens.  |   1589.  Disqualification  from  crime. 

1585.  Rights  of  citizens.  \    1500.  Insane  persons. 

1586.  Exercise  thereof 

Natural  and       §1582.  Pei'soiis  are  either  natural  or  artiiicial — the  latter  are 

artificial  per-    ,  i>ii  i  />     t  •  -i 

sons.  tlie  creatures  oi  the  law,  and  except  so  far  as  the  law  forhids  it, 

subject  to  be  changed,  modified  or  destroyed  at  the  will  of  their 
creator — tliej  are  called  corporations. 

Division  of       §1583.  JSTatural  persons  are  distinOTished  according  to  their 

natural  per-      ,  ^  &  r> 

sons.  rights  and  status  into  1,  citizens;  2,  residents  not  citizens;  3, 

aliens ;  4,  slaves ;  5,  free  persons  of  color. 

Citizens.  §1584.  The  persons  to  whom  belong  the  rights  of  citizenship 

and  the  mode  of  acquiring  and  losing  the  same,  have  been  speci- 
fied in  a  former  article. 

Rights  of.  §1585.  Among  the  rights  of  citizens  are  the  enjoyment  of 
personal  security,  of  personal  lil)erty.  and  private  property,  and 


PT.  2.— TIT.  1.— CHAP.  1.— Persons.  317 

Article  1. — Of  Citizens. 


the  disposition  thereof,  the  elective  francliise,  tlie  right  to  hold 
office,  to  appeul  to  the  courts,  to  testify  as  a  witness,  to  ])erforin 
any  civil  function,  and  to  keep  and  bear  arms. 

§1586.  All  citizens  are  entitled  to  exercise  all  their  rights  as  Exercise 
such,  unless  specially  prohibited  by  law.  thereof. 

§1587.  Females  are  not  entitled  to  the  i)rivilege  of  the  elec- Females, 
tive  franchise,  nor  can  they  hold  any  civil  office  or  perform  anv 
civil  functions,  unless  specially  authori;ced  by  law,  nor  are  they 
re(pnred  to  discharge  any  military,  jury,   ])o]ice.  ])atrol  or  road 
duty. 

§1588.  The  law  ])rescril)es  certain  ages  at  which  persons  shall  Minor*. 
be  considered  of  sufficient  maturity  to  discharge  certain   civil 
functions,  to  nudce  contracts,  and  to  dispose  of  property.     Prior 
to  those  ages  they  are  minors,  and  are  foi*  that  disability  unable 
to  exercise  these  rights  of  citizens. 

§  1589.  Citizens  under  conviction  by  a  court  of  this  State  for  aiMsqnaiflca- 
felony  are  incapable  of  exercising  the  elective  iVanchise  pending  crinie'""" 
the  execution  of  their  sentence.     And  all  persons,  citizens  or 
otherwise,  convicted  of  perjury,  talse  swearing  or  forgery  shall 
be  incapable  of  testifying  as  a  witness  ])ending  the  execution  of 
their  sentence. 

§1590.  All  persons  uon  t'oinpo.'<  mentis,  iiixhev  from  birth  orinsamper- 
from  subsequent  causes,  constantly  or  i)eriodically,  or  from  age,  ^*'°*' 
infirmity,  drunkenness,  or  otherwise  incapable  of  managing  their 
aftairs,  have  their  persons  and  estates,  or  either  of  them,  placed 
in  the  control  of  guardians.  Such  persons  retain  all  the  rights 
of  citizens,  which  they  have  the  i-ai>acity  to  enjoy,  and  whicli 
are  com])atible  with  their  situation. 


ARTICLE  II. 

OF  ki-:std]':nts  and  aliens. 

Seotiox.  Section. 


1591.  Riglits  of  (.Mti/.cns  of  ('.  S. 

1592.  Aliens. 

1593.  Rights  of  Aliens. 

1 594.  As  to  realtv. 


1595.  Rights  to  sue  and  testify. 

1596.  Liens. 

1597.  Privileges  of  certain  Frenchmen. 

1598.  Militia  dntv. 


§  1591.  Such  citizens  of  the  other  States  of  this  Confederacy  asui^htsofeit- 
are  recognized  as  citizens  of  the  Confederate  States  by  the  Con- ^'■"' °^  *^-  ®- 
stitution  thereof,  shall  be  entitled  while  residents  of  this  State  to 
all  the  riglits  of  citizens  thereof,  except  the  elective  franchise  and 


318  PT.  2.— TIT.  1.— CHAP.  1.— Peksons. 

Article  2. — Of  Residents  and  Aliens. 

tlie  right  to  hold  office,  and  to  perform  such  civil  functions  as  are 
confined  bv  law  to  citizens  of  this  State. 

Aliens.  §  1592.  Aliens  are  the  subjects  of  foreign  governments  not  nat- 

uralized under  the  laws  of  the  Confederate  States. 

Eights  of  §1593.  Aliens  the  subjects  of  governments  at  peace  with  the 
Confederate  States,  and  this  State,  so  long  as  their  governments 
remain  at  peace,  shall  be  entitled  to  all  the  rights  of  citizens  of 
other  States  resident  in  this  State,  except  to  hold  and  own  real 
estate  for  a  longer  period  than  a  lease  from  year  to  year. 

As  to  realty.  §  1594.  Adult  female  aliens,  minor  aliens,  and  aliens  who  have 
filed  their  petition  to  become  citizens  under  the  laws  of  the  Con- 
federate States,  shall  have  the  privilege  of  purchasing,  holding 
and  conveying  real  estate  in  this  State. 

Eights  to  sue  §1595.  The  free  white  citizens  of  other  States  of  the  Confede- 
es  I  y.  Y,^(.j^  Qj.  Qf  foreign  States  at  peace  with  this  State,  and  friendly 
Indians,  shall  by  comity  be  allowed  the  privilege  of  suing  in  our 
courts  or  testifying  as  witnesses  therein,  so  long  as  the  same  com- 
ity is  extended  in  their  courts  to  the  citizens  of  this  State. 

Liens.  §  1596.  Aliens  may  receive  and  enforce  liens  by  mortgage  or 

otherwise  on  real  estate  in  this  State. 

Privileges  of     §1597.  lu  accordaucc  with  the  recommendation  of  the  Con- 

jY^chmen.  grcss  of  tlic  United  States  expressed  in  the  resolution  passed  on 
14th  January,  A.  D.,  1780,  the  citizens  of  the  French  Govern- 
ment shall  continue  to  have  the  privilege  of  disposing  of  and  set- 
tling tlieir  estates  within  this  State,  as  provided  in  the  act  of  this 
State,  approved  February  22d,  A.  D.,  1785. 

Militia  duty.  §  1598.  Residcuts,  not  citizens,  and  resident  aliens,  shall  not 
be  liable  to  militia  duty,  except  so  far  as  in  repelling|local  inva- 
sions or  suppressing  insurrections. 


^&» 


PT.  2.— TIT.  1.— CHAP.  1.— ART.  3.— Persons.  319 


Section  1. — Of  Slaves. 


ARTICLE  III. 

OF  SLAVES  AND  FREE  PERSONS  OK  COLOR. 

Section  1.  Of  slaves. 

Section  2.  Of  free  persons  of  color. 


SECTION  T. 

OF  SLAVES. 

Section.  Section-. 

1599.  Definition  of  slave.  1605.  Acquisition  of  .slave. 

1600.  Presumption  of  slaverj.  1606.  Property  of  slaves. 

1601.  Mulatto.  1607.  Children  follow  their  mother. 

1602.  Chattels.  1608.  Free  person  may  sell  himself,  &c. 

1603.  Natural  ris:hts.  160r».  Importation  of  slaves. 

1604.  Dominion  of  third  persons.  1610.  American  Colonization  Society. 

§  1599.  A  slave  is  one  over  whose  person,  liberty,  labor  and  Definition  of 
property  another  has  legal  control.  ''''''*"'^- 

§1600.  All  negroes  and  mnlattoes  are  deemed,  and  are  hereby  presump- 
declared  to  be  ^'2^ri?na  facic'^  slaves,  and  it  rests  upon  those  al-ry.""**"*^*"" 
leging  freedom  to  prove  it. 

§1601.  A  mulatto  is  one  in  whose  veins  there  is  at  least  one- Mulatto, 
eighth  of  negro  blood. 

§1602.  All  slaves  are  chattels  personal,  and  to  be  governed  byciiatteis. 
the  same  laws,  except  in  cases  expressly  provided  by  statute,  or 
where  the  nature  of  the  property  requires  a  modification  of  the 
ordinary  rule. 

1603.  The  laws  of  nature  guarantee  to  every  man  the  right  Natural 
to  his  life  and  his  limbs,  unless  forfeited  for  crime.     The  state  of  "^''**" 
slavery  debars  no  one  of  this  right. 

§  1604.  While  the  slave  is  under  the  dominion  of  his  master.  Dominion  of 
third  persons  have  no  right  of  dominion  over  him,  farther  than  son 8*^  ^'"" 
the  laws  give  such  right  for  police  purposes. 

§  1605.  A  slave  cannot  acquire  or  hold  property.     All  his  ac-  Acquisition 
quisitions  belong  to  his  master.     Gifts  to  him  accompanied  bv*'^"'"^'®'^ 
delivery,  accrue  to  the  benefit  of  the  master ;  \vithout  delivery 
they  cannot  be  enforced  by  law. 

§  1606.  All  property  held  by  a  slave,  with  tlie  consent  of  the  property  of 
master,  is  subject  to  the  will  of  the  master  at  anv  time.  *'*"''■ 


PT.  2.— TIT.  1.— CHAP.  1.— ART.  3.— Peksons. 

Section  1.— Of  Slaves. 
Children foi-      §1607.  TliG  ciiildren  of  all  female  slaves  sliall  follow  the  con- 

low  the 

mother.  clition  of  tlicir  mother,  and  shall  1)elong  to  the  person  holding- 
title  to  the  mother  at  the  time  of  their  birth.  If  there  be  several 
estates  in  the  mother,  the  same  shall  attach  to  the  offspring. 

Free  person      ff  16U8.  A  free  porson  of  color,  over  twenty  vears  of  age,  may 

may  Bell  "  ^  ./    i  o    7  »/ 

^l^fr^ '°'^°  voluntarily  sell  him  or  herself  into  slavery.  In  all  such  cases 
the  sale  must  be  made  openly  at  a  regular  term  of  the  Inferior 
Court  of  the  county,  when  the  Justices  of  said  court  shall  pri-  & 
vately  examine  such  free  persons  of  color  to  satisfy  themselves  of  "^ 
liis  or  her  free  consent.  A  record  sliall  be  made  of  such  sale  in 
the  minutes  of  said  term,  and  also  in  the  book  of  registry  of 
free  persons  of  color  in  said  county. 

Importation  §1609.  Slaves  may  be  brouglit  iuto  tliis  State  from  anj^  other 
slaveholding  State  of  this  Confederacy ;  but  no  negroes,  or  other 
slaves,  shall  be  imported  into  this  State  either  as  slaves  or  appren- 
tices, from  their  native  land,  or  any  foreign  country;  and  all  such 
negroes,  so  illegally  imported  into  this  State  and  placed  under 
the  control  of  the  Executive  of  tliis  State,  shall  be  sold  by  his 
order  under  such  regulations  as  he  may  prescribe ;  one-fourth  of 
the  proceeds  of  such  sale  shall  be  given  to  the  person  or  persons 
instrumental  in  causing  the  said  negroes  to  be  seized  under  the 
Acts  of  Congress,  and  the  remainder  sliall  be  paid  into  the  trea- 
sury of  this  State. 

American         §1610.  If  prior  to  Said  Sale  the  American  Colonization  Society 

Society!*'^"''  shall  voluntarily  propose  to  take  possession  of  such  negroes,  and 
at  their  own  expense  colonize  the  same  in  Africa,  the  Governor 
is  authorized  to  deliver  the  same  to  them. 


SECTION'  II. 

OF  FKEE  PERSONS  OF  COLOR. 

Sectio.v.  Section. 

1611.  Who  rav.  j   IGIT.  Registry  p^octedmg^?. 

1612.  Rights  of  free  i)er;-:on.  ]    1618.  Objections. 

1613.  Inchided  in  slave  laws.  1619.  Registry — what  it  shall  eoutain. 

1614.  Immigration  prohibited.  1620.  Proceeding  for  failure. 

1615.  Residence  in  free  State.  1621.  Absence  of  six  months. 

1616.  Colored  seamen.  1G22.  Di.scretiou  of  Inferior  Court. 

Who  are.  §1011.  Free  persons  of  color  are  either  emancipated  slaves,  or 

their  descendants,  or  such  persons  as  sliall  have  at  least  one- 
eighth  of  negro  blood  in  tbeir  veins. 


PT.  2.— TIT.  1.— CHAP.  1.— AKT.  3.— Persons.  321 


Section  2. — Of  Free  Persons  of  Color. 


S1612.  The  free  person  of  color  is  entitled  to  no  risjht  of  citi- RigHs  of 

"  *■  .    I  .  .  free  persona. 

zenship,  except  such  as  are  specially  ijiven  by  law.  His  status 
diifers  from  that  of  the  slave  in  this:  No  ina.ster  having  dominion 
over  him  he  i>  cntitU'(l  to  the  free  use  of  his  liberty,  lal>or  ana 
property,  exce]>t  so  fai-  as  he  is  restrained  by  law. 

§1013.  All  h-nvs  enacted  in  reference  to  slaves,  and  in  their  jn^iuded  in 
nature  a])})licable  to  free  persons  of  color,  shall  be  construed  to  *''"'" '*''*■ 
include  them,  uidess  specially  excepted. 

§1014.  Xo  free  ])erson  of  color,  non-resident  of  this  State,  immigratioB 
shall  be  allowed  at  any  time  to  come  within  the  limits  of  this ^'■°''*''*^^'^ 
State,  regularly  articled  seamen  or  ajiprentices  arriving  in  any 
ship  or  vessel  excepted.  The  exception  above,  in  tavor  of  articled 
seamen  and  apprentices,  shall  not  apply  if  found  Mithin  this 
State  twenty  days  after  the  dei)arture  of  the  vessel  upon  M-hich 
they  arrived,  or  after  his  or  their  discharge  from  such  vessel. 

§1015.  Xo  free  person  ot  color,  resident  iji  this  State,  Avhou^iaonceiD 
shall  sojourn  for  a  period  longer  than  six  months  in  a  non-slave- '^''''®^'*^ 
holding  State,  shall  be  permitted  to  return  to  this  State,  and 
such  person  so  returning  shall  be  treated  and  dealt  with  as  a  non- 
resident free  person  of  color  as  provided  in  the  foregoing  section. 

§1610.  Colored  seamen  arriving  in  this  State,  from  any  non- colored  sea- 
slaveholding  State,  shall  be  subject  to  the  municipal  regulations"*'^ 
of  the  port,  or  city,  or  town  near  or  in  which  the  vessel  may  be 
with  which  they  are  connected;  and  such  municipal  authorities 
are  authorized,  in  addition  to  such  regulations,  to  require  such 
bond  of  the  cai)tain,  or  other  officer  of  such  vessel,  as  mav  be 
necessary  for  the  due  execution  of  their  ordinances. 

§1017.  Every  free  person  of  color,  over  the  age  of  sixteen  Registry 
years,  resident  in  this  State,  shall  on  or  by  the  first  day  of  j^jy  P'-"<=««d'°g»- 
next  after  the  adoption  of  this  Code,  and  all  those  under  that 
age  within  one  year  after  his  or  her  arrival  at  said  age,  apply  to 
the  Ordinary  of  the  county  of  his  or  her  residence  and  demand 
to  be  registered  as  a  free  person  of  color ;  and  upon  a  change  of 
the  residence  of  such  free  person  of  color  into  another  county 
such  demand  shall  be  made  in  such  county  within  one  year  after 
such  change  of  residence.  If  such  free  person  of  color  has  been 
heretofore  adjudged  or  recognized  by  the  court  of  the  county  as 
free,  and  a  guardian  appointed  for  him  or  her,  the  Ordinary  may 
immediately  enter  his  or  her  name  on  the  registry  and  "-rant  a 
certilicate  of  such  registry  to  the  applicant.  If  such  free  person 
ha-s  not  thus  been  adjudged  and  recognized,  the  said  Ordinary 
21 


322  PT.  2.— TIT.  1.— CHAP.  1.— AET.  3.— Persons. 

Section  2. — Of  Free  Persons  of  Color. 

sliall  enter  his  application  on  the  docket  of  said  court,  and  give 
notice  of  tlie  same  at  the  court  liouse  door,  and  also  written  no- 
tice to  the  person  with  whom  such  applicant  is  then  residing. 
At  the  next  term  of  said  court,  if  no  objection  is  filed  and  no 
claim  of  ownership  is  made  to  said  applicant,  the  said  court  shall 
hear  evidence  exj>arte  as  to  the  fact  of  such  applicant  being  a 
free  person  of  color^  of  which  fact  evidence  of  five  3'ears'  unin- 
terrupted enjoyment  of  liberty  within  this  State  shall  be  sufii- 
(d'\Qi\t 2>rima  facie  proof,  and  if  satisfactory  evidence  be  produced 
the  court  shall  register  such  applicant  as  a  free  person  of  color, 
and  shall  immediatel_y  take  steps  to  have  some  proper  person 
appointed  guardian  of  such  applicant.  If  tlie  evidence  be  not 
satisfactory  the  court  shall  refuse  the  application  and  leave  the 
applicant  to  the  penalty  hereinafter  prescribed. 

obections  §  1018.  If  objcctiou  bc  filed  to  such  registry,  or  a  claim  of 
ownership  be  interposed,  an  issue  sliall  be  made  and  a  guardian 

thereon.  ^^  liteiii  appointed  by  the  court  for  such  applicant,  which  issue 
shall  be  tried  by  the  Ordinary  as  other  cases  pending  in  said 
court,  and  an  appeal  allowed  to  either  party  to  the  Superior 
Court  of  said  county. 

Rcsistry-       §  1619.  The  Ordinary  in  registering  each  free  person  of  color, 

«mtain.^''''"  shall  statc  his  name,  age,  i>arentage,  place  of  nativity  and  resi- 
dence, his  occupation  or  pursuit,  together  with  as  accurate  a 
description  of  his  personal  appearance  as  possible.  And  the 
registry  so  kept  shall  be  always  open  to  the  inspection  of  all 
persons.  The  registry  heretofore  kept  by  the  Clerks  of  the 
Inferior  Court  shall  be  turned  over  to  the  Ordinaries. 
solution      §  16-0.  Every  free  person  of  color  failing  to  comply  with  the 

forfoiiure.  proyisions  of  section  1617,  may  be  proceeded  against  in  the  same 
manner,  and  subject  to  the  same  penalties  as  are  hereinafter  pre- 
scribed in  cases  of  non-resident  free  persons  of  color  coming  into 
this  State,  which  prosecution  may  be  repeated  until  such  free 
person  shall  cause  his  name  to  be  registered  as  aforesaid. 

Absence  of       §1621.  A  free  pcrsou  of  color,  registered  as  aforesaid,  by  an 

six  months,  absencc  of  uiorc  than  six  mouths  from  this  State,  shall  lose  all 
the  benefits  of  such  registration,  and  shall  not  be  permitted  again 
to  have  the  benefit  of  this  law. 

§  1622.  The  Ordinary  shall  inquire  into  the  character  of  appli- 

Discrction  "  "^  ^  i      j  •  • 

of  Ordinary,  cauts  for  registration,  and  shall  have  power  and  discretion  to  re- 
fuse the  right  to  any  such  as  have  a  bad  character. 


PT.  2.— TIT.  1.— CHAP.  1.— ART.  4.— Persons.  323 

Section  1. — Nature  and  kind  of  Corporations. 

ARTICLE  IV. 

OF  CORPORATIONS. 

•Section  1.  Their  nature  and  kinds. 

Section  2.  Tlieir  creation. 

Section  8.  Their  power>^  and  liabilitie.-^;. 

•Section  4.  Tlieir  dissolution. 


SECTIOX  I. 

THKIR  NATURE  AND  KINDS. 


Section. 

1623.  Defiuition. 

1624.  Public  and  private. 


Section". 
162:-..  Public. 
162G.  Private. 


§1623.  A  corporation  is  an  artificial  person  created  bj  law  for  i^.^nition. 
«pecific  purposes,  the  limit  of  whose  existence,  powers  and  lia- 
bilities is  fixed  bv  the  act  of  incorporation,  usually  called  its 
<'harter. 

§1624.  Corporations  are  either  public  or  private.  rnbiicor 

§1625.  A  public  corporation  is  one  having  for  its  object  thep"^*;/ 
administration  of  a  portion  of  the  powers  of  government,  dele- 
gated to  it  for  that  purpose — such  are  municipal  corporations. 

§  1626.  All  others  are  private,  whether  the  object  of  incorpo-  rrirate. 
ration  be  for  public  convenience  or  individual  profit,  and  whether 
the  purpose  be,  in  its  nature,  civil,  religious  or  educational. 


SECTIOX  II. 

THEIR  CREATION. 


'Section. 

1627.  By  whom  created. 

1628.  Foreign  corporation.^. 

1629.  Organization  under  order  of  court. 


Section. 

1630.  Manufacturing  corporation. 

1631.  Companies  for  direct  trade. 


§1627.  The  power  to  create  corporations  in  this  State  vests  uy  who.^ 
only  in  the  General  Assembly,  by  whom  all  chartei-s,  either  di-  "''*^''' 
rectly  or  indirectly,  must  be  granted. 

§  1628.  Corporations  created  by  other  States  or  foreign  gov-  Foreip  oor- 
ernments,  are  recognized  in  our  courts  only  by  comity    and  so  ^^^"'^ 


324  FT.  2.— TIT.  1.— CIIAF.  1.— ART.  4.— Pekrons. 


Section  2. — Creation  of  Corporations. 


long  as  the  same  comity  is  extended  in  their  courts  to  coi-poration.v 
created  by  this  State. 
Organization      §1629.  A  i)rivate  Corporation,  for  any  purpose  whatever,  ex- 
of'TOur^'^'''^  cept  bankinn:  or  insurance,  may  be  created  in  this  State  by  com- 

j)lyino;  with  tlie  following-  provisions  : 
Petition.  1.  A  petition  by  the  persons  desiring  a  charter  to  either  the 

Re-^K*.  euJ  Superior  or  Inferior  Court  of  the  county  where  a  majority  of  the- 
corporators  reside,  or  in  which  they  may  desire  to  transact  busi- 
ness, setting  forth  the  object  of  their  association,  and  the  privi- 
leges they  desire  to  exercise,  together  with  the  name  and  style 
by  which  they  desire  to  be  incorporated,  which  petition.  In'  order 
of  said  (;ourt,  shall  be  entered  in  full  upon  its  minutes. 
Ordor.  2.  If,  upon  hearing  such  petitioTi,  the  court  shall  be  satisfied 

<-K^t  «<^'*/-«^  that  the  application  is  legitimately  within  the  purview  and  inten- 
,     l'\  tion  of  this  Code,  it  shall  pass  an  order  declaring  the  said  appli- 

r        fir       cation  granted,  and  the  petitioners  and  their  successors  incorpo- 
(nr  rated  for  aiul  during  a  term  not  ex(;eeding/fourteeij)  years,   with 

^        the  privilege  of  renewal  at  the  expiration  of  that  time,  according 
to  the  provisions  above  set  forth.     A  certified  copy  of  this  peti- 
tion and  order  under  the  seal  of  the  court,  shall   be  evidence  ot" 
such  incorporation  in  any  court  in  this  State. 
-^  indiTiduaJ   z'^'^-  The  individual  members  of  such  corporations,  whenever  the 
-  ■'/MftWi'tj:- ,  ^-object  of  the  association  is  for  the  purpose  of  trading  or  transact- 
'^'- 1  ing  business  for  profit,  shall  be  jointly  and   severally  bound  for 


'  "^  ''**^-' KALthe  ultimate  payment  of  all  the  contracts  of  said  companies,  in- 
^\%K^'  'j  ivQurred  while  they  are  members  of  the  same. 

Fee*.  ■^-  The  Clerk  of  the  court,  for  his  services,  shall  receive  the- 

usual  fees  allowed  for  similar  services  in  other  cases. 

Powers.  »">.  Corj>orations  thus  created  may  exercise  all  corporate  powers 

necessary  to  the  purpose  of  their  organization,  but  shall  make  no 
contract  or  purchase,  or  hold  any  ])roi)erty  of  any  kind,  exce])t 
such  as  is  necessary  in  legitimately  cari'ying  into  effect  such  pur- 
pose, or  for  securing  debts  due  to  the  company. 

Manufactu-    ''^l^oO.  A  private  corporation,  for  the  purpose  of  manufactu- 

^^s  corpo-  j-jiig^  inay  be  created  without  the  stockholders  incurring  an  indi- 
vidual liability  for  its  indebtedness  by  (complying  with  the  fol- 
^\  j  lowing  provisions : 

pettfenT  1  1-  A  declaration  by  the  applicants,  specifying  the  objects  of 
their  association,  and  the  particular  business  they  jjropose  to  carry 
on,  together  with  their  corporate  name,  and  the  amount  of  capi- 
tal to  be  employed  by  them,  and  the  time,  not  exceeding  thirty 


PT.  2.— TIT.  1.— CHAP.  1.— ART.  4.— Pkrhons.  325 


Section  2. — Creation  of  Corporations. 


jears,  f<»r  which  they  desire  to  be  incorporated,  which  declara- 
ition  sliall  be  signed  bj  all  the  stockholders,  and  accompanied  by 
the  affidavit,  of  the  ]*resident,  taken  before  some  person  anthor-  Affid^^it. 
ized  to  administer  oaths,  of  the  amount  of  capital  in  gold  and 
silver,  or  notes  of  solvent  banks,  or  property,  at  its  sworn  valua- 
tion, actually  paid  in  and  employed  by  such  corporation, 

2.  Sucli  declaration  and  affidavit  shall  be  filed  in  the  office  of  publication . 
the  Clerk  of  the  Superior  Court  of  the  county  where  the  business 

is  proposed  to  be  transacted,  to  be  by  him  recorded,  and  shall 
also  be  ])ublished  once  a  week  for  two  months  in  two  public  ga- 
zettes nearest  to  the  point  where  such  business  is  located.  At 
the  expiration  of  the  said  time,  the  Clerk  of  said  court  shall  issue 
a  certified  copy  of  said  declaration  and  affidavit,  adding  tlic  time 
and  manner  of  imblication,  which  shall  be  held  and  received  as 
evidence  of  the  charter  of  said  corporation  in  any  court  in  this 
State. 

3.  If  such  corporation  shall,  at   any   time,  desire   to  increase  increasing 
their  capital  stock,  an  afiidavit,  like  to  the  above,  shall  be  made,  **'**' 
recorded  and  published  as  above,  and  a  new  certificate  issued. 

4r.  If  the  affidavit  taken  bv  the  President  be  false  as  to  the  Effect  of 
amount  ot  capital,  bona  Jide  paid  in,  each  and  every  corporator  vit 
shall  be  jointly  and  severally  lialjle  for  all  debts  and   contracts 
made  at  any  time  by  said  corporation. 

5.  The  whole  amount  of  the  indebtedness  of  such  corporation,  Kxtcnt of  in- 
not  counting  its  capital  stock,  shall  not,  at  any  time  exceed  the 
•capital  stock  actually  paid  in.  And  in  case  of  a  violation  of  this 
provision,  the  officers  and  agents  by  whom  such  excess  shall  be 
created,  shall  be  jointly  and  severally  liable  to  the  extent  of  such 
■excess,  for  all  the  debts  of  the  company  then  existing,  and  also 

for  all  debts  contracted  while  they  are  in  office,  until  the  debts 
shall  be  reduced  to  the  amount  of  the  ca2)ital  stock  actually  paid 

6.  Such  corporation  may  exercise  all  corjjorate  powers  neces- powe«. 
eary  for  the  purpose  of  their  organization,  and  may  hold  such 

real  estate,  and  other  property  as  may  be  necessary  for  such  pur- 
pose, or  such  as  they  may  take  in  settlement  of  any  debts  due  to 
them,  and  may  dispose  of  the  same. 

7.  The  regular  fees  shall  be  paid  to  the  clerk  for  the  services  Fees. 
\  performed  by  him. 

&S1631.  For  the  encouragement  of  direct  trade  with  foreign  companies 
.  .  .  "         1         .  ,  ■,       ,.  1      .        1  •       i.    for  direct 

untnes,  private  corporations,  having  such  trade  tor  their  object,  trade. 


326 


PT.  2.— TIT.  1.— CHAP.  1.— ART.  4.— Persons 


Section  2. — Creation  of  Corporations. 


may  be  formed  by  any  number  of  the  citizens  of  this  State,  by- 
complying  with  the  provisions  of  the  foregoing  section,  incorpo- 
rating manufacturing  companies,  with  this  modification,  that 
only  ten  per  cent,  of  tlie  capital  stock  shall  be  required  to  be  paid 
in  before  the  affidavit  of  the  President  is  made,  and  that  the  capi- 
tal stock  shall,  in  every  case,  be  at  least  two  hundred  aiid  fifty 
thousand  dollars. 


Continu- 
ance. 


Common 
lowers. 


Besponsi- 
bility  for 
acts  of  offi- 
oers. 


SECTION  III. 


TlIK  TOWERS  AND  LIABILITIES  OF  CORPORATIONS. 


Section. 

1632.  Continuance. 

1633.  Common  i)0wers. 


Section. 
1634.  Responsibility  for  acts  of  officer.'; 


§1632.  Corporations  have  continuous  succession  during  the- 
time  limited  by  their  charter,  notwithstanding  tlie  death  of  their 
members.  Should  any  charter  granted  in  future  by  the  General 
Assembly  to  a  private  corporation  be  silent  as  to  its  continuance, 
such  charter  shall  expire  at  the  end  of  thirty  years  from  the  date- 
of  its  grant. 

§  1633.  All  corporations  have  the  right  to  sue  and  be  sued,  to 
have  and  use  a  common  seal,  to  make  by-laM's,  binding  on  their 
own  members,  not  inconsistent  -with  the  laws  of  this  State  and 
of  the  Confederate  States,  to  receive  donations  by  gift  or  will,  tO' 
purchase  and  hold  such  property,  real  or  personal,  as  is  neces- 
sary to  the  purpose  of  their  organization,  and  to  do  all  such  acts 
as  are  necessary  for  the  legitimate  execution  of  this  purpose. 

§1634.  Every  corjioration  acts  through  its  officers,  and  is  re- 
sponsible for  the  acts  of  such  officers  in  the  sphere  of  their  ap- 
propriate duties;  and  no  corporation  shall  be  relieved  of  its  lia- 
bility to  third  persons  for  the  acts  of  its  officers,  by  reason  of  any 
by-law  or  other  limitation  upon  the  ])ower  of  the  officer,  not 
known  to  such  third  person. 


FT.  2.— TIT.  1.— CHAP.  1.— ART.  4.— Persons.  327 

Section  4. — DiRsoliition  of  Corporations. 


SECTION  IV. 

OF  TTIF,  DISSOLUTION  OV  CORPORATIONS. 

Section.  Section. 

1635.  Of  public  corporations.  1G40.  Surrender. 

1636.  In  private  charters.  1641.  Death  of  members. 

1637.  Heretofore  granted.  1642.  Disposition  of  assets. 

1638.  How  dissolved.  1643.  Collateral  liabilities. 
1630.  llow  forfeited. 

§1635.  Public  corporations  being  establislied  for  public  purpo- p^^^j.^  ^^ 
ses,  are  always  subject  to  dissolution  by  tbe  act  of  the  General  P"™"*"^*- 
Assembly. 

§1630.  Ill   all  cases  of  private  charters  hereafter  granted  the  pHvatechar- 
State  reserves  the  right  to  withdraw  the  franchise,  unless  such 
right  is  ex]iressly  negatived  in  the  charter. 

§1637.  Private  corporations  heretofore  created,   without   the  norotofore 
reservation    of    the  right  of  dissolution,  and  where  individual  ^'^°  *  ' 
rights  have  become  vested,  are  not  subject  to  dissolution  at  the 
will  of  the  State. 

§1638.  Every  corporation  is  dissolved^ — 1,  by  expiration  of  itsnowdis- 
charte;  2,  by  forfeiture  of  its  charter;    3,  by  a  surrender  of  its 
franchises;    4,  by  the  death  of  all  its  members  without  provision 
for  a  succession. 

§1639.  A  corporation  may  forfeit  its  charter — 1,  l)y  a  wilful  ]i„,vfor- 
violation  of  any  of  the  essential  conditions  on  which  it  is  granted ; '^"'^'^ 
2,  by  a  misuser  or  non-user  of  its  franchises;    this  dissolution 
dates  from  the  judgment  of  a  court  of  competent  jurisdiction 
declaring  the  forfeiture. 

§1640.   A  corporation   may  be  dissolved  by  a  voluntary  sur- surrender, 
render  of  its  franc! lises  to  the  State;  in  such  case  such  surrender 
does  not  relieve  its  officers  or  members  from  any  liability  for  the 
debts  of  the  corporation. 

§1641.  The  death  of  all  the  members  of  a  corixn-ation,  or  of-^,  „    , 

I  '  Doath  of 

so  many  of  them  as  to  render  it  impossible  under  the  charter  to  i""nbcrs. 
provide  a  succession,  is  a  dissolution  thereof. 

§1612.  Upon  the  dissolution  of  a  corporation,  for  any  cause,  disposition 
all  of  the  propei-ty  and  assets  of  every  description,  belonging  to ''^ ''''®*'" 
the  corporation,  shall  constitute  a  fund,  iirht,  for  the  payment  of 
its  debts,  and  then  for  equal  distribution  among  its  members;  to 
this  end  the  Superior  Court  of  the  county  where  such  corpora- 
tion  was  located,  shall  have  power  to  appoint  a  receiver,  under 


328 


PT.  2.— TIT.  1.— CHAP.  1.— AET.  4.— Pkksons. 


Section  4. — Dissolution  of  CoriDorations. 


proper  restrictions,  properly  to  administer  such  assets  under  its 
direction. 
Collateral         §1643.  Tlic  dissoliition  of  a  corporation,  from  any  cause,  shall 
not,  in  any  manner,  affect  any  collateral  or  ultimate,  or  other  lia- 
bility, le£::ally  incurred  by  any  of  its  officers  or  members. 


Domicil. 


Election  of 
one  of  two. 


Transient 
persons. 


Temt  co- 
vert. 


Of  minor. 


CIIAPTEIl  IT. 

OF  POMICIL  AND  THE  MANNER  OF  CilANiilNO  THE  RAMF. 


Section. 
1644.  General  rule. 

1 G45.  Persons  residing-  at  two  or  more.  kc. 
1G46.  Fe7ne  Cover f. 
1647.  Of  minor. 


SECTION. 

1648.  Lunaties,  Ao. 

1649.  Of  slave  or  free  person  of  color. 

1650.  Change  of  domicil. 

1651.  Of  persons  not  '•  sui  jari^:'' 


§  1044-.  Tlie  domicil  of  every  person  of  full  age,  and  laboring 
under  no  disability,  is  the  place  where  the  family  of  such  jjcrson 
shall  permanently  reside,  if  in  this  State.  If  lie  has  no  family,  or 
they  do  not  reside  in  this  State,  then  the  place  where  such  per- 
son sliall  generally  lodge  shall  be  considered  his  domicil. 

§1045.  If  a  person  sliall  reside  indiiferently  at  two  or  more 
places  in  this  State,  such  person  shall  have  the  privilege  of  elect- 
ing which  sliall  be  his  domicil,  and  if  such  election  be  made  no- 
torious, the  place  of  his  choice  sliall  l)e  his  domicil.  If  no  such 
election  be  made,  or  if  made  is  not  generally  known  among  those 
with  whom  he  transacts  business  in  this  State,  third  persons  may 
treat  either  one  of  such  places  as  his  domicil,  and  it  shall  be  bo 
held.  And  in  all  cases  a  person  who  habitually  resides  a  portion 
of  the  year  in  one  county  and  another  portion  in  another,  shall 
be  deemed  a  resident  of  both,  so  far  as  to  subject  him  to  suits  in 
either  for  contracts  made  or  torts  committed  in  such  county. 
Transient  persons  whose  business  or  pleasure  causes  a  frequent 
change  of  residence,  and  having  no  family  permanently  residing 
at  one  place  in  this  State,  shall  be  held  and  deemed  as  to  third 
person  to  be  domiciled  at  such  place  as  they  at  the  time  tempo- 
rarily occupy. 

§  1646.  The  domicil  of  a  married  woman  shall  be  that  of  her 
husband,  except  in  two  cases :  1,  of  voluntary  separation  and 
living  apart ;  2,  of  a  pending  application  for  divorce.  In  which 
case  her  domicil  shall  be  determined  as  if  she  were  a  feme  sole. 

§  1647.  The  domicil  of  every  minor  shall  be  that  of  his  father, 
if  alive,  unless  such  father  has  voluntary  relinquished  his  pa- 


FT.  2.— TIT.  1.— Pkksoxs.  329 


Chapter  2. — Of  Domicil,  and  the  manner  of  chanpins  the  name. 


rental  autliority  to  Bome  other  person.  In  sncli  event  the  domi- 
cil of  tlie  minor  sliall  be  that  of  his  master,  if  an  apprentice,  or 
his  employer;  if  neither  master  or  employer,  tlien  the  place 
•of  his  own  choice ;  if  the  tatlier  be  dead,  then  the  domicil  of  the 
minor  shall  be  that  of  his  jruai'dian,  if  he  has  one  in  this  State : 
if  no  guardian,  then  of  his  motlier,  if  alive;  if  no  mother,  then  of 
his  employer  ;  if  no  employer,  then  of  his  own  choice.  The  domi- 
cil of  a  bastard  shall  be  that  of  his  mother. 

§  1048.  Persons  of  full  age,  who  for  any  cause  are  placed  un-  i^n„aac»i. 
der  the  power  of  a  guardian,  have  the  same  domicil  with  the 
guardian. 

§1649.  The  domicil  of  a  slave  is  generally  that  of  his  master  ;  ofRiare  or 
by  the  master's  assent  he  may  acquire  a  diiferent  domicil.  The  o^coror**" 
domicil  of  a  free  person  of  color  is  that  of  his  guardian. 

§  1650.  The  domicil  of  a  person  "  fiu?  jinnKr  may  be  changed  change  ot 
by  an  actual  change  of  residence  with  the  avowed  intention  of  °™'^ 
remaining.     A  declaration  of  an  intention  to  change  the  domicil 
is  ineffectual  for  that  purpose  until  some  act  done  in  execution  of 
the  intention. 

§1651.  A  person,  whose  domicil  for  any  reason  is  dependent  or persoM 
upon  that  of  another,  can  by  no  act  or  volition  of  his,  effect  a  "^wrw." 
change  of  his  own  domicil,  nor  can  a  guardian  change  the  domi- 
cil of  his  ward  by  a  change  of  his  own  or  otherwise,  so  as  to  in- 
terfere with  the  rules  of  inheritance  or  successi<tn,  or  otherwise 
4iffect  the  rights  or  interests  of  third  persons. 


330  FT.  2.— TIT.  2.— CHAP.  1.— AKT.  1.— Domestic  Relations. 

Section  1. — Marriage — how  and  by  whom  Contracted. 


TITLE  II. 

OF  TPIE  DOMESTIC  RELATIONS. 

Chaptek  1.  Of  Imsband  and  wife. 
Chapter  2.  Of  parent  and  child. 
Chapter  3.  Of  guardian  and  ward. 
Chapter  4.  Of  master  and  servant. 
Chapter  5.  Of  master  and  slave. 


CHAPTER  I. 

OP  HUSBAND  AND  WIFE. 
Article  1.  Of  marriage  and  divorce. 

Article  2.  Of  the  rights  and  liabilities  of  husband  and  wife,  &c. 
Article  3.  Of  marriage  contracts  and  settlements. 


ARTICLE  I. 

OF  marriage  AND  DIVORCE. 

Section  1.  Mari'iage — how  and  by  whom  contracted. 
Section  2.  Divorces — and  how  obtained. 
Section  3.  Of  Alimonv. 


section;  I. 

MARRIAGE— now  AND  BY  WHOM  CONTRACTED. 

Sectio.v.  Sectiox. 

1652.  Restraint  of  marriage.  '   1661.  Consent  of  parents. 

1653.  Essentials  of  marriage  '   1662.  Penalty  on  person  ofBciating. 

1654.  Who  is  able  to  contract.  :   IGCi?,.  Jewish  marriages. 

1655.  Prohibited  degrees.  1G64.   Amalgamation  ijrohibited. 

1656.  Consent.  1665.  Free  persons  of  color. 
1651.  Void  marriages.  1666.  Of  Slaves. 

1658.  License  or  bans.  1667.  Want  of  autliority  in  Minister,  &c^ 

1659.  Licenses — how  granted.  1668.  Marriage  in  another  State. 

1660.  Return  of  marriage  by  bans. 

Restraintsof     §  1652.  ]\Iarria.o:e  is  encouraged  by  the  law,  and  every  elibrt  to 

marriiise.  .  _ .  "^  •  i  '  i  •    •  i  •       •         • 

restrain  or  discourage  marriage  by  coniract,  condition,  limitation 
or  otherwise,  is  invalid  and  void.     Prohibiting  marriage  to  a  par- 


PT.  2.— TIT.  2.— CHAP.  1.— ART.  1.— Domestic  Kelations.  331 


Section  1. — Marriage — ^how  and  by  whom  Contracted. 


ticular  person  or  persons,  or  before  a  certain  reasonable  age,  or 
other  prudential  provision  looking  only  to  the  interest  of  the 
person  to  be  benelited,  and  not  in  general  restraint  of  marriage, 
will  be  allowed  and  held  valid. 

§  1()53.  To  constitute  a  valid  marriage  in  this  State,  there  Essentials  of 

.    I  marriage. 

must  be — 

1.  Parties  able  to  contract. 

2.  An  actual  contract. 

3.  Consummation  according  to  law. 

§1654.  To  be  able  to  contract  marriage,  a  person  must  be  of^i^^j^^^j^ 
sound  mind ;  if  a  male,  at  least  seventeen  years  of  age,  and  if  a  ^  contract, 
female,  at  least  fourteen  years  of  age,  and  laboring  under  neither 
of  the  following  disabilities,  viz  : 

1.  Previous  marriage  undissolved. 

2.  Nearness  of  relationship  by  blood  t>r  marriage  as  hereinafter 
explained.  ^ 

3.  Impotency.  ^  //' 
§1655,  Persons  related  by  consanguinity  \vithin  the  fourthde-proijit,jtej  / 

gree, of  the  civil  law,  are  prohibited  from  intermarrying.  Mar- '^''^'"''^®" 
riages  between  persons  related  by  affinity  in  the  following  man- 
ner are  prohibited,  viz  :  A  man  shall  not  marry  his  step-mother, 
or  mother-in-law,  or  widow  of  his  uncle,  or  daughter-in-law,  or 
step-daughter  or  grand-daughter  of  his  wife.  A  woman  shall  not 
marry  her  corresponding  relatives.  Marriages  within  the  degrees 
])rohibited  by  this  section  are  incestuous. 

§1050.  To  constitute  an  actual  contract  of  marriage,  the  par-co„8cnt 
ties  must  be  consenting  thereto  voluntarily,  and  without  any  fraud 
practiced  upon   either.     Drunkenness  at  the  time  of  marriage, 
l)rought  about  by  art  or  contrivance  to  induce  consent,  shall  be 
held  a  fraud. 

§1657.  Marriages  of  persons  unable  to  contract,  or  unwilling  void  mar- 
to  contract,  or  fraudulently  induced  to  contract,  are  void.     The  "*^''*' 
issue  of  such  marriages,  before  they  are  annulled  and  declared  ^®®"*" 
void  by  a  competent  court,  are  legitimate.     In  the  latter  two  cases,  Effect  of  rat- 
however,  a  subsequent  consent  and  ratification  of  the  marriage^  "^^ '""' 
freely  and  voluntarily  made,  accompanied  by  cohabitation  as  hus- 
band and  wife,  shall  render  valid  the  marriage. 

§1658.  To  render  valid  a  marriage  in  this  State,  there  must  be  License  or 
either  a  license  previously  granted  by  the  proper  officer  author-^'"*" 
izing  such  marriage,  or  a  publication  of  the  bans  of  marriage  in  a 


S32  PT.  2.— TIT.  2.— CHAP.  1.— AET.  1.— Domestic  Relations. 


Section  1  — Marrifi'^e — how  and  by  whom  Contracted. 


neighboring  church,  in  the  presence  of  the  congregation,  for  at 
least  three  Sabbath  days  prior  to  its  solemnization. 
Licenses—        81659,  MarriaiTe  liccnses  shall  be  OTantecl  bv  the  Ordinaries, 

how  grant-  ,      .       ,  .        ^  ^  .  ,  " 

«<!•  or  their  deputies,  of  the  several  counties  where  the  female  to  be 

married  resides,  if  resident  in  this  State,  directed  to  any  Judge, 
Justice  of  the  Inferior  Court,  Justice  of  the  Peace  or  Minister  of 
the  Gospel,  authorizing  the  marriage  of  the  i:)ersons  therein  named, 

„  ,         ,  and  requiring  such  Judo-e,  Justice  or  Minister  to  return  the  said 

lietnrn  auci  l  o  o    J 

record.        license  to  the  Ordinary,  with  his  certificate  thereon  as  to  the  fact 
and  date  of  the  marriage,  which  license,  with  the  return  thereon, 
shall  be  recorded,  by  the  Ordinary,  in  a  book  to  be  kept  by  him 
for  that  purpose. 
Ketumof         §  1660.  If  any  Judge,  Justice  or  ^linistcr  shall  connect,  in  mar- 
banT"^*  ^  riage,  persons  whose  bans  have  been  published,  such  Judge,  Jus- 
tice or  Minister  shall  certify  the  fact  to  the  Ordinary  of  the 
county  where  such  bans  were  j)ublished,   who  sliall    record  the 
same  in  the  same  book  with  marriage  licenses. 
Consent  of        §1^)01.  It  sliall  be  tlic  duty  of  the  Ordinary,  and  liis  deputy, 
parents.       |-q  jnqxiire  as  to  the  ages  of  all  persons  for  whom  marriage  licenses 
are  asked,  and  if  there  be  any  ground  of  susj)icion  that  the  female 
is  a  minor  under  the  age  of  eigliteen  years,  such   Ordinary  and 
his  deputy  shall  refuse  to  grant  the  license  until  the  written  con- 
sent of  the  })arent  or  guardian,   if  any  controlling  such  minor, 
shall  be  ])roduced  and  filed  in  his  office ;  and  any  Ordinary  who, 
by  himself  or  deputy,  shall  knowingly  grant  such  license  with- 
out such  consent,  or  without  pi'oper  precaution  in  inquiring  as  to 
Penalty  on   the  fact  of  minority,  or  for  the  marriage  of  a  female,  to  his  know- 
ledge, domiciled  in  another  county,  shall  forfeit  the  sum  of  five 
hundred  dollars  for  every  such  act,  to  be  recovered  at  the  suit  of 
the  Clerk  of  the  Superior  Court,  and   added  to  the  Educational 
■  Fund  of  the  county. 

Penalty  on        §  1GG2.  Any  Judgc,  Justicc  or  Minister  who  shall  join  in  mar- 
person  oHi-         o  »/  P   J  .» 

elating.       riage  any  couple  without  such  license,  or  the  publication  of  bans 
as  aforesaid,  shall  forfeit  the  sum  of  five  hundred  dollars,  to  be 
recovered  and  appropriated  as  set  forth  in  the  foregoing  para- 
graph. 
Jewish  §  1663.  Upon  request,  the  Ordinary  may  direct  tlie  marriage 

marriages.  ]jggj^gg  ^q  r^j^y  Jewish  Minister,  or  other  person  of  any  religious 
society  or  sect,  authorized  by  the  rules  of  such  society,  to  perform 
the  marriage  ceremony,  who  shall  make  return  thereon  as  before 
required. 


I'T.  2.-TIZ2-CHAP.  1-ART.  1.-Uomest,c  Relat.o.s.  333 

■Sectiog  1  .—Marriage— how  and  by  whom  Contracted. 


§1664.  Marriages  l,etNveen  white  persons  and  ne-roes,  or  mii-A.a,^„». 
Jattoes,  as  dehned  in  tin's  Code,  are  prohibited.  bibulZ 

§1665.  ]\Iarria<res  between  free  persons  of  col., r  nniv  be  made 
without  license,  or  ])nblication  of  ban'..  "  iTSZu 

.§166(!.  The  contubernial  relation  among  slaves  sliall  be  reco'^  **'' 
nized  in  pu],lic  sales  whenever  possible,   and   in  crin.inal  trials  "'''"" 
where  it  becomes  important  to  the  advancement  of  justice 

§1667.  A  marriage  valid  in  other  respects,  and 'supposed  bv 
the  parties  to  be  valid,  shall  not  be  affected  bv  a  want  of  autho.-  ^^^y'^^' 
itj  in  the  Minister  or  Justice  to  solemnize  the  same-  nor  shall"'"'"''' 
such  objection  be  heard  from  one  party  wh(»  has  fraudulentlv  in 
duced  the  other  to  believe  that  the  marriage  was  legal. 

§1668.  All  marriages  solemnized  in  another  State  bv  parties  m  ^     , 
-ntending  at  the  time  to  reside  in  this  State,  shall  have  ^he  same  S" 
Icgal^  consequences   and  effect  as  if  solemnized    in    this  State  ^     ' 
Parties  resident  in  this  State  cannot  evade  anv  of  the  provisions 
ot  Its  laws,  as  to  marriage,  by  going  into  another  State  for  the 
solemnization  of  the  marriage  ceremonv. 


SECTION  II. 

OF  DIVORCES  AND  HOW  OUTAIXED. 

■'^«<^""-^-  Section 

1G(]9.  Total  and  partial. 
1G70.  Grounds  for  total  divorw. 

1671.  Disfretionary  grounds. 

1672.  Grounds  for  partial  divorce 

1673.  Condonation,  collusion.  Ac, 


1679.  New  trials. 

1680.  Judgment  or  decree. 

1681.  Conscientious  scruples. 

1682.  Effect  of  total  divorce. 

1683.  Second  marriage. 


,-.».  n     {■     ■          r  -""o.  oeuona  marriage. 

1<)<4.  Confessions  of  partv.  I   irq^  p,r    ^    <- 

1675.  Proceedings.           "  ^^J-  Effe^'t  of  partial  divorce. 

1676.  Schedule.  l'"  ""^''"^^  of  children. 

1677.  Transfer  pending  suit.  HI''  J--'f-<=ohabitation. 
tr'-o  -I-    J-        ,  it>8(.  Ax  parte  case^ 

16(8.  Verdict  of  Jury.  ' 

oil  ue  ot  n,o  tmdb— total,  or  from  bed  and  board      The  con  >»"'"• 
wise  shall  be  necessary  to  a  total  divorce.     A  divorce  from  bed  ""^ 

the  IranliJJ^f !  T;'!.^™""''^  ''""  '''  "■«"^"'  *"  au.hori.eo™..... 

uie  gi  anting  ot  a  total  divorce :  total  di- 

1.  Intermarriage  by  persons  within  the  prohibited  degrees  of"'" 
consanguinity  and  affinity.  aegrees  ot 


334  PT.  2.— TIT.  2.— CHAP.  1.— AET.  1.— Domestic  Eelations. 


Section  2. — Of  Divorces,  and  how  obtained. 


2.  Mental  incapacity  at  the  time  of  the  marriage, 
o.  Inipotencj  at  the  time  of  tlie  marriage. 

4.  Force,  menaces,  duress  or  fraud  in  obtaining  the  marriage. 

5.  Pregnancy  of  tlie  wife,  at  the  time  of  marriage,  unknown 
to  the  husl)and. 

(3.  Adultery  in  either  of  the  parties  after  the  marriage. 

7.  Wilful  and  continued  desertion  by  eitlier  of  the  parties  for 
the  term  of  three  years. 

8.  Tlie  conviction  of  either  party  for  an  olfence  involving 
moral  tur})itude,  and  under  which  he  or  she  is  sentenced  to  im- 
prisonment in  the  Penitentiary  for  the  term   of  two  years  or 


"Discretion- 
jii'y  gi'omids. 


(Jrounds  for 
I>artial  di- 


Condoriii- 
tion,  collu- 
sion, <fec. 


Disorction 
•of  jur.v. 


Confessions 
■of  party. 


Proceedinc 


Schedalc. 


longer. 

§1671.  In  cases  of  cruel  treatment  or  habitual  intoxication  by 
either  party,  tlie  jury,  in  their  discretion,  may  grant  either  a 
total  or  partial  divorce. 

§  1072.  Divorces  from  bed  and  board  may  be  granted  on  any 
ground  which  was  held  sufficient  in  the  English  courts  prior  to 
4th  May,  1784. 

§1(»73.  If  the  adultery,  desertion,  cruel  treatment,  or  intoxica- 
tion complained  of  shall  have  been  occasioned  by  the  collusion  of 
the  parties,  and  with  the  intention  of  causing  a  divorce,  or  if  the 
party  complaining  was  consenting  tliereto,  or  if  both  parties  have 
been  guilty  of  like  conduct,  or  if  there  has  been  a  voluntary  con- 
donation and  cohabitation  subsequent  to  the  acts  complained  of, 
and  with  notice  thereof,  then  no  divorce  shall  be  granted;  and 
in  all  cases,  the  party  sued  may  plead  in  defence  the  conduct  of 
the  party  suing,  and  the  jury  may,  on  an  examination  of  the 
whole  case,  refuse  a  divorce. 

§  1074.  The  confessions  of  a  party  to  acts  of  adultery  or  cruel 
treatment,  should  be  received  with  great  caution,  and  if  unsup- 
ported by  corroborating  circumstances,  and  made  with  a  view  to 
be  evidence  in  the  cause,  should  not  be  deemed  sufficient  to  grant 
a  div^orce. 

§  1075.  The  action  for  divorce  shall  be  by  petition  and  process, 
as  in  ordinary  suits,  tiled  and  served  as  in  other  cases,  unless  the 
defendant  be  non-resident  of  this  State,  when  service  shall  be 
perfected  as  prescribed  in  this  Code  in  causes  in  equity.  The 
same  rules  of  pleading  shall  obtain  as  in  other  causes  at  law. 

§1670.  In  all  suits  for  divorce,  the  party  applying  shall  render 
a  schedule,  on  oath,  of  the  property  owned  or  possessed  by  the 
parties  at  the  time  of  the  application — or  at  the  time  of  separa- 


PT.  2.— TIT.  'J.— CHAP.  1.— ART.  1.— Domestic  Relations.  335 


Section  2. — Of  Divorces,  and  how  obtained. 


tion,  if  tlie  parties  have  separated — distin finishing  the  separate 
estate  of  the  wife,  if  there  he  any,  wliich  shall  be  iiled  with  the 

DlBpOSition  ,.  T1  •,  IT  1/11  mi 

of  property,  petition,  Or  pending  the  suit,  under  tJie  order  of  the  court.  The 
jury  rendering  the  final  verdict  in  the  cause  may  provide  perma- 
nent alimony  for  the  wife,  either  from  the  corpus  of  the  estate  or 
otherwise,  according  to  the  condition  of  the  husl)and  and  the 
source  from  which  the  property  came  into  the  coverture. 

TranefcT  §1677.  After  a  se]>aration,  no  transfer  l)v  the  husband  of  any 

pending  suit     „     ,  ,  ^  i        •  "  ,        ,•  •      . 

01  the   property,   except  bona  Ji(/<\  in  payment  of  pre-existmg 
debts,  shall  pass  the  title  so  as  to  avoid  the  vesting  thereof,  ac- 
cording to  the  final  verdict  of  the  jury  in  the  cause. 
Verdict  of        S107S.  The  verdict  of  the  iurv  shall  specify  the  kind  of  di- 

jtiry.  .  ,  '  ' 

vorce  granted,  and  the  disposition  to  he  made  of   the  scheduled 

property. 
Now  trials.        §  1(>7'J.  !Xe\v  ti'ials  may  ])C  granted  from  verdicts  on  a})plica- 

tions  for  divorce,  as  in  other  cases. 
jnd?mentor      §1080.  The  vei'dicts  of  juries  disposinir  of  the  property  in  di- 

decree  ^^  A        1.         „ 

vorce  cases  shall  he  carried  into  efl'ect  hv  the  courts,  by  enterin<>- 
up  such  judgment  or  decree,  or  taking  such  other  steps  usual  in 
Chancery  Courts  as  Avill  effectually  and  fully  execute  the  same. 

conscipn-         §  1681.  A  piror  having  conscientious  scruples  as  to  srrantinp; 

pks.  divorces,  is  incompetent  to  serve  on  such  applications.     At  the 

request  of  the  complainant  the  court  may  inquire  of  the  panel 
touching  such  scruples. 

TSffectof  to-  §1682.  A  total  divorce  annuls  the  marriage  from  the  time  of 
its  rendition,  except  it  be  for  a  cause  rendering  the  marria"-e  void 
originally,  but  in  no  case  of  divorce  shall  the  issue  be  rendered 
bastards,  except  in  case  of  pregnancy  of  the  wife  at  the  time  of 
the  marriage. 

Second  mar-      §1683.  Uiiless  the  marriage  was  void  originally,  the  ofiend- 

""^"^^  ing  party  shall  not  be  allowed  to  marry  again  during  the  life  of 

the  other  party,  though  a  total  divorce  is  granted ;  and  in  case  of 
such  second  marriage,  the  offending  party  shall  be  held  guilty  of 
bigamy. 

Effectof  par-      §  1684.  A  divorcc  from  bed  and  board  authorizes  neither  party 

tial  divorcc.    ,  i.<.  xxt    '       j.  •    '  ^  ■,  .  l  J 

to  marry;  and  it  a  sutticient  provision  for  the  maintenancte  of 
the  wife  has  been  made  by  the  verdict  of  the  jury,  the  husband 
shall  not  be  liable  for  her  future  support.  The  wife  sliall  be  a 
feme  sole  as  to  her  earnings  and  property,  as  well  as  liberty,  after 
a  divorce  from  bed  and  board. 

§  1685.  In  all  cases  of  divorce  granted,  the  party  not  in  default 


336  PT.  2.— TIT.  2.— CHAP.  1.— AKT.  1.— Domestic  Relations. 

Section  2. — Of  Divorces,  aud  how  obtained. 

^d^eL°'  sliall  be  entitled  to  the  custody  of  the  minor  children  of  the  mar- 
riage ;  the  court,  however,  in  the  exercise  of  a  sound  discretion,, 
may  look  into  all  the  circumstances,  and,  after  hearing  both  par- 
ties, make  a  different  disposition  of  the  children,  withdrawing 
them  from  tiie  custody  of  either  or  both  parties,  and  placing 
them,  if  necessary,  in  the  possession  of  guardians  appointed  by 
the  ordinary.  The  court  may  exei'cise  a  similar  discretion  pend- 
ing the  libel  for  divorce. 

Renewed  CO-  §1686.  Parties  divorced  from  bed  and  board,  on  subsequent 
reconciliation,  may  live  together  again  as  husband  and  wife,  by 
first  tiling  in  the  office  of  the  Ordinary  of  the  county  where  the 
divorce  was  granted,  their  written  agreement  to  that  effect,  at- 
tested by  tlie  Ordinary. 

i>parucn-  §1687.  In  divorce  cases  proceeding  ex  parte,  it  is  the  duty  of 
tlie  Judge  to  see  that  the  grounds  are  legal,  and  sustained  by  proof, 
or  to  appoint  the  Solicitor  General,  or  some  other  attorney  of  tlie 
court,  to  discharge  that  duty  for  him. 


see. 


SECTION  III. 

OF  ALIMOXY. 
Sbc'hon.  ISkctiox. 


1688.  Permanent  and  temporary. 
1G89.  Proceedings  to  obtani. 
1G90.  Discretion  of  Judge. 


1694.  Husband's  voluntary  deed. 

1695.  Decree  in  equity. 

1696.  Liability  to  third  persons,  &c. 


to  obtain. 


1G91.  Revision  and  enforcement.  I   1697.  After  alimony  granted. 

1692.  ilerits  not  in  issue.  '   1698.  Subsequent  cohabitation. 

1693.  Permanent  alimony — when  grated.  |   1699.  Interest  of  wife  in  husband's  estate. 

Permanent       §1688.  Alimouy  is  an  allowance  out  of  the  husband's  estate, 
ra^.*"™^*"'  made  for  the  support  of  the  wife,  when  living  separate  from  him. 

It  is  either  temporary  or  permanent. 
Proceedings  §1689.  "Whenever  an  action  for  divorce,  at  the  instance  of 
either  party,  is  pending,  or  a  suit  by  the  wife  for  permanent  ali- 
mony, the  wife  may,  at  any  regular  term  of  the  court  in  which  the 
same  is  pending,  apply  to  the  presiding  Judge,  by  petition,  for  an 
order  granting  to  her  temporary  alimony  pending  the  cause ;  and, 
after  hearing  both  parties,  and  evidence  as  to  all  the  circumstan- 
ces of  the  parties,  and  as  to  the  fact  of  the  marriage,  the  court 
shall  grant  an  order  allowing  such  temporary  alimony,  including 
expenses  of  litigation,  as  the  condition  of  the  Inisband  and  the 
facts  of  the  case  may  justify.  ,« 


PT.  I'.-TIT.  2.-CHAP.  1.-AKT.  1.-Domb«tic  Relatio^ns.  337 


Section  3. — Of  Alimony. 


§1690.  In  arriving  at  the  proper  provision  the  Judge  sliall  ni.oretior, 
consider  the  peculiar  necessities  of  the  wife,  groMing  out  of  tlie"^'^"*'"''' 
pending  litigation ;  lie  niaj  also  consider  an  v  evidence  of  a  sepa- 
rate c^^tate  owned   by  the  wife,   and   if  siu-li  estate  is  ample,  as 
C4)mparcd  witli  tlie  liusband's,  tenipoi-ary  alimony  may  be  refused. 

§1091.  Tlie  order  allowing  alimony  shall  be  subject  to  revision  Kevision and 
by  the  court  at  any  time,  and  may  l)e  enforced  eitlier  by  writ  of'"^*"""'"'"' 
Jleri  facim  or  by  attachment  for  contempt  against  the  person  of 
the  husband.     A  failure  to  comply  with  the  order  shall  not  de- 
prive the  liusband  of  his  i-ight  either  to  prosecute  or  defend  his 
cause. 

§1(592.  On  applications  for  temporary  alim.m  v.  the  merits  of  Merits  i,ot 
the  cause  are  not  in  issue,  though  the  Judge,  in  fixing  the  amount '"  '''"" 
of  alimony,  may  inquire  into  the  cause  and  circii-istances  of  the 
separation  rendering  the  alimony  necessary,  and  in  his  discretion 
may  refuse  it  altogether. 

§1693.  Permanent  alimony  is  granted  in  the  following  cases :  rern,.n.„t 
1,  of  divorce  as  considered  in  the  former  section;  2,  in  cases  ofwL"nTr„t- 
voluntary  separati<m ;  3,  where  the  wife,  against  her  will,  is  either '' 
abandoned  or  driven  off  l)y  her  husband. 

§1694.  In  either  of  the  two  latter  cases  the  husband  mav  vol-iiusbamr. 
untarily,  by  deed,  make  an  adequate  provision  for  the  support  dS''"^ 
and  maintenance  of  his  wife,  consistent  with  his  means  and  her 
former  circumstances,  which  shall  be  a  bar  to  her  right  to  per- 
manent alimony. 

§1695.  In  the  absence  of  such  provision,  on  tlie  application  of  Decreed 
the  wife,  a  court  of  equity  may,  by  decree,  compel  the  husband  "''°"•^• 
to  such  proWsion  for  the  support  of  the  wife  and  such  minor  chil- 
dren as  may  be  m  her  cnistody,  as  indicated  in  the  foregoing  para- 
graph. "      *  ^ 

§1696.   Until  such  provision  is  made,  voluntarily  or  by  decree  i.ab.u,  t.. 
or  order  ot  the  court,  the  husband  shall  be  liable  to  third  persons  S/r" 
for  the  board  and  support  of  the  wife,  and  for  all  necessaries  fur-        ' 
nished  to  her,  or  for  the  l)encfit  of  his  children  in  her  custody 

^1697.  AVhen   permanent    alimony  is   granted   the   husband  Arter ..n- 
ceases  to  be  liable  for  any  debt  or  contract  of  the  wife-  on  the cT^ '"""'"' 
other  hand  he  ceases  to  have  any  power  to  control  her  acquisi- 
tions by  purchase,  or  descent,  or  gift,  or  otherwise;  and  the  iw- 
perty  of  the  hus1)and  set  apart  for  the  support  of  the  wife  is  not 
subject  to  his  debts  or  contracts  so  long  as  she  lives. 

§1698.  The  subsequent  voluntary  cohabitation  of  the  husband 
Z2i 


338  PT.  2.— TIT.  2.— CHAP.  1.— ART.  1.— Domestic  Relations. 


Section  3. — Of  Alimony. 


Subsequent  and  Wife  sliall  annul  and  set  aside  all  provision  made,  either  by 
tions.  deed  or  decree,  for  permanent  alimony.     The  rights  of  children 

under  any  deed  of  separation  or  voluntary  provision  for  alimony 
shall  not  he  affected  thereby. 

§  1699.  After  permanent  alimony  granted,  upon  the  death  of 
the  husband  the  wife  is  not  entitled  to  any  farther  interest  in 
his  estate  in  her  right  as  wife,  l)ut  such  permanent  provision 
shall  be  continued  to  her,  or  a  portion  of  the  estate  equivalent 
thereto  shall  be  set  apart  to  her. 


Interest  of 
wife  in  hus 
band's  es- 
tate. 


ARTICLE  II. 


OF    THE    RIGHTS    AND    LIABILITIES    OF    HUSBAXD    AND  WIFE  AND 
HEREIN  OF  DOWER. 
I  Section. 

j   1712.  Wife— wlien  sole  heir. 
I   1713.  Dower. 


Skctiox. 

1700.  Hu>;band  is  head  of  family. 

1701.  Marital  rights. 

1702.  Propert}'  given  to  wife,  &e. 

1703.  Torts  to  wife. 

1704.  Acquisitions  of  wife. 

1705.  Agency  of  wife. 

1706.  Liabilitj'- of  husband  for  necessaries 

1707.  General  agency  of  wife. 

1708.  Free  trader. 

1709.  Survivorship. 

1710.  Wife's  equity. 

1711.  Husband  sole  heir. 


1714.  How  barred. 

1715.  Jllection  in  case  of  bequest,  &c. 
17 IG.  Election  in  ignorance. 

1717.  Dower  in  several  tracts. 

1718.  Dwelling-house. 

1719.  Lien  no  bar. 

1720.  Life  estate  in  proceeds  of  sale. 

1721.  Or  absolute  estate  in  specified  sura. 

1722.  Paraphernalia. 

1723.  Wife  may  appear  against  husband. 


Husband  is 
head  of 
family. 


Marital 
rights. 


Exception. 
Wife's  debts, 


Property 
given  to'  or 
acquired  by 
wife. 


§  1700.  In  this  State  the  husband  is  the  head  of  the  family, 
and  the  wife  is  subject  to  him ;  her  legal  civil  existence  is  merged 
in  the  husband,  except  so  far  as  the  law  recognizes  her  sepa- 
rately, either  for  her  own  protection,  or  for  her  l)eneiit,  or  for  the 
preservation  of  public  order. 

§1701.  Upon  marriage,  all  the  real  estate  of  the  wife,  and  all 
the  personalty  in  possession,  or  which  may  be  reduced  to  posses- 
sion by  the  husband  during  his  lifetime,  shall  vest  in  and  l)elong 
absolutely  to  the  husband,  except  that  such  property  shall  not 
be  liable  for  the  payment  of  any  debt,  default  or  contract  of  the 
husband  existing  at  the  time  of  the  marriage.  The  husband 
shall  be  bound  for  the  payment  of  the  debts  of  the  wife  existing 
at  the  time  of  the  marriage,  to  the  extent  of  the  property  re- 
ceived by  ker  only,  and  the  property  received  through  the  wife 
sliall  be  liable  for  the  payment  thereof. 

§1702.  All  property  given  to  the  wife  during  the  coverture,  or 
acouired  by  her,  shall  vest  in  the  husband,  but  any  words  in  the 


PT.  2.— TIT.  2.— CHAP.  1.— Domestic  Relation?.  339 

Article  2. — Of  the  Rights  and  Liabilities  of  Husband  and  Wife.  &c. 

gift  or  bequest  indicating  a  wish  for  the  personal  enjoyment 
thereof  l)y  tlie  wife,  such  as  a  gift  to  tlie  wife  by  name,  shall 
create  a  separate  estate  therein  for  lier,  and  in  no  case  shall  the  , 

personal  acquisitions  of  the  wife  be  subject  to  the  debts 
■of  the  husband.  Property  inherited  by  the  wife  during  the 
coyerture  and  reduced  into  possession  by  the  husband,  shall 
vest  in  him  as  property  owned  by  the  wife  at  the  marriage,  but 
in  like  manner  not  subject  to  the  then  existing  debts  or  contracts 
■  of  the  husband. 

§1703.  If  a  tort  be  committed  upon  tlie  person  or  reputation  Torts  to  wife 
of  the  wife,  the  husband  may  recover  tlierefor;  if,  however,  the 
wife  is  living  separate  from  the  husband  she  may  sue  for  such 
torts,  and  also  torts  to  her  children,  and  recover  the  same  to  her 
use.     In  like  manner,  when  separated  from  the   husband,  she  Of  living  se- 

,.  i         i  J      •  />  ,1  ...  parate  from 

may  entorce  contracts  made  m  reference  to  lier  own  acquisitions,  husband 

§1704.  When  Hying  separate  from  her  husband  the  acquisi- Acquisitions 
tions  of  a  wife  and  of  Iter  children  living  with  her,  shall  be  vested  >"5?  separate 
in  the  wife  for  her  separate  use,  free  from  the  debts,  contracts  or  hnsband. 
control  of  her  husband,  and  at  her  death,  intestate,  the  same 
shall  descend  to  her  children,  and  if  none,  to  her  next  of  kin. 

§1705.  The  husband  is  bound  to  support  and  maintain  his  Agency  of 
wife,  and  his  consent  shall  be  presumed  to  her  agency  in  all  pur- rpect'to'ne- 
•  chases  of  necessaries,  suitable  to  her  condition  and  habits  of  jjfg  ''"**"^*- 
made  for  the  use  of  herself  and  the  family.     This  presumption 
may  be  rebutted  by  proof 

§1700.  The  husband  is  bound  for  necessaries  furnished  to  the  Liability  of 
wife,  when  separated  from  him,  subject  to  the  limitations  herein-  necesTarie"' 
before  provided.  If  the  wife  be  living  in  adultery  with  another 
man  the  husband  is  not  liable;  but  notice  by  the  husband  shall 
not  relieve  him  from  liability,  if  his  wife  is  separated  from  him 
by  reason  of  his  own  misconduct;  if  she  voluntarily  abandons 
him  without  sufficient  provocation,  notice  by  the  husband  shall 
relieve  him  of  all  liability  for  necessaries  furnished  to  her. 

§  1707.  The  wife  may  act  as  attorney  and  agent  for  the  hus-  g^^^^rai 
band,  but  except  in  cases  before  mentioned  proof  of  such  au- '^^•*'"*'^ '"' 
thority  must  be  made  as  in  other  cases. 

§1708.  The  wife,  by  consent  of  her  husband,  evidenced  by  Free  trader. 
notice  in  a  public  gazette  for  one  month,  may  become  a  public  or 
free  trader;  in  which  event  she  is  liable  as  ^ifeine  sole  for  all  her 
-contracts,  and  may  enforce  the  same  in  her  own  name.     In  such 
•cases  the  acquisitions  of  the  wife  becomes  her  separate  estate. 


340 


PT.  2.— TIT.  '2.—C11AF.  1.— Domestic  llELAXioiJs. 


Article  2. — Of  tlie  Eights  aud  Liabilities  of  Husband  and  Wife,  &c. 


SnrviTor 
ship. 


"Wife's 
equity. 


§  1T09.  Upon  the  death  of  the  husband  all  the  property  of  the- 
wife,  not  reduced  to  actual  possession  by  the  husband,  survives- 
to  the  wife.  An  assignment  by  the  husband  M'ithout  her  assent 
shall  not  bar  her  rights. 

§1710.  Tlic  wife's  equity  is  her  right  to  a  reasonable  provision 
for  the  support  of  herself  and  her  children  out  of  such  of  her 
property  as  has  not  been  reduced  into  possession  by  the  husband,, 
and  upon  her  application  through  a  next  friend,  the  Superior 
Court,  upon  a  full  consideration  of  all  the  facts,  and  of  any  for- 
mer settlement  made,  may  settle  such  property  upon  her  %vith 
such  limitations  as  the  jury  may  decree.  The  husband  may  vol- 
untarily, by  deed,  make  the  same  settlement.  He  cannot  by  an 
assignment  for  value  defeat  tlie  etjuity. 

,41711.  Upon  the  d.ath  of  the  wife  the  husband  is  her  sole- 
heir,  and  upon  payment  of  lier  individual  debts,  if  any,  may  take 
possession  thereof  without  administration.  If  the  husband  be 
insolvent  the  wife's  ecpiity  sliall  survive  to  her  c-lii]dren,  if  any. 
Wifo-when  §  1712.  Upou  the  death  of  the  liu>l)and,  without  lineal  descen- 
dants, the  wife  is  his  sole  heir. 

§  1713.  Dower  is  the  right  of  a  wife  to  an  estate  ibr  life  in  one- 
third  of  the  lands,  according  to  valuation,  including  the  dwelling- 
house  (which  is  not  to  be  valued  unless  in  a  town  or  city)  of  whicli 
thehusb  and  was  seized  and  possessed  at  the  time  of  his  death,  or 
to  which  tlie  husband  ol)tained  title  in  right  of  his  wife. 

§  171i.  Dower  may  l)e  l)arred — 

1.  By  provision  made  prior  to  the  marriage  and  ac(;epted  l)y 
the  wife  in  lieu  of  dower. 

2.  B}'^  a  provision  made  by  deed  or  will,  and  accepted  by  the- 
wife  after  the  husband's  death,  expressly  in  lieu  of  dower,  oi- 
where  the  intention  of  the  husl)and  is  plain  and  manifest  that  it 
shall  be  in  lieu  of  do^\•er. 

o.  Bv  the  election  of  the  widow  within  twelve  months  from 
the  grant  of  letters  testamentary,  or  of  administration  on  tlie 
husband's  estate,  to  take  a  child's  part  of  the  real  estate  in  lieu 
of  dower. 

4.  By  a  failure  to  apply  for  the  dower  for  seven  years  from  tlie 
death  of  the  husband. 

5,  By  the  wife's  deed  with  her  husband  to  lands  to  v.'hicli  the 
title  came  through  her. 

G.  By  the  adultery  of  the  wife  unpardoned  by  the  husband. 


Unsband 
Boleheir. 


solo  hoir. 


Do\T<.T  . 


How  barred. 


PT.  1^— TIT.  2.— CHAP.  1.— DoMKKTio  Kklatk.ns.  341 

Article  2. — Of  the  Rights  and  Liabilities  of  ITushand  and  Wife,  Ac. 
S  1715.  If  tlie  liusband  bv  will  sjives  to  his  wife  an  interest  in  Election  in 

*  *~  CflS6S  of  bft- 

liis  landK,  lier  election  of  dower  bars  lier  of  tliat  devise,  Init  does  quest  in  Hen 

of  dower. 

•not  deprive  her  of  any  interest  in  the  personalty  bequeatlied  to 
Jier  in  the  will,  unless  it  is  expressed  to  1»e  in  lien  of  dower. 

§  1716.  An  election  '■  >y  the  widow  to  take  a  child's  part  of  the  Election  in 
realty  in  ignorance  of  the  condition  of  the  estate,  or  of  any  fact '^"°'^"'**' 
material  to  her  interest,  shall  not  bar  her  right  to  dower ;  Provid- 
ed, the  rights  of  third  |iersons  acting  hojia  f/dr  njxtji  her  election 
i»hall  not  be  disturbed  or  prejudiced. 

§  1717.  Where  the  husband  die?  seized  of  several  distinct  tracts  p^^.p^  .^ 
of  land  lying  in  the  same  county,  the  widow  m^^y  elect  to  taketrJc^™' 
her  entire  dower  in  one  b(»dy.  and  iiiay  select  the  tract  or  tracts 
•out  of  wliich  her  dower  shall  be  laid.     If  a  tract  or  body  of  land 
is  divided  bv  craintv  lines,  the  entire  d<twer  mav  be  laid  (ttf  in  if  divided  by 

"  .  .       '  .      .  .    ,  '      ,  county  lines. 

'either  county  ;  if  several  tracts  lie  in  different  counties,  the  (k)wer 
must  be  ap]>lied  for  and  laid  out  in  each  county. 

§1718.  The  widow  is  entitled  to  the  possession  <>f  the  dwelling- D^eiuny- 
house  from  the  death  of  her  husband,  and  before  dower  is  as-  ""**'■ 
signed,  and  also,  of  the  furniture  therein,  until  her  portion  there- 
of is  set  a])art  by  the  appraisers  as  provided  by  this  Code. 

§  1710.  JSo  lien  created  by  the  husband  in  his  life  time,  though  j.un  nobar. 
:assented  to  by  the  wife,  shall  in  any  manner  iTiterfere  with  her 
>right  to  dower. 

§  1720.  With  tlie  assent  of  the  executor  or  administrat(»r  of  the  nfe  estate 
•estate,  the  widow  may  elect  a  life  estate  in  one-third  part  of  thcofMie?^^^' 
proceeds  of  the  sales  of  the  land,  or  any  distinct  tract  or  tracts 
•of  land  in  lieu  of  the  dower  in  such  land.  In  which  event,  such 
third  part  of  the  ])roceeds  of  the  sale  shall  be  invested  by  the  ex- 
-ecutor  or  administrator  under  the  direction  of  the  Ordinary  where 
his  returns  are  made,  and  the  annual  inc(»me  thereof  paid  to  the 
w^dow  during  her  life. 

§  1721.  With  the  assent  of  the  executor  or  adm  iuistrator  of  the  es-  Absolute  es- 
tate, and  the  approval  of  the  Ordinary,  the  widow  may  elect  in  lieu  fifd  sui^T*"' 
•of  her  dower  an  amount  in  money  to  belong  absolutely  to  her,  to  be 
■<'stimated  and  determined  1  )y  the  commissioners  appointed  to  assign 
•dower,  and  whose  report  shall  be  subject  to  the  same  objections 
iis  arc  admeasurements  of  dower  in  land.     Both  before  the  Ordi- 
•dary  and  on  the  return  of  the  report  of  the  commissioners,  any 
l)erson  interested  in  the  question  shall  be  allowed  to  become  a  ^^tZr"' 
party  and  be  heard.     The  amount  so  awarded  shall  be  paid  in 


342 


Parapherna- 
lia. 


"When  the 
wife  may  ap- 


PT.  2.— TIT.  2.— CHAP.  1.— Domestic  Eelations. 

Article  2. — Of  the  Rights  and  LiabiUties  of  Husband  and  Wife,  &c. 

preference  to  all  otlier  claims  out  of  the  j)roceeds  of  the  sale  of 
the  land. 

§  1722.  The  wife's  paraphernalia  shall  not  be  subject  to  the 
debts  or  contracts  of  the  hnsljand,  and  shall  consist  of  the  appa- 
rel of  herself  and  her  children,  her  watch  and  ornaments  suitable 
to  her  condition  in  life,  and  all  such  articles  of  personalty  as  have 
been  given  to  her  for  her  own  use  and  comfort. 

§  1723.  In  all  cases  where  the  rights  of  the  wife  come  in  conflict 


Busband. 


^aS'  with  the  interest  of  the  husband  she  may  appear  in  court  by  her- 
next  friend.  In  all  other  civil  cases,  except  as  to  her  separate 
estate,  she  must  appear  by  and  with  her  husband,  if  living  to- 
gether. 


ARTICLE  III. 


OF  MARRIAGE  CONTRACTS  AND  SETTLEMENTS. 


Section. 
1124.  Marriage  article  or  parol,  &c. 

1725.  Voluntary  execution,  &c. 

1726.  Construction  of  contract. 

1727.  Record  of  marriage  contracts. 

1728.  Wife  may  force  a  record. 


Section. 

1730.  E.xecuted  in  favor  of  volunteers. 

1731.  Valuable  consideration. 

1732.  Wik  fevie  sole,  &c. 

1733.  When  sue  and  be  sued. 

1734.  Minority  of  party  to  contract. 


Marriage  ar- 
ticle orparol 
agreement. 


Voluntary 
execution 
and  trust 
deeds. 


Constrnc- 
tioH  of  con- 
tract. 


172D.  Appomting  and  removing  trustees.  I   1735.  Sale  to  husband  or  trustee. 

§  172-1.  Any  agreement  between  the  parties  to  a  marriage  con- 
templating a  future  settlement  upon  the  wife,  whether  by  parol 
or  in  writing,  may  be  executed  and  enforced  by  a  court  of  equity 
at  the  instance  of  the  wife  at  any  time  during  the  life  of  the  hus- 
band ;  Provided^  ahoays,  tliat  the  rights  of  third  persons,  pur- 
chasers or  creditors  in  good  faith,  and  without  notice  are  not 
affected  thereby.  An  agreement  perfect  in  itself,  and  which 
needs  no  future  conveyance  to  effect  its  purposes,  is  an  executed 
contract,  and  does  not  come  under  the  definition  of  marriage 
articles. 

§  1725.  The  husband  may  voluntarily  execute  such  agreement,, 
or  he  may  at  any  time  during  the  coverture,  either  through  trus- 
tees or  directly  to  his  wife,  convey  any  property  to  which  he  has 
title  subject  to  the  rights  of  prior  purchasers  or  creditors  without 
notice. 

§  1726.  Every  marrriage  contract  in  writing,  made  in  contem- 
plation of  marriage,  shall  be  liberally  construed  to  carry  into- 
effect  the  intention  of  the  parties,  and  no  want  of  form  or  technical 


PT.  2.— TIT.  2.— CHAP.  1.— Domestic  Kelations.  343 

Article  3. — (Jf  Marriage  Contracts  and  Settlements. 


expression  sliall  invalidate  the  same.     Sucli  contract  must  be 
attested  bj  at  least  two  witnesses. 

§1727.  Every  marriage  contract,  and  every  voluntary  settle- Accord  of 
ment  made  by  tlie  husband  on  the  Mite,  whether  in  execution  of  co'niracts. 
marriage  articles  or  not,  must  be  recorded  in  the  office  of  the 
Clerk  of  the  Superior  Court  of  the  county  of  the  residence  of  the 
husband  within  three  months  after  the  execution  thereof;  on 
failure  to  comj>Iy  with  this  provision,  such  contract  or  settlement 
shall  Jiot  be  of  any  force  or  effect  against  a  purchaser  or  creditor 
or  surety  who,  bona  jide  and  without  notice,  may  become  such 
before  the  actual  recording  of  the  same.  If  sucli  contract  or  set- 
tlement is  made  in  another  State,  and  the  parties  subsequently 
remove  into  this  State,  tlie  record  must  l)e  made  within  three 
months  from  such  removal.  If  the  settled  property  be  in  tliis 
State,  and  the  ])artics  reside  in  another,  then  the  record  must  be 
made  in  tlie  county  where  the  property  is,  and  within  the  time 
speciiied  above. 

§1728.  If  the  trustee  or  husband,  having  possession  of  such  wife  may 
contract  or  settlement,  fails  or  refuses  to  have  the  same  recorded,  cZr ''^" 
the  wife,  or  any  friend  of  hers,  may  apply  to  the  Judge  of  the 
Superior  Court,  at  any  time,  for  an  order  compelling  such  record ; 
and  the  trustee  thus  refusing,  after  demand,  shall  be  jiersonally 
responsible  to  his  cestui  que  trust  for  all  damage  sustained  by 
reason  of  the  lailure  to  record  ;  and  such  application  of  the  wife 
or  her  friend,  when  entered  on  the  minutes  of  the  Superior  Court, 
shall  be  a  notice  equivalent  to  the  record  of  the  nuirriage  con- 
tract or  trust  deed, 

§1720.  The  Judge  of  the  Superior  Court  of  the  county  of  the  Appointing 
wife's  domicil,  may,  at  any  time,  upon  petition,  exercise  the  f°g  SeVs. 
powers  of  a  chancellor  in  appointing,  or  removing,  or  substitu- 
ting trustees  or  granting  any  order  for  the  protection  of  the  trust 
estate,  exercising  a  Avise  discretion  as  to  the  terms  on  which  such 
appointment  shall  be  made,  or  such  order  granted.  The  pro- 
ceeding in  each  case  shall  be  transmitted  to  the  Clerk  of  the  Su- 
perior Court,  to  be  recorded  in  the  book  of  the  minutes  of  such 
court,  next  to  the  minutes  of  the  last  term  thereof. 

§1730.  Marriage  contracts  ujid  post  nuptial  settlements  will^.^,„,^^. 
be  enforced  at  the  instance  of  all  jiersons  in  whose  favor  there ''."''''' *°  f' 
are  limitations  of  the  estate.     Marriage  articles  will  l)e  executed  ""'"-*^"- 
only  at  the  instance  of  i)ersons  coming  within  the  scope  of  the 
marriage  consideration;  but  when  executed  at  their  instance,  the 


344  PT.  2.— TIT.  2.— CHAP.  1.— Domestic  Relations. 


Article  3. — Of  Maniao'e  Contracts  and  Settlements. 


court  may  execute  also  in  favor  of  volunteers ;  all  persons  are 

volunteers,  except  the  parties  to  the  contract,  and  the  offspring 

of  the  wife. 

IS£a-         §l'r31.  Marriage  is  a  vahiable  ct>nsideration,    and   the   wife 

^"^^  stands,  as  to  property  of  the  husband  settled  upon  her  by  marriage 

contract,  as  other  purchasers  for  value ;  Provided,  that  by  such 

contract  the  husband  does  not  inca))acitatc  himself  from  paying 

his  existing  just  debts. 

Wife/w(e        §1732.  TJic  wifc  is  a  feme  xale  as  t(»  lier  separate  estate,  unless 

hor  separate  controlled  by  the  settlement.     Every  restriction  uixni  her  power 

estate.  .       ,  "  ••  ^  '■ 

in  it  must  be  complied  with ;  but  while  the  wife  may  contract, 
slie  cannot  bind  ]ier  separate  estate  by  any  contract  of  surety- 
ship, nor  l)y  any  assumption  (tf  the  debts  of  her  husband,  and 
any  sale  of  her  separate  estate,  made  to  a  creditor  of  Iter  husband 
in  extinguishment  of  his  debts,  shall  be  absolutely  void. 
WhoBsne        8 1733.  If  there  is  no  trustee,  the  wife  may  sue  and  be  sued,  as 

and  be  sued.        "  ■>  j  i 

to  her  separate  estate,  as  difeme  Hole  ;  and  in  all  such  cases,  the 
separate  estate  sliall  be  responsible  for  all  costs  incurred. 
Minority  of       §173-1.  The  minority  of  either  iiai'tv  to  marriac;e  articles,  or  a 

party  to  "  J  1  .  )-^  ^ 

contract      marriage  contract,  shall  not  invalidate  it:   Prorulrd,  such  j)arty 

is  of  lawful  age  to  contract  marriage. 
Saietohus-       §1735.  Xo  contract  of  Sale  of  a  wifc  as  to  her  separate  estate 
trustee.       witli  lior  liusbaud  or  her  trustee,  shall  be  valid,  unless  tlie  same 

is  allowed  by  order  of  the  Superior   Court  of  the  county   of  her 

domicil. 


CHAPTER  II. 

OF  PARENT  AXn  rHILD. 

Article  1.  Legitimate  children. 

Article  2.  Illegitimate  children  or  bastards. 


ARTICLE  I. 

LEGITIMATE  CHILDREN'. 

Section'.  Sectiox. 

1T36.  Legitimate  children.  1742.  Age  of  majority. 

1737.  Subsequent  marriage.  1743.  Parents'  obligation. 

1738.  Legitimating  by  order  of  court.  1744.  Parents"  power — how  lost. 

1739.  Adopting  a  child.  1743.  Mothers' rights. 

1740.  Objections  by  relative.  174G.  Cruel  treatment  by  parent. 

1 741 .  Adoption  of  adult  persons.  1 147.  Mutual  protection. 


rX.  L'.— TIT.  2.— CHAP.  2.— DoMKSTic  Relations.  345 

Article  1. — Lepitimate  Children. 


§1736.  All  children  born  in  wedlock,  or  within  the  usual  pe- Leiji^ttmau 
nod  offcestation  thereafter,  are  legitimate.  Tlie  legitimacy  of  a 
child  thus  born  may  be  disputed.  Wliere  possibility  of  access 
exists.  excei)t  in  cases  of  divorce  from  bed  and  board,  the  strong 
presumption  is  in  favor  of  legitimacy,  and  the  proof  should  be  clear 
to  establish  the  contrary.  If  pregnancy  existed  at  the  time  of 
the  marriage,  and  a  divorce  is  sought  and  obtained  «»n  that 
ground,  the  child,  thougli  l»orn  in  wedlock,  is  not  legitimate. 

§1T-'>T.  Tlie  marriage  of  tlie  motlier  and  rc]>uted  father  of  an  suhBequent 

'  '  ..  ■•  1        t   '^  ^  ^  •  ^      1^  Marriage. 

illegitimate  child,  and  the  recognition  ot  such  child  as  Jus.  shaa 
render  the  child  legitimate :  and  in  such  case,  the  child  shall  im- 
mediately take  the  surname  of  his  father. 

)^17''^8.  A  father  of  an  illegitimate  child  may  render  the  same  LegiUmaey 
legitimate  by  ])etitioning  the  Su]>enor  or  Inferior  Court  of  the  court 
county  of  his  residence,  setting  forth  the  name,  age  and  sex,  of 
such  child,  and  also  the  name  of  the  mother;  and  if  he  desires 
the  name  changed,  stating  the  new  name  and  praying  the  legiti- 
mating of  such  child.  Of  this  a]i]>lication  the  mother,  if  alive, 
shall  have  notice.  Upon  such  a]»plication,  ]u-esented  and  filed, 
the  court  may  pass  an  order  declaring  said  child  t<t  be  legitimate, 
and  capable  of  inheriting  of  the  father  in  the  same  manner  as  if 
born  in  lawful  Medlock,  and  the  name  by  which  he  or  she  shall 
be  known. 

§1739.  Any  person  desirous  of  adopting  a  child,  s(t  as  to  ren- AdopUng • 

i.  11*      >••!••  ^  '  ^•^  'i'         child. 

der  it  capable  ot  inheriting  his  estate,  may  present  a  like  petition 
to  the  said  court,  setting  forth,  as  an  additional  fact,  the  name  of 
the  father,  or  if  he  be  dead,  or  has  abandoned  his  family,  the 
mother,  and  the  consent  of  such  father  or  mother  to  this  act  of 
adoption  ;  and  if  the  child  has  neither  father  or  mother,  then  the 
consent  of  no  ])erson  shall  be  necessary  to  said  adoption.  It 
shall  be  the  duty  of  the  court,  upon  being  satisfied  of  the  truth 
of  the  tacts  stated  in  the  petition,  and  of  the  fact  that  such  father 
(»r  mother  has  notice  of  such  application,  and  being  further  satis- 
fied that  such  adoption  will  be  to  the  interest  of  the  child,  to 
pass  an  order  declaring  said  child  to  be  the  adopted  child  of  such 
person,  and  capable  of  inheriting  his  estate,  and  also  Avliat  shall 
be  the  name  of  such  child;  and  thenceforward  the  relation  be- 
tween such  person  and  tlu^  adopted  child  shall  be,  as  to  their  le- 

I'l  iTi-i..  1  -j'T  !,•  /•  J.  Effect  thore- 

gal  rights  and   liabilities,   tlie  same  as  it  tlie  relation  ot  parentof. 
and  child  existed  between  them,  except  that  the  adopted  father 
shall   never  inherit  from   the  child;  but  to  all  other  persons  the 


346  PT.  2.— TIT.  2.— CHAP.  2.— Domestics  Eelations. 


Article  1. — Legitimate  Children. 


adopted  child  shall  stand  related  as  if  no  such   act  of  adoption: 

had  been  taken. 
Objections        §1740,  It  sliall  be  the  privilege  of  any  person  related  by  blood 
jy  re  ations.  ^^  such  child,  if  there  be  no  father  or  mother,  to  file  objections 

to  such  application,  and  the  court,  after  hearing  the  same,  shall 

determine,  in  its  discretion,  whether  or  not  the  same  constitute  a 

good  reason  for  refusing  the  application. 
Adopting  of      <J  1741 .  Adult  persons  may  be  adopted  in  like  manner,  and  have 

adult  per-  '-  ^  .  '' .  ^  i  i  • 

sons.  their  names  changed,  on  giving  consent  to  such  adoption. 

Age  of  ma-       §1742.  The  age  of  legal  majority  in  this  State  is  twenty-one- 
J''"^-         years;  until  that  age  all  persons  are  minors. 
Parent's  ob-      §1743,  Uiitil  majority,  it  is  the  duty  of  the  father  to  provide 
ligation.      ^,^^  ^1^^  maintenance,  protection,  and  education  of  his  child. 
Parental  §  1744.  Until  majoritj,  the  child  remains  under  control  of  the- 

jwAv-er-  i**^  |j^|.]^^,j.^  ^^.]jQ  jg  entitled  to  his  services  and  the  proceeds  of  his  la- 
bor.    This  paternal  power  is  lost — 

1.  By  voluntary  contract,  releasing  the  right  to  a  third  person. 

2.  By  consenting  to  the  adoption  of  the  child  by  a  third  per- 
son. 

3.  By  the  failure  of  the  father  to  i)rovide  necessaries  for  his- 
child,  or  his  abandonment  of  his  family. 

4.  By  his  consent  to  the  child's  receiving  the  proceeds  of  his- 
own  labor,  which  consent  shall  be  revocable  at  any  time. 

5.  By  his  consent  to  the  niHrriage  of  the  child,  who  thus  as- 
sumes inconsistent  responsibilities. 

G.  By  cruel  treatment  of  the  child. 

Mother's  §1745.  Upoii  the  death  of  the  father,  the  mother  is  entitled  to- 

rights.  |.jjg  possession  of  the  child  until  his  arrival  at  such  an  age  that 
his  education  requires  the  guardian  to  take  possession  of  him. 
In  cases  of  separation  of  the  parents,  or  the  subsequent  marriage 
of  the  survivor,  the  court,  upon  writ  of  hcibeas  corjjiis,  may  ex- 
ercise a  discretion  as  to  the  possession  of  the  child,  looking  solely 
to  his  interest  and  welfare. 

Cruel  treat-       §  1740.  Ally  pei'soii  may  apply  to  the  ( )rdinary  of  the  county,. 

™nt.*^^^''  alleging  the  cruel  treatment  of  a  child  by  his  father,  who  shall 
cite  the  father  to  answer  the  allegation ;  and  such  Ordinary  may^^ 
at  any  time,  hear  evidence,  and,  in  his  discretion,  appoint  a  guar- 
dian of  the  person  of  such  child,  who  shall  be  entitled  to  the- 
possession  of  him. 

Mutual  pro-  §  1747.  Parents  and  children  may  mutually  protect  each  other,. 
and  justify  the  defence  of  the  person  or  reputation  of  each  other.. 


PT.  2.— TIT.  2.— CHAP.  2.— Domestic  Relations.  347 

Article  2. — Illegitimate  Children  or  Bastards. 

ARTICLE  II. 

ILLEGITIMATE  CHILDREN  OR  BASTARDS. 

Section-.  Sectiox. 

1748.  Bastards.  1751.  Inheritance  by  bastard. 

1749.  Father's  obligations.  !   1752.  By  Ictritimatps  from  bastard. 

1750.  Mother's  right. 

§  174S,  A  bastard  is  a  child  bom  out  of  wedlock,  and  whose 
parents  do  not  subseqnently  intermarry,  or  a  child  the  issue  of 
adulterous  intercourse  of  the  wife  during  wedlock. 

§1749.  The   father  of  a  bastard  is  l>ound  to  maintain  him.  ^^^^^^^.^^^ 
This  obligation  shall  be  good  consideration  to  support  a  contract  ligation, 
by  him.     He  may  voluntarily  discharge  this  duty ;  if  he  fails  or 
refuses  to  do  it  the  law  will  compel  him. 

§1750.  The  mother  of  a  bastard  is  entitled  to  the  possession  of 

11MT  ir-i  1     M  1       •    •  -I  •  i/»  •    Mother's 

the  child,  unless  the  lather  shall  legitimate  him  as  before  provi- rights. 
ded.     Being  the  only  recognized  parent,  she  may  exercise  all  the 
paternal  power. 

§  1751.  Bastards  have  no  inhcrital)le  blood  except  that  given  to 
them  by  express  law ;  they  may  inherit  from  their  mother  and  i,y  bastani. 
from  each  other,  children  of  the  same  mother  in  the  same  man- 
ner as  if  legitimate.  If  a  mother  have  both  legitimate  and  ille- 
gitimate children,  they  shall  inherit  alike  the  estate  of  the  mother. 
If  a  bastard  dies  leaving  no  issue  or  widow,  his  mother,  brothers 
and  sisters  shall  inherit  his  estate  equally.  In  distributions  un- 
der this  law  the  children  of  a  deceased  bastard  shall  represent 
the  deceased  parent. 

S 1752.  If  a  bastard  dies  intestate,  leavinjx  no  widow  or  lineal 

descendant,  or  illegitimate  brother  or  sister,  or  descendant  of  a  mates  from 

.         *-  illegitimates- 

brother  or  sister  or  mother,  but  shall  leave  a  brother  or  sister  of 

legitimate  blood,  such  brother  or  sister,  or  descendant  of  such 

brother  or  sister,  mav  inherit  the  estate  of  such  intestate. 


848  PT.  2.— TIT.  3.— CHAP.  3.— AKT.  1.— Domestic  Kelations. 


Kinds  of 
guardians. 


Natural 
guardian. 


Testamen- 
tary guar- 
dian. 


Section  1. — Guardiaus — liow  and  by  whom  Appointed. 


CHAPTER  III. 

OF  GUARDIAN  AND  WARD. 

Akticle  1.  (ruardians  of  minors. 

Articlic  2.  Guardians  of  lunatics  and  idiots. 

Akticle  3.  Guardians  of  free  persons  of  color. 

Akticle  4.  Foreign  guardians. 


ARTICLE  I. 

Section  1.  How  and  by  whom  appointed. 

Section  2.  Their  powers,  duties  and  liabilities. 

Section  3.  Settlements,  resignation  and  letters  of  dismission. 


SECTION  I. 


HOW  AND  RV  WHOM  APPOINTED. 


Section. 
17515.  Kinds  of  guardians. 

1754.  Natural  guardian. 

1755.  Testamentary  guardian 

1756.  Appointed  by  widows.* 

1757.  General  guardian. 


Section. 

1763.  Bond  and  oath. 

1764.  Taken  in  vacation. 

1765.  Additional  bond. 

1766.  New  sureties. 

'   1767.  Proceedings  in  ca.«e  of  misconduct. 


1758.  Of  property  of  non-resident  ward.i  1768.  Motion  by  surety. 

1759.  Mother-guardian.  1  1769.  Revocation  does  not  abate  suit. 

1760.  Appointment  of  clerk  or  stranger.'  1770.  Suit  on  bond. 

1761.  Guardian  of  bastard.  |  1771.  Removing  proceedings,  &c. 

1762.  Notice  of  application.  j  1772.  Ounrdian  ml  litmi. 

§17r>;>.  Guardians  of  minors  may  be  either — 1,  natural  guar- 
diaus; 2,  testamentary  guardians;  3,  guardians  of  person  and 
property,  or  either. 

§  1754.  The  father,  if  alive,  is  tlie  natural  guardian ;  if  dead,  the 
mother  is  the  natural  guardian.  Tlie  natural  guardian  cannot 
demand  or  receive  the  property  of  the  child  until  a  guardian's 
bond  is  liled  and  accepted  by  the  Ordinary  of  the  county.  If 
such  natural  guardian  fail  or  refuse  to  give  bond  and  security  the 
Ordinary  may  appoint  another  guardian  to  recive  such  property. 

§1755.  Every  father  may  by  will  appoint  guardians  for  the 
persons,  or  property,  or  both,  of  his  children,  and  such  guardians 
shall  not  be  required  to  give  bond  and  security,  except  in  case  of 
waste  committed  or  apprehended,  or  of  property  coming  to  the 


]?T.  2.— 'J7T.  2.— CHAP.  3.— ART.  1.— Domestic  Kelations.  349 


Section  1. — Guardians — how  and  by  whom  Appointe<i. 


ward  from  sources  otlier  than  the  father's  will,  when  the  Ordi- 
nary shall  require  the  same.  If  a  testamentarv  o;uardian  fails  to 
^ive  hoiul  as  required,  the  Ordinary  may  dismiss  him  as  guardian 
and  a])point  another,  or  may  appoint  another  ijuardian  for  the 
property  thus  accruinc;.  In  all  other  respects  a  testamentary 
guardian  shall  stand  on  the  same  footing  with  other  guardians 
appointed  hy  the  Ordinary. 

§  175(».  The  mother,  if  a  widow,  shall  have  the  ])ower  by  will  Appointed 
to  appoint  testamentary  gurdians  for  such  children  as  haye  none, 
as  to  their  persons,  and  as  to  such  ])roperty  as  tliey  may  inherit 
from  her. 

§1757.  The  Ordinary  of  the  county  of  the  domicil  of  a  minor  General 
liaving  no  guardian  shall  liave  the  power  of  ai)p()inting  a  guar-^°"  "*"' 
dian  of  the  person  and  property,  or  either,  of  such  child.  If  the 
ward  he  above  the  age  of  fourteen  years  before  a  guardian  is 
aj)]>ointed,  he  shall  have  the  ])rivilege  of  selecting  a  guardian, 
and  if  such  selection  be  judicious  the  Ordinary  shall  appoint 
him.  The  ward  having  once  exercised  this  privilege  cannot  do 
so  again,  except  upon  cause  shown  for  the  rem<jval  of  the  lirst 
selection. 

§1758.  If  a  minor  is  non-resident,  but  has  property  in  this  or  property 
State,  the  Ordinary  of  the  county  where  the  property  is  mavdcnTwarT 
appoint  a  guardian,  who  shall  have  control  only  over  such  pro- 
])erty. 

§175'.^.  In  the  appointment  of  guardians  the  widowed  mother  Mother- 
shall  have  the  preference  upon  complying  with  the  law.  Upon  f^"'"'^''"'- 
her  marrying  again  the  letters  are  revoked,  though  her  husband 
shall  be  responsible  to  the  \vard  as  guardian,  if  no  other  guardian 
be  appointed.  Among  collaterals  applying  for  the  guardianship, 
the  nearest  of  kin  l)y  blood,  if  otherwise  unobjectionable,  shall 
1)0  i>referred — males  being  ])referred  to  females.  The  Ordinary, 
however,  in  every  case  may  exercise  his  discretion  according  to 
its  circumstances,  and  if  necessary  grant  the  letters  to  a  stranger 
in  blood. 

§  1700.  If  there  be  no  ai)plication  for  letters  of  guardianship,  Appomt- 
and  a  necessity  for  a  guardian  exists,  the  Ordinary,  after  giving  Sor 
notice  for  thirty  days,  may  vest  such  guardianship  in  the  Clerk  ^'"'"^"^" 
of  the  Superior  or  Inferior  Court  of  the  county,  or  in  any  other 
l)erson  or  persons  residing  in  said  county,  whom  he  shall  deem 
iit  and  proper,  in  his  discretion,  requiring  bond  and  security  as 
in  other  cases. 


•350  PT.  2.— TIT.  2.— CHAP.  3.— APT.  1.— Domestic  Pelations. 


Section  1. — Guardians — how  and  by  M'hem  Appointed. 


ouardian  of  §  1761.  The  Ordinary  may  appoint  a  guardian  for  the  person 
and  pro])erty  ot  an  illegitimate  child  in  all  cases  where  he  may 
deem  it  necessary. 

f *  Hcttlon  ^  1'5'62.  Every  application  to  be  appointed  guardian  of  a  minor 
under  the  age  of  fourteen  years,  other  than  the  child  of  the  ap- 
plicant, shall  be  made  to  the  Ordinary,  and  notice  thereof  given 
by  him  in  some  public  gazette  of  this  State  at  least  thirty  days 
before  such  letters  shall  be  e-ranted.  At  the  rejxular  term  next 
after  the  expiration  of  the  notice  the  letters  may  be  granted, 
either  to  the  applicant  or  some  other  person,  in  the  discretion  of 
the  court.  In  the  meantime  a  temporary  guardian  may  be  ap- 
pointed under  the  same  rules  as  apply  to  the  appointment  of 
temporary  administrators. 

Bond  and  §1703.  Evcry  guardiau,  appointed  l)y  the  Ordinary,  before 
entering  on  the  duties  of  his  appointment,  shall  take  before  the 
Ordinary  an  oath,  or  affirmation,  well  and  truly  to  peform  the 
duties  required  of  him  as  guardian,  and  faithfully  to  account 
with  his  ward  for  his  estate ;  and  shall  also  give  bond  with  good 
and  sufficient  security,  to  be  approved  by  the  Ordinary,  in  double 
the  amount  of  the  supposed  value  of  the  property  of  the  ward, 
for  the  faithful  discharge  of  his  duty  as  guardian,  such  bond 
shall  be  payable  to  the  Ordinary  and  his  successors.  A  substan- 
tial com}>liance  as  to  all  matter  of  form  shall  be  sufficient. 

Taken  in  va-      S  17')4:.  The  taking  of  the  oath  and  iriviiiir  the  bond  may  be 

•cation.  "  .  .  .  ,  »  »  ^ 

done  at  any  time  m  vacation,  the  appointment  being  made  at  a 
regular  term.     The  bond  when  taken  shall  be  recorded  by  the 

corded  Ordinary  in  a  book  to  be  kept  by  him  for  that  purpose,  and  the 
original  kept  of  file  in  his  office. 

boud"^""^  §  1765.  If  at  any  time  after  appointment  other  property  shall 
descend,  or  come,  or  be  given,  or  otherwise  accrue  to  the  ward, 
the  Ordinary  may  require  the  guardian  to  give  an  additional 
bond  with  security  in  double  the  amount  of  such  property,  and 
on  his  failure  to  comply,  the  Ordinary  may  appoint  a  s])ecial 
guardian  for  such  property. 

New  sure-  §  1766.  If  oue  Or  more  of  the  sureties  on  the  guardian's  bond 
shall  die,  or  become  insolvent,  or  remove  from  this  State,  or  from 
other  cause  the  security  become  insufficient,  the  Ordinary  may 
of  his  own  motion,  or  at  the  instance  of  any  relative  of  the  ward, 
require  the  guardian  to  give  other  and  sufficient  security,  and  on 
his  failure  so  to  do  in  compliance  with  such  order,  the  Court 


ties. 


J^T.  2.— TIT.  2.— CHAP.  3.— ART.  1.— Domestic  Relations.  351 


Section  1. — Guardians — how  and  by  whom  appointed. 


shall  revoke  his  letters  of  guardianship,  and  appoint  some  other 
y>erson  in  his  place. 

§  17^)7.  If  the  Ordinary  knows,  or  is  infoniu'd,  that  anv  ffiiar-  Proceedings 

•'  ,  '     ^  in  case  of 

dian  wastes,  or  in  any  manner  mismanages  tlie  property,  or  does  misconduct 
not  take  due  care  of  tlie  maintenance  and  education  of  his  ward 
according  to  his  circumstances,  or  refuses  to  make  returns  as  re- 
quired l)y  law,  or  for  any  cause  is  unfit  for  the  trust,  the  Ordinary 
shall  cite  such  guardian  to  answer  to  such  charge  at  some  regular 
term  of  the  court,  when  upon  investigation  of  his  actions,  the 
Ordinary  may,  in  his  discretion,  revoke  his  letters  or  pass  such 
other  order  as  in  his  judgment  is  expedient  under  the  circum- 
stances of  each  case. 

§  1768.  The  surety  of  any  guardian  on  his  l)ond,  or  if  dead,  his  Motion  by 
representative,  may  at  any  time  make  complaint  to  the  Ordinary 
of  any  misconduct  of  his  principal  in  the  discharge  of  his  trust, 
or  for  any  other  reason  show  his  desire  to  1)e  relieved  as  surety, 
thereupon  the  Ordinary  shall  cite  the  guardian  to  appear  at  a 
regular  term  of  the  court,  and  show  cause  why  such  sure^^y  shall 
not  1)6  discharged;  and  upon  hearing  the  parties  and  their  evidence,  procoe<llne^ 
the  Ordinary  may,  at  his  discretion,  pass  an  order  discharging 
such  surety  from  all  future  liahility,  and  requiring  such  guardian 
to  give  new  and  sufficient  security  or  be  discharged  from  his  trust ; 
such  new  sureties  shall  be  liable  for  past  as  well  as  future  waste 
or  misconduct  of  the  guardian.  And  such  discharged  surety  shall 
be  relieved  only  from  the  time  the  new  security  shall  be  given.  neVsureUes. 
If  new  security  is  not  given,  and  the  guardian's  trust  is  revoked, 
the  discharged  surety  shall  be  bound  for  a  true  accounting  of 
such  guardian  with  the  new  guardian,  or  his  ward  if  no  other 
guardian  is  appointed.  The  death  of  a  surety  shall  be  a  sufficient 
ground  for  his  discharge  from  future  liability  on  application  of 

his  representative  and  the  2;rantin<i:the  order.     In  all  cases  Avliere^,  ,, 

i  .  ^^  o'^  sure- 

letters  of  guardianship  are  revoked,  the  sureties  on  the  bond  are  ^'^*- 

liable  for  all  the  acts  of  the  guardian  in  relation  to  his  trust  up 

to  the  time  of  his  settlement  with  the  new  guardian  or  his  ward. 

§  1769.  The  revocation  of  letters  of  guardianship  shall  not  abate  Kpvocation 
any  suit  pending  for  or  against  the  guardian,  but  the  ucav  guar-  .'Ji^ate'suu. 
dian  shall  be  made  a  part}"  by  scL  fa.  as  in  case  of  the  death  of  a 
party. 

§1770.  Suit  may  l)e  instituted  against  the  guardian  and  his  suit  on 
sureties  on  his  bond  in  the  same  action  at  the  instance  of  the  ^^  ' 
ward,  or  a  new  guardian,  or  any  other  person  interested,  without 


352  PT.  2.— TIT.  2.— CllAP.  a.— AliT.  1.— Domestic  liELAiioWii. 


Section  1. — Guardians — how  and  by  whom  appointed. 


first  suing  the  guardian.  And  if  the  guardian  is  beyond  the 
jurisdiction  of  the  court,  or  places  himself  in  the  position  of  a 
debtor,  liable  to  attachment,  or  is  dead,  and  his  estate  unrepre- 
sented, suit  may  be  commenced  against  the  sureties  alone;  Pro- 
vicUd,,  that  the  Ji.  fa.  issued  upon  a  judgment  obtained  against 
the  guardian  and  his  sureties  shall  not  be  levied  on  the  property 
of  the  sureties  until  a  return  of  nulla  ho?ia  as  to  the  guardian, 
unless  the  property  of  the  sureties  is  being  removed  from  the 
county.     If  the  failure  to  sue  the  guardian  arose  from  his  volun- 


Proviso. 


jud^ient.  tary  act,  the  judgment  against  the  sureties  sliall  be  conclusive  in 
any  suit  against  liim. 

§  1771.  A  iruardian  wliose  residence  is,  or  by  removal  or  other- 
proceedings  ^yjg^  l)e(*()mes,  iu  a  different  countv  from  that  of  his  ap])ointment, 

to  anotner  '  •■  x  1  ' 

county.  jjjj^y  ]i.^v(3  tJij.  privilege  of  removing  the  trust  to  the  jurisdiction 
of  the  Ordinary  (^f  liis  own  county,  by  first  giving  bond  and  good 
security  to  sudi  Ordinary,  as  if  first  appointed  by  liim,  and  filing 
a  certificate  ofsm'h  fact  with  the  Ordinary  by  whom  he  was  ap- 
pointed, lie  shall  also  obtain  from  such  Ordinary  an  exemplifi- 
cation of  all  the  records  concerning  his  guardianship,  and  of  the 
order  })assed  transferring  the  same  to  the  county  (jf  his  residence, 
which  exemplification  shall  be  filed  with,  and  recorded  by  the 
Ordinary  of  said  county,  who  shall  then  have  the  same  jurisdic- 
tion over  such  guardian,  as  if  first  appointed  by  him.  Tlie  sure- 
ties upon  such  guardian's  first  bond  shall  be  liable  only  for  past 

I^iabilitv  of        .         ^  ,^  .  ,  ,  1      1      n    1   '    t    1  1      /• 

Bureties:  unscouduct,  1  lic  sureties  upon  the  new  Itond  sliall  be  liable  tor 
both  jnist  and  future  misconduct. 

^1772.  AVhenever  a  minor  is  interested  iu  any  litigation  pend- 

Guardian  <i<i        C«  ^  '  '  ^  ,.  *^      ,  .     f 

litem.  ij^o;  in  auv  court  in  this  State,  and  has  uo  guardian,  or  his  inter- 
est is  adverse  to  that  of  his  guardian,  such  court  shall  have  power 
to  appoint  a  guardian  ad  I'dcia  for  such  minor,  which  guardian 
shall  be  responsible  to  such  minor  for  his  conduct  in  connection 
with  such  litigation  in  the  same  manner  as  if  he  were  a  regularly 
qualified  guardian. 


PT.  L'.— TIT.  2.— CHAP.  3.— AKT.  1— DoMEmc  Relations.  353 


Section  2. — Powert,  Duties  and  Liabilities  of  Guardians. 


SECTION  II. 

THK  POWERS,  DUTIES  AND  tlABILITIKS  OK  GUARDIANS. 

SECTinx.  f«ECTin\. 

177.^.  Power  of  pnardiau.  l"i*2.  Workinjr  them  together. 

1774.   Returns.  1783.  Cultivatiiifr  plantations.  Ac. 

177.').   Amount  of  expenditure.  ]'fii.  Investment  in  slocks. 

1776.  Binding  out  indijrent  persons.  1785.  Commissions. 

1777.  Ill-treatment.  1786.  If  there  be  two  puardians. 

1778.  Failing  to  make  returns.  1787.  Sureties  l>ound.  .tc. 

1779.  Sales.  1788.  Contracts  by  guardian. 

1780.  Renting  of  lands.  1789.  Ma}- apfjoiut  attorney  in  fact. 

1781.  Hiring  of  slaves. 

§  1773.  The  i»<»\ver  of  the  guardian  <»\  er  the  person  of  his  ward  poworoi 
is  the  same  with  the  father  over  his  child,  the  guardian  standing'-'"'"'''"'" 
in  liis  place;  and  in  like  manner  it  is  the  duty  (»f  the  guardian  Hi"  duty, 
to  pn»tect  and  maintain,  and,  acc<:»rding  to  the  circumstances  of 
the  ward,  to  educate  liini. 

§1774.  Every  guardian,  within  twelve  months  after  liis  ap- r.etums. 
pointment,  and  l)y  the  tirst  Monday  in  July  in  every  year  there- 
after, shall  make  a  return  to  the  Ordinary  under  oath,  making  an 
accurate  exliihit  of  all  the  property  of  his  ward  received  by  him 
up  to  that  time  and  since  his  last  return,  together  with  an  ac- 
count current  of  his  receipts  and  exjtenditures,  acconn»anied  witli 
the  vouchers  for  the  same,  and  any  other  matter  connected  with 
the  said  property,  which  said  return  shall  l>e  examined  by  the 
<  )rdinary.  and,  if  found  correct,  shall  be  allowed  by  him  and  en- 
tered of  record  with  the  vouchers ;  and  the  judgment  thus  ren- 
dered l»y  the  Ordinary  shall  he  jji'h/nf  far/*  evidence  of  the  cor- 
rectness of  said  return  in  favor  of  said  guardian.  If  the  guardian 
shall  have  removed  beyond  the  limits  of  this  State,  the  oath  of 
his  surety  shall  be  sufficient  to  verity  the  return. 

§1775.  Every  guardian  shall  be  allowed  all  reasonable  dis- Amount  ..f 
bursements  and  expenses  suitable  to  the  circumstances  of  the  qj..'^^^^'^^^^- 


phan  committed  to  his  care.     But  the  expenses  of  maintenance 
and  education  must  not  exceed  the  annual  profits  of  the  estate,   ^ 
except  by  the  approval  of  the  Ordinary  previously  granted.     The  a<'?m4  /im.  . 
Ordinary  may,  in  his  discretion,  allow  the  corpus  of  the  estate,'  "    '' 

in  whole  or  in  part,  to  be  used  for  the  education  of  the  M-ard. 

§1776.  If  the  annual  i)rotits  of  the  estate  of  any  orphan,  witIu?in,iingout 
or  without  a  guardian,  is  not  sufiicient  for  his  education  and  i-hVifs."* "'" 
maintenance,  it  shall  be  tlie  duty  of  the  r)rdinary  forthwith  to 

23  .        *  "•* 


364  FT.  2.— TIT.  2.— CHAP.  3.— ART.  1.— Domestic  Relations. 


Section  2. — Powers.  Duties  and  Liabilities  of  Guardians. 


Ill-troat- 
inent 


Failing  to 
make  re- 
turns. 


Salos. 


Renting  of 
lands. 


Hiring  of 
slaves. 


Working 
thein  to- 
gether. 


"Cultivation 
and  pnr- 

chaeiDt; 
plantation. 


bind  out  such  orphan  for  the  whole,  or  such  part  of  the  time  of 
liis  minority  as  to  him  shall  seem  hest,  and  on  such  conditions  as 
will  most  promote  the  interest  of  such  orphan,  in  all  cases  re- 
quirin<2:  that  such  orphan  shall  l)e  allowed  to  attend  the  nearest 
school,  where  education  is  free  to  him.  at  least  three  months  in 
the  year.  * 

§1777.  Tt  shall  l)e  the  duty  of  the  Ordinary,  and  of  the  guar- 
dian of  Bucli  orphan,  to  be  informed  as  to  his  treatment,  and  on 
complaint  of  ill-usage  or  an}-  condition  broken,  tha  Ordinary 
shall  bind  such  orphan  to  some  other  person. 

§  1778.  The  Ordinary  shall  keep  a  docket  uf  all  the  guardians 
liable  to  make  returns  to  him,  and  upon  the  failure  of  any  one  to 
do  so  by  the  time  required  by  law,  he  shall  cite  the  said  guar- 
dian to  api>ear  and  show  the  reason  for  his  delay ;  and  every 
guardian  who  shall  fail  or  refuse  to  make  his  return  l)efore  the 
end  of  the  year,  shall  receive  no  commission  or  compensation  for 
any  service  done  during  that  year,  unless  by  special  order  of  the 
Court  of  Ordinary  exonerating  him  from  all  blame. 

§1779.  All  sales  of  any  portion  of  the  property  of  the  ward, 
siiall  be  made  under  the  direction  of  the  Ordinary,  and  under  the 
same  rules  and  restrictions  {is  are  prescribed  ior  sales  l>y  admin- 
istrators of  estates.       ,ii  " 

§  1780.  Every  renting  of  lands  of  an  orphan,  unless  by  special 
order  of  the  Ordinary,  shall  be  in  public  to  the  highest  bidder, 
and  under  the  same  rules  as  Sheriff  sales,  except  that  credit  may 
be  given  on  good  security. 

§1781.  Guardians,  under  an  order  from  the  Ordinary,  may 
exercise  a  sound  discretion  in  liiring  the  slaves  of  their  wards, 
either  publicly  or  privately,  as  may  be  most  conducive  to  the 
safety  and  comfort  of  the  slaves  and  the  permanent  interest  of 
the  ward. 

§  1782,  Guardians,  under  a  like  order,  may  keep  such  slaves, 
or  a  portion  of  them,  together,  and  have  them  employed  in  such 
agricultural  or  other  operations  as  such  guardians  may  deem 
manifestly  expedient. 

§1783.  When  it  is  manifestly  expedient,  guardians  may  cause 
plantations  of  their  wards  to  be  managed  and  cultivated  for  their 
benefit,  and  when  not  possessed  of  lands,  under  a  like  order  of 
the  court,  guardians  may  invest  a  portion  of  the  funds  of  their 
wards  in  lands  for  the  purpose  of  cultivation  as  hereinbefore  pro- 
vided. 


PT.  2.— TIT.  2.— CHAP.  3.— ART.  1.— Domj^tk   Relaiions*.  355 


Section  f . — Po^VOTS,  Duties  and  LiaWlities  of  rjiiardians. 


81784.  Any  ffuardian,  in  his  diftc-retion,  mav  invest  any  fundsinvestment 
oi'  his  ward  in  his  Imnds  in  stocki,  l)onds  or  otlier  secnrities  issued 
by  this  State.  In  ever}-  such  cMe  his  return  sliall  set  forth  the 
time  of  such  purchase,  the  price  paid  and  the  name  of  the  person 
from  whom  purcliased.  All  sucli  investments  shall  be  free  from 
taxation  during  the  minority  of  the  ward  for  whom  they  are 
held. 

§1785.  Guardians  shall  be  allowed  the  same  commissions  forcommii.- 
receivins:  and  ]>ayinc:  out  the  estate  of  their  wards  as  are  allowed 
to  administrators.  Extra  compensation  and  traveling  expenses 
shall  be  allowed  to  them  upon  the  same  principles  as  to  admin- 
istrators. When  the  guardian  keeps  together  and  works  the 
slaves  of  a  ward,  the  court  sliall  allow  him  a  reasonalde  compen- 
sation for  such  services,  taking  into  consideration  the  commissions 
he  may  receive. 

§178f!.  If  the  guardian  resigns  or  dii'S,   or  is  removed   under  if  there  be 
any  circumstances,  no  conmiissions  shall  l»e  allowed  for  turning ^^a'Jis"*'^ 
over  the  estate  to  a  new  guardian,  or  to  the  new  guardian  for 
receiving  the  same ;  and  where  a  guardian  is  removed  for  waste 
or  gross  mismanagement,  no  commissions  shall  be   allowed   for 
any  of  his  services. 

§1787.  If  the  appointment  of  a  guardian  for  any  f-ause  is  de-sareticB 
clared  void,  liis  sureties  shall  nevertheless  be  responsible  on  the  ^"'""*'' **^' 
bond  for  any  property  which  may  have  been  received  by  him  by 
virtue  or  reason  of  his  appointment. 

§  1788.  The  guardian  cannot  borrow  money  and  bind  his  ward  contracts 
therefor,  nor  can  he,  by  any  contract  other  than  those  specially  du^" 
allowed  by  law,  bind   his  ward's  property,   or  create  any  lien 
thereon. 

§1789.  The  guardian  may  appoint  an  attorney  in  fact  to  act  May  appoint 
for  him  where  he  is  unable  to  act  himself,  and  he  and  his  sure-'*"'""'"^^' 
ties  are  bound  for  the  acts  of  such  attorney  as  if  it  were  his  per- 
sonal deed. 


356  FT.  2.— TIT.  2.— CHAP.  3.— ART.  1.— Domestic  Relations. 


Section  3. — Settlement  of  (luardians,  A-c. 


SECTION  III. 

SI':TTLEMKNTS  of  guardians.  R*!SIGXATI0X   and    letters   DISMIS- 

SOHY. 

Section.  Skction. 

1790.  Settlements  before  tlic  Ordinitrv.  17!t7.  Finiil  ret-eiptajP 

1791.  At  the  instance  of  the  giiiirdiau.  1798.  Right  of  ward  to  re-open.  ie. 

1792.  Duty  of  the  court.  1799.  Rcs-ignation  of  guardian. 

1793.  Continuance.  -   1800.  Letters  of  dismission. 

1794.  Proceedings.  1801.  Dispcsition  of  money,  Ac.  in  hand. 

1795.  Power  of  tlie  Ordiuar}-.  1802.  Ward  dying.  Af. 
179G.  Enforcement  of  decision. 

Settle-  §1790,   .V  Mard,  (»ii  arriviiio:  at  iiiajurity,  <tr  iimrrviiii;  a  man  of 

^rordina-"^'  fnH  '-^ii^'  «»i"  51  "Gw  o-uardiaii  leirrtllv  a]>])i)inte(l,  may  apply  to  the 
'^^'  Ordinary  for  an  order  requiring  tlie  ir^ardian  to  appear  and  sub- 

mit to  a  settlement  of  his  account.^  :  such  citation  shall  be  served 
as  other  citations,  and  shall  be  returnable  to  a  regular  term  of 
the  court.     If  the  guardian  fails  or  refuses  to  appear  as  cited,  the 
court  may  proceed  ex  j>a /•/<-. 
Aiinetance       §1791.  The  guardiaii  shall,  in  like  manner,  be  allowed  to  cite 
dian.^  ^'""    his  ward,  or  a  new  guardian  to  a})pear  and  l)e  jiresent  at   a  set- 
tlement of  his  account. 
Duty  of  the      ^1792.  Fpou  the  return  of  such  citation,  the  court  shall  pro- 
ceed to  examine  all  the  returns  and  accounts  of  such   guardian; 
to  hear  all  evidence  which  may  be  produced   by  either  party;, 
and  to  make  a  full,  fair  and  linal  settlement  between  such  guar- 
dian and  his  ward,  making  a  full  record  of  such  final  settlement. 
Continuance      §1793.  The  court  may  all(»w  sucli  Continuances  as  the  princi- 
ples of  justice  I'equire. 
Proceedings.      §1794.  Sucli  Other  })roceedings  may  l)e  had  in  the  case  as  are 

usual  in  other  causes  in  said  court. 
Powerofor-      §1795.  It  shall  bc  in  the  ]>ower  of  the  Ordinary  to  order  any 
d"»ary.        property  in  the  hands  of  the  guardian  to  be  delivered  to  the  ward 
or  the  new  guardian,  and  also  to  issue  an  execution  for  any  bal- 
ance of  monev  found  due  bv  the  jiuardian  to  the  ward.     If  the 
ward  does  not  appear,  the  court  may  pass  an  order  stating  the 
balance  found  due  from  the  guardian,  which  balance  shall  not 
bear  interest  from  that  date  until  demanded  by   the   ward   or 
new  guardian. 
Enforce-  §1796.  If  the  guardian   shall  fail  or  refuse  to  deliver  to  the 

cision."    *'  ward  the  property  in  his  hands,  ordered  to  be  delivered  by  the 
court,  the  Ordinary  shall  have  power  to  attach  him  for  contempt, 


PT.  2.— TIT.  2.— CHAP.  3.— ART.  1.— Domkstic  Relations.  357 

Section  3. — Settlement  of  Guardians.  Ac. 


and  imprifion  liirn  in  the  common  jail  until  he  sliall  comply  with 
such  order,  such  ]>roceedini;s  to  be  liad  in  tlie  issuing  of  such  at- 
tacliment  as  are  usual  in  courts  St  equity. 

§1797.  Any  guardian,   by  having  his  tinal   receipt  from  his  Fipai  re- 
ward attested  by  a  Judire,  Justice  of  the  Peace,  or  Notary  Puh-*'^'''"" 
lie,  may  cause  Vhe  same  to  be  recorded  by  the  Clerk  of  the  Suj>e- 
rior  Court  of  the  county  of  his  residence,  and  the  original,  or  a 
copy  thereof,  shall  be  admitted  in  evidence,  on  the  same  terms  as 
registered  deeds. 

§1798.  Xo  final   settlement  made  between  the  guardian  and  Kight  of 

*-  .   -I   .        ,  1  A.         ward  to  re- 

ward shall  bar  the  ward,  at  anv  time  within  tour  vears  thereatter,  "pen  nettie- 

.     ■  ment. 

from  calling  the  iruardian  to  a  settlement  of  his  accounts,  unless 
it  is  made  to  appear  that  the  same  was  made  after  a  full  exhibit 
of  all  the  guardian's  accounts.  an<l  with  a  full  kiuAvledge  by  the 
ward  «»f  his  legal  rights. 

§17l*l'.   Anv  Ljnardian  who.  from    arje,  intirmitv,  removal  from  Reoicnation 

'"  ■     '  '  .'  ,  .  of  guardian. 

the  county,  or  for  any  <tther  cause,  desires  to  resign  his  trust  as 
fiuch.  may  apply  to  the  ( )rdinarv  having  jurisdiction  of  the  trust, 
setting  forth  the  reasons  therefor,  and  also  the  name  of  some 
suitable  person  willing  to  accept  the  trust,  whereupon  the  Ordi- 
nary shall  cite  such  person,  and  also  the  nearest  of  kin  of  such 
ward,  to  appear  at  the  next  term  of  said  court,  and  if  the  Ordi- 
nary shall  be  satisfied  that  such  change  of  guardians  will  not  be 
detrimental  to  the  interest  of  the  ward,  and  no  good  cause  is 
shown  against  it,  lie  shall  grant  the  prayer  <»f  the  applicant,  dis- 
'charffinij  him  from  his  trust  on  the  followini;  condition,  viz:  that^ 

•-      "^  -^  1     1 J  Condition. 

he  shall,  forthwith,  deliver  all  property  and  pay  all  money  held 
by  him  as  such  guardian,  upon  a  fair  settlement  of  his  accounts, 
to  his  successor;  and  upon  the  filing  of  the  evidence  of  such  set- 
tlement, and  the  receipt  in  full  of  his  successor,  the  guardian 
shall  be  discharged  from  his  said  trust.  The  ward  shall  have  the 
privilege,  within  five  years  after  he  comes  of  age,  to  re-open  such 
settlement  and  call  for  an  account. 

§1800.  Letters  of  dismission  may  be  granted  by  the  Ordinary  betters  of 
to  any  guardian,  upon  his  compliance  M'ith  the  following  pro- '"*™'"'*"^ 
visions: — 

1.  An  application  in  writing,  setting  forth  his  full  discharge  of 
the  duties  of  his  trust. 

2.  An  examination  of  his  accounts  and  vouchers  by  the  Ordi- 
mary,  to  verify  the  truth  of  the  petition. 

8.  The  publication  of  such  application  for  forty  days,  in  the 


358  FT.  2.— TIT.  2.— CHAP.  3.— AET.  1.— DoMES-nc  Relations. 


Section  3. — Settlement  of  Guardians,  &c. 


public  gazette  where  the  legal  notices  of  the  Ordinary's  office- 
are  usually  published. 

4.   The  examination  of  any  objections  tiled,  and  the  proof  t(v 
the  Ordinary  that  the  ward  is  of  age. 

Disposition       §  1801.  If  it  shall  appear  that  such  guardian  has  in  his  hands- 

&Mn"hand.  auv  niouej,  property,  or  eflects  of  his  ward,  the  Ordinary  may- 
cause  the  same,  if  money,  to  be  deposited  in  some  solvept  bank, 
and  if  other  projjerty,  to  be  delivered  to  some  proper  person  to 
be  appointed  by  the  Ordinary,  under  such  restrictions  a&  he  may 
deem  best  for  the  preservation  of  tlie  property,  and  then  grant 
the  letters  dismissory ;  or  the  Ordinary  may,  if  he  sees  proper, 
pass  an  order  requiring  the  guardian  to  retain  the  funds  in  his 
own  hands  at  an  interest  not  exceeding  four  per  cent,  per  annum^ 
his  sureties  being  still  responsible  therefor. 

Ward  dying,     §1802.  AVlieu  a  Ward  shall  die  intestate,  pending  his  minority,. 

^aiuctas  the  guardian  shall  proceed  to  distribute  liis  estate  in  the  same; 

a^minietra-  jj^^uner  as  if  he  had  been  appointed  administrator  upon  such  es- 
tate, and  the  sureties  on  his  bond  shall  be  responsible  for  his. 
faithful  administration  and  distribution  of  such  estate. 


ARTICLE  II. 

GUARDIANS  OF  LUNATICS  AND  IDIOTS  AND  PERSONS  NON  COMPOS- 

MENTIS. 

Sectio.v.  ISectios. 

1803.  Guardian — for  whom  appointed,  i  1812.  Issue — how  made  and  tried. 

1804.  Oath  and  bond.    Powens,  &c.  j  1813.  Other  provisions  as  gen'l  guardian. 

1805.  Wife  maj'  be  puardian.  I  181-1.  Confining  ward. 

1806.  Proceeding- to  obtain  commission.  1815.  Proceedings  to  c-oniino  him,  &c. 

1807.  Return  and  appointment.  !  1816.  Insane  slave  or  free  per.son  of  color- 

1808.  Appeal.  |  1817.  Proceedings  by  third  person,  &c. 

1809.  Second  application.  I  1818.  Duty  and  power  of  the  court. 

1810.  Witnesses.  '  1819.  Jail  fees — how  collected. 

1811.  Proceedings  to  end  a  c-ommission.  '  1820.  Costs. 

§  lh03.  The  Ordinaries  of  the  several  counties  of  this  tState- 

ma^y**^" V  "^^J  appoint  guardians  for  the  following  persons,  viz :    Idiots,. 

pointed.       lunatics  and  insane  persons,  and  deaf  and  dumb  persons  when 

incapable  of    managing  their  estates,   habitual  drunkards,  and 

persons  imbecile  from  old  age  or  other  cause,  and  incapable  of 

managing  their  estates. 

§  180-i.  Guardians  so  appointed  shall  take  the  same  oath  and 
give  a  like  bond  with  guardians  of  minors,  and  their  powers,. 


I'or  -whom 


FT.  2.— TIT.  1'.— CHAP.  3.— Domestic,  KfciLATioNS.  85^ 


Article  2. — Q-uwdians  of  Lunaticfi,  Idiots,  Ac 


duties,  and  liabilities,  shall  be  the  same  and  be  exercised  under  oath  and 

'  '  Bond,  Pcw- 

the  same  rules  and  regulations.  •.'•s  and  Du- 

§  1805.  Tlie  wile  shall,  in  all  fa.<es,  be  entitled  to  the  prefer- ^5,,,^^^,^^ 
ence  to  the  appointment  as  guardian,  and  her  bond  and  all  acts '-'"'"^"'"• 
aa  guardian   >liall  be  held  and   construed  as  if  slie  M'cre  a  f(  ?m 
Kole. 

§1806.  U]iun  the  petition  of  any  ]»er8on  on  oath,  setting  forth ivoceeding* 
that  another  is  liable  to  have  a  guardian  appointed  under  the  rommiooion. 
provisions  of  this  Article,  the  Ordinary,  upon  ]iroof  that  ten 
days'  notice  of  such  application  has  been  given  to  the  three  near- 
est adult  relatives  of  such  person,  or  that  there  is  no  such  rela- 
tive within  this  State,  shall  issue  a  commission  directed  to  any 
eighteen  discreet  and  proper  persons,  one  of  whom  shall  be  a 
physician,  requiring  any  twelve  of  them,  including  the  physi- 
cian, to  examine  by  inspection  the  ]»erson  for  whom  guardian- 
ship is  sought,  and  to  hear  and  examine  witnesses,  on  oath  if 
necessary,  as  to  his  condition  and  capacity  to  manage  his  estate, 
and  to  make  return  of  such  examination  and  inijuirv  to  the  said 
Ordinary,  specifying  in  such  return  under  which  of  said  clavsses 
they  find  the  said  person  to  come.  Such  commissionei's  shall  firet 
be  sworn  by  a  Justice  of  the  Peace  "well  and  truly  to  execute 
the  said  conunission  to  the  best  of  their  skill  and  aliility."  which 
oath  shall  be  returned  with  their  verdict. 

§1807.   rpon  such  return  finding  the  person  to  be  as  alleged  Ketum  and 
in  the  petition,  or  within  either  of  said  classes,  the  Ordinary  shall  '''f'*""*™®"^ 
appoint  a  guardian  for  him. 

§1808.  The  api)licants  for  a  commission,  or  the  })erson  for  Appeal. 
whom  the  guardianship  is  sought,  or  any  friend  or  relative  for 
him  dissatisfied  with  the  return  of  the  committee,  may  upon 
paying  all  costs  and  giving  bond  and  security  for  all  future  costs 
and  damages,  within  four  days  after  the  report  has  l)een  acted 
on  by  the  Ordinary  enter  an  appeal  to  the  Superior  Court  of  the 
county  where  the  issue  >liall  be  submitted  to  a  special  jury, 
selected  as  in  other  cases;  luit  the  guardian  appointed  by  the ouardiaa «</ 
( )rdinary  shall  act  as  such  })ending  the  litigation. 

§1809.  When    one    application  for  guardianshi])    mider   this  second  ap- 
article  has  failed  upon  the  merits,  the  Ordinary  shall  not  issue  a  ^  ""'"""" 
second  commission,  unless  the  petition  is  verified   bv  at  least 
three  respectable  disinterested  neighbors,  in  addition  to  the  oath  ' 
«.>f  the  applicant. 

J;  1810.   The  Ordinary    may  issue  subpoenas  for  witnesses  to 


360  PT.  2.— TIT.  2.— CHAP.  3.— Domestic  Kelations. 

Article  2. — Guardians  of  Lunatics,  Idiots,  &c. 

Witnesses,   appear  before  the  commission  thus  appointed,  and  on  their  fail- 
ure to  appear  the  Ordinary  may  take  the  same  steps  to  compel 
attendance  as  if  the  proceeding  was  before  his  court. 
Proceedings      §1811.  Any  pcrsou,  for  whom  a  guardian  is  appointed  under 
commission,  tliis  article,  upou  restoration  to  sanity  and  capacity,  may  person- 
ally, or  by  attorney,  petition  the  Ordinary,  setting  forth  the  fact 
and  ] (raying  the  revocation  of  such  guardianship.     Upon  such 
petition  tlie  Ordinary  may  examine  into  the  truth  tliereof,  and  if 
satisfied  of  its  truth,  and  the  guardian   consenting  thereto,  the 
Ordinary  shall  grant  the  prayer  and  order  the  guardian  fortliwith 
to  deliver  over  to  such  person  his  j)r()perty,  money  and  eifects. 
Issue— how       §1812.  If  the  Ordinary  is  iu)t  satisfied  as  to  the  truth  of  the 
tri'ed!'""'     petition,  or  tlie  guardian,  or  any  relative  of  the  applicant  objects 
to  the  revocation  of  the  letters,  the  Ordinary  shall  require  the 
Sheriff  to  summon  eighteen  men,  competent  to  serve  as  jurors,  to 
appear  before  said  Ordinary  on  a  day  specified,  any  twelve  of 
whom   l)eing  duly  sworn,  shall  constitute  a  jury  l^efore  whom 
shall  be  tried  the  issue  as  to  the  truth  of  the  application,  upon  a 
verdict  affirming  its  truth  the  Ordinary  shall  grant  the  prayer 
and  order  above  specified. 

other  pro-        §1813.  All  the  provisions  made  in  this  Code  as  to  the  settle- 
visions  same  .         x'  t  i-        •  ^     •  •  •  i    ^  ^  x-    i  • 

as  general     meiits  ot  guardiaus  of  minors,  tneir  resignation,  letters  of  dis- 
mission, and  distril)ution  of  tlie  estate  of  deceased  wards,  shall 
apply  to  guardians  appointed  under  this  article. 
Confining         §1814.  Guardiaus  of  insane  }»ersons  are  authorized  to  confine 
'^"^"  them,  or  place  them  in  the  asylum,  if  such  a  course  is  necessary 

either  for  their  own  protection  or  the  safety  of  others;  and  a 
guardian  wilfully  failing  to  take  such  precaution  with  his  ward 
shall  be  responsible  for  injuries  inflicted  on  others  by  such  ward. 
Proceedings  §1815.  Where  tlicrc  is  no  guardian  for  an  insane  person,  or 
wmTt'\n^-  the  guardian  on  notice  refuses  or  fails  to  confine  his  ward,  and  any 
thirdper-  persoH  apprehends  an  injury  to  himself  or  his  property  from  such 
insane  person,  on  complaint  on  oath  to  any  one  of  the  Justices  of 
the  Inferior  Court  of  the  county,  a  warrant  shall  issue,  as  in 
criminal  cases,  for  the  arrest  of  such  insane  person,  to  bring  him 
before  the  Inferior  Court  on  a  day  specified  ;  and  said  court  upon 
an  investigation  of  the  facts  may  either  commit  such  person  to 
the  lunatic  asylum  under  the  regulations  specified  therefor,  or 
commit  him  to  the  common  jail  or  accept  of  a  bond  from  his 
friends  for  his  good  behavior,  according  to  their  discretion.  In 
all  such  cases  the  expenses  of  such  confinement  shall  be  paid  by 


SODS. 


PT.  2.— TIT.  2.— CHAP.  3.— Domestic  Relations.  361 


Article  2. — Guardians  of  Lunatics.  Idiots,  Ac. 


the  estate  of  such  insane  person,  if  any,  and  if  not,  out  of  the  costs, 
county  funds, 

§  181<i.  If  a  slave  or  free  person  of  color  l>e  insane,  it  shall  be  insane  suve 

^  ^  ^  ,  -  or  free  per- 

the  duty  of  the  owner,  or  guardian,  to  take  care  of  and  confine  •<'"»' c<»i«>r. 
him,  if  necessary;  and  such  owner,  or  irnardian,  shall  l>o  res]X)n- 
.sible  for  any  injury  accruing  to  third  persons  from  such  insane 
slave  or  free  })erson  of  color,  in  all  cases  where  the  owner  or 
guardian  lias  wilfully  neglected  or  fallen  to  take  the  proper  stei>s 
tor  cojilining  him. 

§1817.  Upon  complaint  on  oath  of  any  person  to  a  Justice  ofproceedinps 
the  Inferior  Court  that  such  slave  or  free  person  of  color  is  run- sons 'for Ear- 
ning at  large,  and  is  a  public  nuisance,  or  dangerous  to  the  pub- 
lic, he  shall  issue  a  warrant  returnable  before  the  Justices  of  said 
court  on  a  day  s]>ecitied,  for  the  arrest  (»f  such  slave  or  free  per- 
son of  color,  and  at  the  same  time  require  the  officer  arresting  to 
give  at  least  five  «lays'  notice  of  the  time  for  the  investigation  of 
the  matter  to  the  master  or  guardian,  if  he  resides  in  the  county. 

§1>»1><,  At  the  time  speciiied  the  Justices  of  the  Inferior  Court  p„t,.an,i 
shall  examine  into  the  facts,  and  in  their  discretion  may  commit  ^o^rt,'^"'^^'^ 
the  alleged  insane  person  to  the  common  jail  of  the  county,  or 
take  bond  from  the  owner  or  guardian,  with  security,  in  the  sum 
of  live  hundred   dollars,  conditioned  for  the  keeping  of  such  p„n,j 
insane  ])erson  in  close  and  safe  custody.     On  breach  of  such  Iwnd 
lit  shall  be  forfeited,  and  recovery  had  by  scire  facias  and  judg- 
ment in  the  Inferior  Court. 

§  isr^).  If  committed  to  jail  the  sum  of  ten  dollars  per  month  j^j,  f^ps_ 
shall  be  allowed  to  the  jailor  for  keeping  such  insane  person,  and  J'^cTed?'' 
.^t  the  end  of  each  month  the  said  court,  on  the  application  of 
the  jailor,  under  oath,  may  issue  a.Ji.  fa.  against  the  owner  or  guar- 
<iian  for  all  arrearages  for  said  dieting. 

§1820.  The  costs  of  the  entire  proceeding,  if  sustained,  shall  ,.„gtg 
be  paid  by  the  owner  or  guardian,  if  the  free  person  of  color  has 
property  and  the  court  may  order  a  Ji.  fa.  to  issue  for  the  same. 
J^i.fas.  against  the  guardian  under  this  law  shall  be  levied  only  collection. 
on  the  property  of  the  free  person  of  color,  and  on  the  return  of 
no  property  on  &nvji.  fa.,  either  for  costs  or  dieting,  against  the 
OM-ner  or  guardian,  the  amount  of  the  same  shall  be  paid  out  of 
Tth^  funds  of  the  count  v. 


^Hitjm'  ♦    *•  w*^.>»^t* -Mt   -•^i-«rj  ri* 


^^v 


PT.  2.— TIT.  2.— CHAF.  3.— Domestic  Relations. 


Article  3. — Guardians  of  Free  Persons  of  Color. 


ARTICLE  HI. 


CrUARPIANS  OF  FREK  PFRSOXS  OF  COLOR. 


yKCTKJ.V. 

1821.  How  Jippointed. 

1822.  Choice  of  ward  over  fourteen. 

1823.  Guardians  of  those  under  fourteen. 

1824.  Binding  out  wards. 

1825.  Revoked  l)y  ill-treatment. 
182G.  Powers  and  duties. 
1827.  Credit  to  ward. 


blX'TIOX. 

1828.  .lud^iineuts  .*.  jjuardiau.-. 

1829.  ifay  hold  any  property  hut  slaves. 
]8;?0.  Laud.s — how  sold. 

I    18;{1.  May  make  a  will. 
18:52.  Removal  of  guardian 
1S:!H.  Commis.«ions. 


How  an- 
poiaU'U. 


C'ho)o<'  of 
ward  over 
fourtacD. 


Guardians 
of  thoB<4  an 
Ucr  fourteen 


Binding  oul 
wards. 


Revoked  for 
lU-ln-af- 


J^1821.  Guardians  of  free  persons  of  color  shall  l)e  appointed 
by  the  Ordinary  at  any  regular  term  of  his  court,  uj)ou  the 
written  a]>plication  of  any  such  person  of  color  residiui;  in  the 
county. 

§1822.  The  choice  of  the  ap]»]icant,  if  over  fourteen  years  of 
age,  shall  control  the  appointment;  J*rov'ided,  the  written  con- 
sent of  such  person  to  such  a})pointment  be  liled,  and  the  court 
is  satisfied  that  such  a])})oiiitinent  is  judicious  ft»r  the  ward  and 
the  public. 

§1823.  Free  persons  of  color  under  fourteen  yeai-h  ol'  age  shall 
be  held  and  considered  the  wartls  of  the  giuirdian  of  their 
mother,  until  for  good  cause  shown  by  any  }>erson,  the  ( )rdinary 
shall  see  pro}>er  to  appoint  another  guaidian  for  them,  and  such 
guardianship  shall  continue  after  their  arrival  at  that  age.  until 
another  is  ap]>ointod  for  them. 

§  1824.  The  Ordinary  shall  have  power  in  his  discretion  to 
bind  out  to  some  fit  and  proper  person,  all  free  persons  of  r.olor 
between  the  ages  of  five  and  twenty-one  years,  if  it  shall  appear 
to  him  upon  investigation,  and  after  notice  to  the  guardian,  if 
any,  that  such  persons  are  not  being  raised  in  a  proper  manner.  In 
all  such  cases  the  court  shall  require  bond  with  ample  security  from 
the  person  to  whom  such  person  of  color  is  bound,  conditioned 
for  the  maintenance  and  protection  and  good  treatment  of  tuch 
person,  and  that  he  will  not  remove  him  to  reside  out  of  the 
county,  and  to  discharge  him  from  his  service  at  the  age  of  twenty- 
one  years. 

§  1825.  Upon  complaint  made  by  such  indented  servant,  or  any 
one  in  his  behalf,  the  court  may  at  any  time,  for  a  breach  of  said 

As  to  registry  of  free  i)ersons  of  color,  see  Part  2,  Title  1.  Chapter  1,  Art.  ::. 
As  to  insane  free  persons  of  color,  see  Part  2.  Title  2.  Chapter  3.  Art.  2. 


PI.  ^— 3JiT.  2.— CHAP.  3.— Domestic  Rblatiojw.  363- 


Article  3. — Guafdmns  ef  Free  Persons  of  Color. 


wpr  and 

flnliod. 


bond,  revoke  tlie  order,  aud  contract  and  lund  the  said  person  of 
•x>lor  to  ^<»Illc  otlier  person. 

^1826.  Guardianb  of  free  persons  of  color,  as  l(»  the  manage- r 
ment  of  their  persoii.>  or  estates,  are  vested  witli  all  the  powers '"' 
and  authority,  aii<l  are  subject  to  tlie  same  liabilities  with  guar- 
dians of  minors.     They  shall  make  returns  as  other  guardians  f'fi'tracts. 
and  be  subject  to  the  same  regulations.     Through  his  guardian 
the  free  person  of  color  must  contract  and  l>e  contracted  with, 
sue  and  be  sued. 

§1827.  Credit  sliall  not  be  given  to  any  free  person  of  color,  crodu u. 
except  upon  the  written  order  of  tlie  guardian,  or  unless  subse- '''^'^' 
quently  ratified  by  him. 

§1828.  Judgments  against  guardians  of  free  persons  of  color.  Judgments 
as  such,  shall  bind  only  the  property  of  the  ward,  and  upon  a  j-e- '*■  - ""''"^ 
turn  of  '^  no  property,"  the  Ordinary  may  bind  out  such  ward  on  wnTj^rld. 
such  terms  as  he  may  think  proper  to  pay  the  said  debt. 

§  1829.  Fi-ec  persons  of  color,  through  their  guardians,  may  ac-  May  hold 
quire  and  hold  real  estate  and  personalty  (except  slaves,)  in  thisbuLTaT^^ 
State.     Any  attempt  directly  or  indirectly  by  trust  or  otherwise 
to  secure  the  legal,  equitable  or  any  beneticial  interest  in  slaves 
to  a  free  person  of  color,  shall  be  void,  and  the  whole  title  to  such 
slave  shall  be  forfeited  to  the  State,  to  be  reco\  ered  by  the  es- 
cheator  of  the  county,  one-half  to  the  informer,  and  the  other  to  "i-^-^^-"^  °' 
tlie  Educational  Fund  of  the  countv. 

§1830.  Guardians  of  free  persons  of  color  shall  convey  theLand<^b«w 
real  estate  of  their  wards  only  under  an  order  of  the  Ordinary  of  *"'''• 
the  county,  to  be  granted  under  the  same  regulations  as  for  the 
sale  of  real  estate  of  minors,  and  the  proceeds  to  be  invested 
under  the  order  of  said  court. 

§  1831.  Free  persons  of  color  shall  have  the  privilege  of  dis-M„y™ake  a 
posing  by  will,  written  or  parol,  of  such  property  as  they  may  ""'"- 
have  at  their  death.     If  they  die  intestate,  the  guardian  shall 
distribute  the  same  to  their  lineal  descendants,  giving  the  reput- 
ed wife  a  child's  part.     If  no  wife  or  lineal  descendant,  then  to^^. 
the  brothers  and  sisters  of  the  intestate.     If  no  brothers  and  sis- "^ *8^t*-^"" 
ters,  then  to  be  escheated  and  paid  to  the  county  for  educational 
purposes. 

§1832.  The  Ordinary  may,  at  his  discretion,  at  any  time,  re-Kemoyaiof 
move  a  guardian  of  a  free  person  of  color  at  the  request  of  such  ^""'"'"'°- 
free  person  of  color,  and  may  demand  a  bond  and  security  for  Bond. 


su 


'Commis- 
sions. 


PT.  2.— TIT.  2.— CHAP.  3.— Domestic  Relations. 


Article  3. — Guardians  of  Free  Persona  of  Color. 


fidelity  in  the  trust,  either  on  appointment  or  at  any  subsequent 
time. 

§  1S33.  Suc'li  jjuardians  shall  receive  for  their  services  the  same 


compensation  as  guardians  of  minors. 


ARTICLE  IV. 


FOREIGN  GUARDIANS. 


Forelprn 
ffiiardian 
may  recOTer 
jiroperty, 

•Ac. 


Bond. 


SExemplifica- 
Ttion. 


2fotlcc. 


Order  of 

•<'>rdinary. 


•Objections. 


Discretion 
•of  Ordinary. 


Section'.  Skctiox. 

1834.  Foreign  guardian  may  recover,  &c. '   183'7.  Receipt. 

1835.  Order  of  Ordinary.  1838.   Kuforcinp:  order. 

1836.  Discretion  of  Ordinary.  |   1830.  Removal  of  guardian  and  ward,  &c. 

§  1  !^34.  When  a  minor,  idiot,  lunatic  or  insane  person  resides 
in  another  State  and  by  any  reason  is  entitled  to  property  in  the 
hands  of  any  executor,  administrator,  trustee  or  guardian  within 
tliis  State,  and  there  is  no  sufficient  reason  why  such  property 
should  not  be  transferred  to  a  guardian  appointed  under  the  laws 
of  such  other  State,  the  same  mav  be  done  in  tlie  following 
manner : 

1.  The  foreign  guardian  shall  give  bond  with  good  security  to 
the  proper  authority  in  his  own  State  for  the  faithful  execution 
of  such  guardianship,  in  double  the  amount  vf  the  value  of  the 
property  in  this  State,  over  and  above  the  sum  in  which  he  may 
be  bound  for  the  guardianshi])  of  jiroperty  then  in  tliat  State. 

2.  He  shall  produce  to  the  ( )rdinary,  to  wliose  court  such  ex- 
ecutor, administrator,  trustee  or  guardian  is  bound  to  make  re- 
turns, an  exemplification,  authenticated  as  required  by  the  Act 
of  Congress,  showing  that  he  has  complied  with  the  above  condi- 
tion, and  having  also  the  certificate  of  the  proper  officer  as  to  the 
sufficiency  of  the  security  to  his  bond. 

3.  He  shall  give  twenty  days'  notice  to  such  executor,  adminis- 
trator, trustee  or  guardian  of  such  intended  application. 

§  1835,  Upon  compliance  with  these  conditions,  the  Ordinary 
may  order  the  transfer  of  all  of  such  ward's  estate  to  the  foreign 
guardian,  and  may  order  the  sale  of  any  real  estate  if  necessary 
for  settlement  with  such  foreign  guardian.  If  there  exists  any 
reason  why  such  estate  or  any  portion  of  it  should  not  be  remov- 
ed from  this  State,  the  Ordinary  may  hear  any  one  interested  in 
the  question  and  refuse  the  order  in  his  discretion. 

§  1836.  The  exemplification  and  certificate  produced  by  the 
foreign  guardian  shall  not  be  conclusive,  but  the  court  may  hear 


PT.  2.— TIT.  2.— CHAP.  3. — Domestic  Relations.  36$ 


Artide  4. — Foreign  Guardians. 


evidence  as  to  the  fitness  and  competency  of  the  guardian  for  his 
trust  or  tlie  sufficiency  of  liis  security,  or  any  otlier  matter  or 
thing  going  to  show  tlie  impropriety  of  granting  tlie  order  asked 
for,  and  in  liis  discretion  the  Ordinary  may  refuse  such  order. 

§1837.  The  receipt  of  tlie  foreign  guardian  under  sucli  order  jiectipt. 
shall  he  a  siitficient  voucher  for  the  trustee  in  (xeorgia, 

§  1838.  The  coiirt  may  enforce  such  order  in  the  same  manner  j.^^^^^.^^^ 
as  provi<led  in  cases  of  settlements  made  with  guardians,  and  the  °''*^'"'- 
foreign  guardian,  after  such  order,  may  sue  for  the  ])roperty  of  his 
ward  in  the  possession  of  any  person  in  any  court  of  law  or  equity 
in  this  State. 

§  1S39.  If  any  guardian  appt)inte(l  in  thi>  State  shall  desire  t<>  i,^^^^^^,  „f 
remove  to  another  State  and  carry  his  ward  with  him,  before  i*e- f"* j"^" ""'^ 
moving  the  person  or  pro]>erty  of  his  ward,  he  shall,  in  the  })roper 
court  of  his  intended  domicil,  first  comply  with  all  the  conditions 
re(iuired  in  the  preceding  sections  of  a  foreign  guardian,  and  ob- 
tain the  (irder  of  the  Ordinary  consenting  to  such  removal. 


CHAPTER  IV. 

MASTER  ANP  SKRVAXT. 

Artklk  1.  Indented  servants  and  apprentices. 
Article  2.  Laborers  in  factories. 


ARTICLE  I. 

INDKNTKK  SKRVANTS  AND  APrREXTKKS. 

Section.  Section. 

1840.  Indenture  of  service.  I  1844.  Power  of  master. 

1841.  Right  of  master.  '   1845.  Proceedings  against  inasiter. 

1842.  Right  of  servant.  1846.  Action  by  master. 

1843.  Binding  apprentice. 

§  1840.  Any  person  of  full  age  may  bind  himself  for  a  valua-  indenture 
ble  consideration  to  any  citizen  of  this  State  for  a  limited  num-  *^'^i<^«- 
Iter  of  years,  not  exceeding  five;  Provided,,  the  contract  is  in 
writing,  acknowledged  before  the  Inferior  Court  of  the  county 
in  open  court,  and  by  them  t»rdered  to  be  recorded. 

§1841.  The  master  shall  be  entitled  to  his  reasonable  labor  Rig^t  of 
under  his  direction,  and  shall  have  a  right  of  action  against  any™''*"'''' 
other  person  who  with  notice  shall  employ  such  servant.     If  the 


^B€ 


PT.  2.— TIT.  2.— CHAP,  i.— Domestic  RklatiK^s 


Article  1 . — Indented  Servants  and  Apprentices. 


Oamages. 


Rights  of 
servantR. 


Binding  :ip- 
prontiw. 


Power  ol' 
master. 


Procoedingi 

against 

master. 


Action  hj 
imsster. 


indented  servant  shall  have  been  imported  by  the  master,  he  shall 
recover  damages  at  least  eqnal  to  donble  the  amonnt  per  month 
for  \vhi<'li  snch  indented  person  contracted  to  serve. 

§1842,  Such  indented  person  is  entitled  to  maintenance,  pro- 
tection and  hnmane  treatment,  and  npon  proof  to  the  conrt  be- 
fore whom  the  contract  was  acknowledged  that  he  is  denied  either 
of  them,  or  the  consideration  of  his  indenture,  the  conrt  shall 
pass  an  oi-der  declaring  the  indenture  revoked  and  annulled. 

§  1 84-8.  Any  father,  or  mother  if  tlie  father  be  dead,  or  the  child 
be  illegitimate,  may,  by  %vritten  contract,  bind  his  or  her  minor 
child  tu  a  citizen  of  this  State  a.-  an  apprentice  for  a  limited  num- 
ber of  years,  or  until  an-ival  at  twenty-one  years  of  age,  which 
contract  sliall  be  witnessed  as  deeds  to  land,  and  shall  be  recorded 
in  the  same  office  in  the  county  of  the  residence  of  the  master. 

§  1844.  The  master  of  an  apprentice  may  use  the  same  amount 
of  force  to  compel  the  obedience  of  his  apprentice,  which  a  father 
may  use  with  his  child,  and  shall  be  bound  to  furnish  to  him 
maintenance,  protection  and  education  in  the  art  or  trade  for 
which  he  is  bound,  and  at  all  times  to  extend  to  him  humane 
treatment,  and  not  to  remove  him  ])eyond  the  limits  of  this  State 
without  his  consent. 

§  1845.  Upon  complaint  of  an  apprentice,  or  any  one  for  him, 
to  a  Justice  of  the  Inferior  Court  of  the  county,  of  cruel  treat- 
ment, or  criminal  neglect  by  the  master,  the  Justice  shall  cause 
the  master  to  be  cited  to  appear  at  the  next  regular  term  of  the 
said  court,  when  the  same  shall  be  investigated  by  the  court,  and 
if  a  majority  of  the  Justices  present  are  satisfied  of  the  truth  of 
the  charge,  they  shall  discharge  the  apprentice  from  all  obliga- 
tions to  the  master. 

§  1846,  The  master  shall  have  a  right  of  action  against  any 
person  who  shall  employ  such  apprentice  M'ith  notice  of  the  fact, 
and  the  damages  recovered  in  such  action  shall  in  no  case  1)€  less 
than  twenty-five  dollars. 


ARTICLE  II. 

LABORERS  IN  FACTORIES. 


Section. 
1847.  Hours  of  labor. 


I  Section. 

1   18-48.  Corporal  punishment. 


Boors  of  la- 
ibor. 


§1847.  The  hours  for  labor  by  all  white  persons  under  twenty- 
one  years  of  age,  in  all  cotton,  woollen  or  other  manufacturing 


PT.  2.— TIT.  2.— CHAP.  4.— D.MKMio  Relations.  367 

Article  2. — Laborers  in  J-'aotorieB. 


establisliments  or  machine  shops  in  tin's  State,  shall  be  from  sun- 
rise until  sunset,  the  usual  and  customary  time  fur  meals  bein^ 
allowed  from  the  same ;  and  any  contract  made  -with  such  per- contract  for 

.  .  ,  111  i-  more  void 

sons  or  then-  parents,  tjuardians  or  others,  wlierebv  a  iona:er  time 
for  labor  is  agreed  upon  or  provided  for,  shall  be  null  and  void, 
so  far  as  relates  to  the  enforcement  of  said  contracts  against  such 
laborers. 

^1848.  ^'o  ho^.s  or  other  ^uJ»erior  in  such  establishments  shalhv.ri>orai 

1.  1.1  I'll  1    xi      I'tinlshmcnt. 

mtlict  corporal  punishment  upon  such  minor  laborers ;  and  tlie 
owner  of  such  factory  or  machine  shop  shall  be  directly  liable  for 
all  such  conduct  on  the  part  of  their  employees  ;  such  minor  may 
sue  in  his  own  name  for  damages  for  such  conduct,  and  the  re- 
covery shall  be  his  own  property,  and  not  belong  to  his  parents. 


CHAPTER  \  . 

OF  MASTER   AXD  SLAVK. 

Akticle  1.  Of  the  relative  duties  of  master  and  slave. 
Article  2.  Of  the  rights  and  liabilities  of  the  master,  iVrc 
Article  3.  Of  manumission. 
Ajbticle  4.  Of  fiiojitive  or  runaway  slaves. 


ARTICLE  1. 

OF  THK  RELATIVE  DUTIES  OF  MASTER  AND  SLAVE. 


Section. 
1849.  Rialit  and  power  nf  inaHter. 


Sbctiox. 
1855.  Unlawful  privilegres  to  slaves. 


1850.  Cruel  treatment.  1856.  Unlawful  traffic. 

1851.  Duty  of  master.  1857.  Flmplovment  in  drug  store. 

1852.  Slaves  neglected  by  owners.  |  1858.  Mutual  protection. 

1853.  Proceedings  against  overseer.  j   1859.  Disqualification  of  the  master,  &c. 

1854.  Rest  of  Sabbath  day. 

§  1849.  The  master  is  entitled  to  the  time,  labor  and  services  j. 


of  the  slave,  and  to  a  prompt  obedience  to  all  his  lawful  coin-^^J*^ 


ight  and 
erof 


stor. 


mands.     The  master  may  enforce  his  rights  by  corporal  punish- 
ment, not  extending  to  life  or  limb  or  cruel  treatment. 

§1850,  Cruel  treatment  may  consist  of  withholding  necessary  cruei  treat- 
food  or  clothing  from  the  slave,  inflicting  cruel  punishment  or 
doing  any  act,  the  necessary  consequence  of  which  is  to  impair 
the  health  or  endanger  the  life  or  limb  of  the  slave. 


368  PT.  2.— TIT.  2.— CHAP.  5.— Domestic  Eelations. 


Article  1. — The  Relative  Duties  of  Master  and  Slave. 


Duty  of  §  1851.  The  master  is  bound  to  treat  his  slave  with  liiimanit}V 

to  furnish  him  a  sufficiency  of  nutritious  and  healthy  food   and 
proper  clothing,  to  provide  him  lodging  and  fuel,  to  furnish  him 
medical  attendance  and  nursing  during  sickness,  and  to  provide- 
for  all  his  necessary  wants  when  infirmity  or  old  age  renders  him 
incapable  of  service. 
Slaves  ne--      §  ^'^^'^-  It  IS  the  duty  of  the  Inferior  Court  in  every  county  on 
l)wnm7     receiving  information,  on  oath,  that  any  inlirm  slave  is  sujffering- 
from  tlie  neglect  of  the  owner,  to  investigate  as  to  the  fact,  and 
render  such  relief  to  sucli  slave  as  his  condition  may  require. 
Proceedings     §  1<S53.  Tlic  Said  court  shall  cite  the  owner  or  overseer  of  such^ 
er.'""**  "'^"' slave,  if  resident  in  the  county,  to  show  cause  why  Siji.fa.  should 
not  issue  against  him  for  the  amount  so  expended  by  the  court 
from  the  county  funds,  and  if  no  sufficient  cause  is  shown,  may 
cause  the  same  to  be  issued.     If  the  owner  or  overseer  does  not 
reside  in  the  county,  tlie  said  court  may  sue  for  and  recover  the 
amount  so  expended  in  any  court  having  jurisdiction. 
Kestofsab-      §185-1.  The  Lord's  day — called   Sunday — is  a  day  of  rest  of 
Divine  appointment.     Xo  master  or  liirer  shall  emj)loy  any  slave 
in  any  M'ork  or  labor  on  that  day — work  of  absolute  necessity 
and  the  necessary  occasions  of  the  family  only  excepted.     Any 
master,  overseer,  or  employer,  violating  this  provision   of  this 
Code,  shall  forfeit  for   each  violation  the  sum  of  one  hundred 
dollars,  to  be  recovered  in  the  name  of  the  Inferior  Court — one- 
half  to  be  paid  to  the  informer,  and  the  other  half  to  the  Educa- 
tional Fund  of  the  county, 
rniawfui         §  1855.  The  owner  should  kee})  his  slave  on  his  own  premises, 
Tiaves!^*^*  '  or  within  his  control.     He  must  not  permit  him  to  labor  or  trans- 
act business  for  himself,  except  during  holidays,  or  upon  his  own 
premises.     Xor  shall  any  slave  be  permitted  to  hire  or  rent  any 
house,  room,  store  or  land,  on  his  own  account  or  that  of  another- 
slave. 
rniawfui  §  1^56.  Slaves  shall  not  be  permitted  to  traffic  on  their  owm 

TratHc.  accouut,  cxccpt  iu  articles  of  their  own  manufacture,  or  agricul- 
tural products  of  their  own  raising,  or  poultry  raised  by  their 
master's  permission,  or  articles  of  the  like  charac*ter  usually  per- 
mitted to  slaves.     And  even  in  these  articles  a  traffic  by  and  with. 

For  patrol  and  police  rejrulations,  see  Part  1.  Title  15,  Chapter  o.  Article  1.  As  to- 
who  are  slaves,  see  Part  2,  Title  1,  Chapter  1.  .\rticle  3.  As  to  liiriiig  of  slave.  see- 
Bailments. 


I>T.  2.— TIT.  2.— CHAP.  :».— Domestic  Relations.  369 

Artide  1. — Tlie  RelatiTe  Duties  of  Master  and  Slave. 


the  slave  is  prohibited,  except  by  tlie  written  permission  of  the 
master  specifying  tlie  particular  articles  to  be  sold. 

§  1S5T.  Slaves  shall  not  be  employed  in  any  apothecary  shop  E„,j,]„y. 
or  drug  store  in  ])utting  up  or  dispensing,  purchasing  or  selling  "rn2*gt"ore. 
medicines  of  any  description,  nor  wliere  they  can.  l)y  reason  of 
their  employment,   have  access  unaccom])anic(l  by  a  white  per- 
son, to  poisonous  drugs.     For  every  violation  of  tliis  clause,  the 
master  allowing  it,  and  the  employer  consenting  to  it.  shall  for- 
feit the  sum  of  one  hundred  dollars,  to  be  recovered  and  }»aid —  *"    '' 
owe  half  to  the  informer  and  the  other  half  to  the  Educational 
Fund  of  the  county. 

§1858.  The  relation  of  master  and  slave,  in  an  especial  man- Mutual  pro- 
ner  and  to  the  fullest  extent,  authorizes  and  justifies  the  mutual  "'''*"'"• 
protection  of  each  other. 

§185i».  A  master  convicted  twice,  criminally,  of  cruel  treat- Bisquaiiflc- 
meut  to  his  slave,  shall  on  the  second  conviction  be  declared  by  UT^ona™""' 
the  Superior  Court  incapable  of  holding  title  to  slave  property  crucureat- 
within  this  State.     And  the  same  court  shall  ajipoint  a  receiver ""*'°*' 
to  take  i)ossession  of,  and  sell  under  its  order,  all  the  slaves  then 
belonging  to  such  master,  for  his  benefit.     Any  conveyance  of 
slave  property  thereafter  to  such  person  shall  be  null  and  void, 
except  so  far  as  to  convey  the  title  to  the  informer,  who  may  sue 
for  and  recover  the  same. 


article:  II. 

OF   THE    UICHTS    AND    LIABILITIES   OF   THE   MASTER   AS   TO   THIRD 

PERSONS. 


1867.  White  persons  on  plantation. 

1868.  Druggist  selling  poison  to  slaves. 

1869.  Selling  liquor  to  slave. 

1870.  Master  furnishing  poison,  &c. 

1871.  Keeping  fire-arms. 


Section-.  Sectiox. 

1860.  Liability  tor  act  of  slave. 

1861.  Slave — when  his  agent. 

1862.  Presumption  of  command. 

1863.  Liability  for  trespass  <t  negligence, 

1864.  Interference  of  third  persons. 

1865.  Harboring  a  runaway.  1S72.  Master  conceahno-  &c. 

1866.  Nece.ssarie.s,  Ac.  187;!.  Furnisliing  free  pa.ss  to  slave. 

§lS(iO.  Masters  are  bound  by  all  the  acts  of  their  slaves  done  Ljabiii 
by  their  command,  and  also  by  their  transactions  and  dealino-s  jn"*^'^"^*'*^^*- 
respect  to  the  business  in  which  they  are  employed,  and  also  bv 
all  transactions  which  by  receiving  the  profits  tlie  master  has 
tacitly  ratified. 
24 


370  PT.  2.— TIT.  2.— CHAP.  5.— Domestic  Delations. 

Article  2. — Rights  and  Liabilities  of  Master  as  to  third  Persons. 
Slave—  8 1861.  The  master  may  constitute  his  slave  liis  ao-ent,  and  in 

when  his  ^,  .      ^  i  ,        i  .  ..  i  » 

agent.  such  case  IS  bound  bv  his  acts,  as  ot  any  other  agent.  A  pre- 
sumption of  agency  arises  in  all  matters  where  tlie  al&xe  has 
acted  without  complaint  by  the  master. 

Presump-         fi  1862.  During  the  usual  hours  of  labor  the  master  or  employer 

tion  ot   com-         o  o  ^  x       <j 

mand.         jg  prcsumed  to  be  cognizant  of  the  business  of  tlie  slave,  and  in 

such  business  he  is  presumed  to  be  acting  under  the  master's  or 

employer's   command.     On  Sabbaths,  holidays,   or   during   the 

hours  of  rest,  no  such  presumption  arises. 

Liability  for     §1863.  The  master  is  responsible  for  all  damages  arising  from 

'  the  negligence  of  his  slave  while  engaged  in  liis  business. 
Interference      §  1864.  Exccpt  SO  far  as  autliorizcd  by  the  patrol  and  police 
sons.  regulations  of  this  State,  and  is  necessary  for  the  preservation  of 

public  order,  third  persons  have  no  right  to  interfere  with,  con- 
trol, coerce  or  correct  a  slave,  and  for  all  such  acts  the  master 
may  recover  damages. 
Harboring  a      §  1865.  Ally  pcrsoii   harboring  or  concealing  a  runaway  or 
fugitive  slave,  shall  be  liable  to  the  master  in  damages,  and  the 
jury  in  every  such  case  shall  give  exemplary  damages,  according 
to  the  circumstances  of  each  case.     If  the  person  harboring  or 
concealing  is  a  free  person  of  color  the  owner  shall  have  his 
remedy  against  the  guardian,  and  for  the  payment  of  the  re- 
covery such  free  person  of  color  shall  be  hired  out  as  prescribed 
for  other  debts. 
Necessaries       §1866.  The  iiiastcr  is  liable  to  any  person  for  necessaries  fur- 
8k)nar8eV-    nishcd  to  liis  slave,  unless  he  be  a  fugitive,  or  for  medical  atten- 
dance, rendered  either  when  the  slave  is  abandoned  or  neglected 
by  liim,  or  in  cases  of  emergency,  when  the  master  cannot  be 
consulted.     In  all  such  cases  the  burden  is  on  the  plaintiff  to 
show  the  existing  necessity,  and  the  failure  or  inability  of  the 
master  to  supply  the  wants. 
White  per-       §1867.  Evcry  master  or  employer   having  on   a   plantation 
teSon'!  ^ ''""  more  than  ten  slaves,  over  the  age  of  sixteen  years,  shall  have  a 
white  man  as  overseer,  manager  or  superintendent,  residing  on 
or  near  said  plantation.     For  a  violation  of  this  clause  such  mas- 
ter or  employer  shall  forfeit  the  sum  of  one  hundred  dollars,  one- 
half  to  be  paid  to  the  informer. 
Druggist  §  1868.  Any  druggist  or  other  person  who  by  himself  or  his 

son'tfs'iave.  clerk  sliall  sell  or  give  any  drug  or  medicines  of  a  poisonous 
character  to  a  slave,  except  upon  the  written  order  of  the  mas- 
ter, shall  be  liable  to  the  master  or  any  other  person  for  all 


PT.  2.— TIT.  L'.— CHAP.  5.— Domestic  PtELATioNt*.  371 


Article  2. — Rights  and  IMnlities  of  Master  as  to  third  Persons. 

flamages  arising  from  the  use  of  such  poison,  and  the  additional 
sum  of  (»ne  hundred  dollars  to  the  master  for  every  such  offence. 

§  186^,  Any  person  who  shall  sell  or  give  any  spirituous  liquors  jjg,„„g 
to  a  slave  without  the  written  order  of  his  master,  shall  be  liable  j,^^"""  *" 
to  the  master  for  all  damages  direct  and  consequential  accruing 
to  the  master  or  his  property  from  such  act. 

§  ls70.  The  master  shall  not  furnish  to  his  slave  any  poisonous  ^.^ter  fur- 
drug  or  medicine,  or  spirituous  liquors,  except  as  administered  ".^n^orHq^r 
medicinally  or  used  in  his  presence.     And  any  ]>erson   whose *"  ^'* *^*^*" 
:slave  or  other  property  has  been  injured  by  such  poison  or  liquors 
received  from  the  slave  of  another  having  possession  of  the  same 
by  his  master's  consent,  shall  recover  from  such  master  the  full 
amount  of  the  damage  so  sustained  and  the  reasonable  expense 
of  his  litigation. 

§1871.  No  slave  shall  keep  any  lire-arms  in  his  own  posses- Keeping 
■sion,  nor  carry  or  make  use  of  them  or  any  weapon  of  offence,  '^'■*'"'""°™*- 
■except  upon  the  plantation  of  the  master  or  employer,  or  accom- 
panied by  a  white  person  at  least  sixteen  years  of  age ;  and  any 
white  person  tiuding  a  slave  violating  this  section  mav  seize  such 
weapons,  and  having  notified  the  owner  or  employer  of  the  slave 
■*A'  the  fact,  and  the  time  of  his  application,  he  may  apply  to  a 
Justice  of  the  Peace  of  the  district  to  hear  the  facts  upon  his 
•own  affidavit  and  the  testimony  of  others,  and  to  grant  a  certifi- 
cate of  forfeiture  declaring  the  said  weapons  to  belong  to  such 
informer. 

§1872.  The  master  or  controller  of  a  slave  charged  with  any  Master  eon- 
offence  shall  not  conceal  or  convey  away  such  slave,  or  otherwise  fenlkr  "^' 
seek  to  evade  a  fair  trial  of  the  charge.  Any  person  violating 
this  clause  shall,  if  the  charge  be  of  a  capital  offence,  forfeit  the 
sum  of  one  thousand  dollars,  and  if  not  capital,  one  hundred 
•dollars,  one-half  of  which  shall  go  to  the  person  injured  by  such 
-offence  of  the  slave,  if  any,  if  not,  then  to  the  informer,  the  re- 
anaining  half  to  the  Educational  Fund  of  the  county. 

§  1873.  Any  person  writing,  or  furnishing,  or  concerned  in  any  Furnishing 
way  in  furnishing  to  a  slave  a  free  pass,  or  permit,  or  any  other  slave!"''"  "* 
permit  calculated  to  injure  or  harass  the  master,  shall  be  liable 
to  the  master  in  the  sum  of  one  hundred  dollars  for  every  such 
act  in  addition  to  the  full  damages  which  the  jury  may  assess  for 
any  loss,  or  injury,  or  vexation  which  the  master  has  suffered  l)y 
reason  of  such  act. 


3|9^  «       PT.  2. — TIT.  2. — CHAP.  5. — Domestic  Relations. 


Article  3. — Manumission. 


ARTICLE  III. 

OF  MANUMISSION. 

Section.  jSectiox. 
1874.  Manumission  prohibiU'd.  1877.  Papers  si lall  not  be  recorded. 

1S75.  Every  attempt  void.  I    187.'^.  Foreifrn  manumission.  Sec. 

1H7G.   Penalty  Tor  violation.  I 

Manumis-         §1^74-.   Xo  shive  sliall  1)0  inauuiiiitted   in   Georgia,  except   br 

hiwtld?"      act  of  tlie  General  Assembly. 

Evervat-         §  1  ^^75.  All  aiid  cverv  will  and  testament,  deed,  whether  by 

tempt  voi.i.  ^^^^^  of  trust  or  otherwise,  contract,  airreenient  or  stipulation,  or 
other  instrument  in  writing,  or  by  jiarol,  made  and  executed  for 
the  imrpo.se  of  effecting,  or  endeavoring  to  eftect  the  manumis- 
sion of  any  slave,  either  directly  by  conferring,  or  attempting  to 
confer  freedom  on  such  slave,  or  indirectly  or  virtually  by  allow- 
inir  and  securing,  or  attempting  to  allow  and  secure  to  such  slave- 
the  rii^ht  or  privilege  of  working  for  himself  free  from  the  con- 
trol of  a  master,  or  of  enjoying  the  profits  of  his  labor  and  skill, 
shall  be  utterly  null  and  void  in  every  part  and  clause  of  the- 
same  seeking  to  carry  such  object  into  effect,  and  the  title  to- 
such  slave  shall  be  just  as  if  such  attempt  had  not  been  made. 
^187<5    Anv  person  violatinic.  or  attemi)tin<r  to  give  effect  to 

Penalty  for  »^     '     *  -     X  '  /,  i      ii    i         r    11       * 

vioiuiion.     j^^^  instrument  violating  the  above  provisions,  sliall  be   liable  to- 

a  forfeiture  of  one  thousand  dollars  for  every  such  offence,  to  be 

recovered  in  an  action  of  debt,  one-half  to  go  to  the  informer, 

and  the  other  to  the  Educational  Fund  of  the  county. 

,  n     $1S77    Xo  Ordinary  or  Clerk,  or  other  officer,  shall  record 

"orcu-a.'^'"  Buch  portions  of  such  instruments  as  are  violative  of  the  above 
provisions. 

§1878.  Every  master  has  the  right  of  sending  his  slave  to  an- 

manuuiis-  .i  State,  there  to  be  manumitted,  lie  cannot  direct  this  to- 
be  done  by  his  executor  or  others  after  his  death,  and  every  such 
provision,  by  will,  deed  or  otherwise,  shall  be  void. 

ARTICLE  lY. 

OF  FUGITIVE  OR  RUNAWAY  SLAVES. 
Section.  Sectiox. 

1870.  Ricrlit  ofre-eaption.  1884.  Duty  of  jailer. 

1880.  Possessory  warrant.  1885.  Sale. 

1881.  Retaliation  on  other  States.  Ae.        '   1886.  Claim  of  owner  after  sale. 

1882.  Arrest  of  fugitives.  '  1887.  Before  sale. 

IhS:^.  Must  be  delivered  up  in  four  days.  •   1BS8.  Notice  of  reward  and  claim. 


PT.  2.— TIT.  L^— CHAP.  5.— Domestic  Relatioxs.  37J 


Article  4. — ^Fufritivc  or  Runaway  Slaves. 


S1870.  The  master  has  the  riffht  of  re-<tapturin£r  his  fumtiveKiebtofrf- 
slave  wherever  and  wlicnever  he  may  find  Inm  ;  for  this  purpose 
tlie  inaxtcr  may  ]tnivue  tlie  slave   upon   the  land   or  within    tlie 
■eurtelage  of  another,  if  in  so  doinir  lie  commits  no  hreach  of  the 
peace. 

§l>i80.  If  the  fnf»;itive  he  fonnd  in  the  ]>ossession  of  a  i )erson  Po8f«<>B!«orr 
who  claims  him  as  a  oona  Jide  purchaser  irom  anotlier,  tlic  mas- 
ter must  resort  to  a  possessory  warrant  as  hereinafter  provided, 
when  the  question  to  he  tried  hefore  the  court  shall  he  confined 
"to  the  fact  of  the  slave  heing  a  fugitive  from  the  claimant. 

§1881,  If  the  fumtive  slave  escai)es  to  another  State,  and  the  Retaliation 

....  .  .  .  of  other 

master  is  denied  his  rights  of  re-caption  according  to  the  laws  off^«*teB,&c. 
the  Confederate  States,  hy  reason  of  the  local  legislation  of  such 
State,  the  Governor  of  this  State.  u]»oii  heing  satisfied  of  the  fact 
from  information  under  oath,  shall  issue  his  proclamation  re- 
quiring all  the  courts  of  this  State  to  deny  to  the  citizens  of  such 
State  every  privilege  now  allowod  to  tlicin  u]»on  tlie  principles 
•of  comity  among  States. 

§1^8:2.  Every  citizen  of  this  State  has  the  right  of  interroga- Arrei.tof 
ting  every  negro  or  mulatto  found  in  the  highway  or  away  from 
his  masters  premises  and  business  without  a  permit,  or  under 
any  other  suspicious  circumstances,  with  a  view  of  ascertaining 
■whetiier  he  is  a  fugitive  or  not,  and,  upon  reasonahle  grounds  of 
suspicion,  to  arrest  such  negro  or  mulatto  and  carry  him  hefore 
the  nearest  Justice  of  the  Peace  for  further  examination  into  the 
fact.  If  the  master  of  such  slave  is  known,  and  is  within  a  con- 
venient distance,  the  said  Justice,  if  satislied  that  he  is  a  fugitive, 
shall  direct  the  person  arresting,  or  a  Constable,  to  deliver  such 
slave  to  the  master.  If  the  master  is  unknown,  or  not  within  a 
•convenient  distance,  the  Justice,  if  satisfied  as  above,  shall  direct 
the  person  arresting,  or  a  Constable,  to  deliver  the  said  slave  to 
the  jailor  of  the  county. 

§1883.  Every  person  taking  up  a  fugitive  slave  sliall  deliver  Must  i.ede- 
hini  to  his  master,  or  carry  him  before  a  Justice,  asal)ove,  within  foifr'tiay^  *" 
four  days  from  the  time  of  such  arrest. 

§  1884:.  When  a  fugitive  slave  is  delivered  to  the  jailor,  it  shall  Duty  of 
be  his  duty  to  prepare  a  notice  giving  the  name,  age,  height,  com-'''"''"^" 
plexion,  marks  or  other  descriptive  traits,  together  with  the  time 
•of  commitment  and  name  of  the  owner  as  reported  by  the  slave, 
.and  cause  the  same  to  be  published  for  at  least  three  inonths  in  Advertise- 
itwo  public  gazettes,  one  near  the  residence  of  the  reported  owner,  °'^"*- 


374  PT.  2.— TIT.  2.— CHAP.  5.— Domestics  Relations. 

Article  4.- — Fuj^tive  or  Runaway  Slaves. 

and  the  otlier  the  c;nzette  in  wliicli  the  SlierifTs  sales  of  the  connty 
are  pul)]is]ied.  lie  shall  also  send  a  letter  b_y  post  to  the  person 
to  whom  the  slave  says  he  belon2:s. 

Sale.  §1885.  At  the  expiration  of  said  notice,  if  no  person  appears- 

and  claims  the  slave,  the  jailor  shall  notify  the  Justices  of  the- 
Inferior  Court  of  the  fact,  who  shall  cause  the  said  slave  to  be 
advertised  for  sale,  by  the  Sheriff  of  the  county,  as  a  runaway 
slave,  and  after  publication  of  said  advertisement,  as  notices  of 
other  Sheriff's  sales,  and,  no  claimant  ap}»earin<j,  the  Sheriff  shall 

of'fumis!""'  f'Gll  the  slave  in  the  same  manner  as  i>ropery  levied  on  under  ex- 
ecution, to  the  highest  bidder,  and  after  ]>aying  jail  fees,  and  all 
other  expenses  legally  incurred  on  account  of  said  slave,  shall  pay 
over  the  balance  to  the  Clerk  of  the  Inferior  Court  of  said  county.. 

Claim  of  §18m().  If  the  former  owner  of  the  slave  aj)pears  sit  anv  time 

owner  nftor        •   ^  •  ,.  ■,  .  ,.    ■,  ■,  ■,  ■,  .'>     ■■  i  • 

sale.  witnm  one  year  from  tlie  time  ot  tiie  sale,  and  makes  })rooi  of  his 

ownership,  the  said  court  shall  order  the  balance  in  the  hands  of 
the  Clerk  to  be  paid  over  to  him.  At  the  expiration  of  one  year 
without  such  claim,  the  court  shall  order  the  same  ])aid  to  the- 
Educational  Fund  of  the  county. 

Before  eak'.  §  1887.  If  tlie  owuer  of  the  slave,  advertised  as  a  fugitive,  shall 
api)ear  and  give  satisfactory  jtroof  t(»  the  Sheriff  that  he  is  the- 
true  owner,  the  Sheriff  shall  order  the  jailor  to  deliver  the  .same 
to  him,  on  his  paying  all  the  jail  fees  and  expenses  incurred  about 
said  slave.     If  any  reward  has  been  offered  for  the  anprehension 

Collection  of      _        .  "  _  '  ^ 

reward.  of  Said  slave,  sucli  reward  shall  be  paid  to  the  jailor,  or  good  se- 
curity in  the  county  given  for  the  same  before  the  possession  of 
the  slave  shall  be  given  to  the  claimant. 
Notice  of  re-  §1888.  Any  pcrsoii  apprehending  a  fugitive  slave  for  whom  a 
wM^and  i-eward  has  been  offered,  may  on  the  delivery  of  said  slave  to  the- 
jailor,  give  him  written  notice  of  such  reward  being  offered,  and 
the  name  of  the  person  offering  it,  and  any  jailor  who  after  sucli^ 
notice  sh^ll  deliver  up  such  fugitive  before  said  reward  is  paid 
or  security  given  as  above,  shall  be  liable  with  his  sureties  on 
his  bond  to  the  person  entitled  for  the  amount  of  such  reward. 

For  the  rights  of  the  owner  against  persons  harboring  liis  slave,  see  Artii-le  2  of, 
this  chapter  and  Penal  Code  for  slaves  and  free  persons  of  color. 


PT.  2.— TIT.  ;i.— CHAP.  1.— (Jthkk  Rklations.  376 

Article  1. — (ieneral  Principles. 


TITLE  III. 

OF  RELATIONS  ARISING  FROM  OTHER  CONTRACTS. 

Chai'tkk  1.  Of  Partnership. 
Chaptp:k  2.  Of  Debtor  and  Creditor. 
Chapter  3.  Of  Bailments. 
CnAPTfZR  4.  Of  Principal  and  Surety. 
Chaptkr  5.  Of  Principal  and  A^ent. 


CHAPTEK  I. 

OF  PARTNERSHIP. 


Artu'le  1.  General  Principles. 

Article  2.  Ricrlits  and  Liabilities  of  Partners  amonjr  themselves. 

Artk  LE  3.  Rights  and  Liabilities  as  t<»  third  persons. 

Article  4,  Limited  Partnershij». 


ARTICLE  I. 

(GENERAL  PRINCIPLES. 

Section.  Section. 

1889.  How  created.  189G.  How  it  is  dispolved. 

1890.  Extent  of  Partnersliip.  1897.  Notice  of  Dissoiution. 

1891.  Open  and  Dormant  Partner.  |  1898.  Effect  of  Dissolution. 

1892.  What  constitutes  a  partnership.      [  1899.  False  Partner. 

1893.  Time  of  Commencement.  '   1900.  Denial  by  Defendant. 

1894.  Death  of  partner,  .tc.  1901.  Suits  by  and  against. 

1895.  Duration  and  dissolution.  '   1902.  Executory  Bond. 

§1889.  A  ])artnorship  may  be  created   either  by  written  ornowereated 
parol  contract,  or  it  may  arise  from  a  joint  ownership,  use  and 
enjoyment  of  the  profits  of  undivided  property,  real  or  personal. 

§1890.  As  among  partners  the  extent  of  the  partnership  is  Extent  of 
determined  by  the  contract  and  their  several  interests.     As  to   "  ^'^^  '^* 
third  persons,  all  are  liable  not  only  to  the  extent  of  their  inter- 
est in  the  partnership  property,  but  also  to  the  whole  extent  of 
their  separate  property. 

§1891.  An  ostensible  partner  is  one  whose  name  appears  to  op""  p"'"'^- 
the  world  as  such,  and  he  is  bound  though  he  have  no  interest  in 


376  PT.  2.— TIT.  3.— CHAP.  1.— Otiiek  Eelationb. 


Article  1. — General  Principles. 


Dormant     ^^®  firm.     A  domiaiit  or  secret  j^artner  is  one  whose  connection 
partner.       witli  the  fimi  is  really  or  professedly  concealed  from  the  world. 
What  con-        §  1892.  A  joint  interest  in  the  partnership  property,  or  a  joint 
partnership,  interest  in  the  profits  and  losses  of  the  business,  constitute  a 

partnership  as  to  third  persons.     A  common  interest  in  profits 

alone  does  not. 
Time  of  §1803.   If  uo  time  is  specified  for  tlie  conmiencement  of  the 

commence-  partnerslii]),  it  commences  immediately. 

Death  of  a        §1894:.  If  the  contract  specifies  the  term  for  which  tlie  partner- 
effSrcon-'  ship  is  formed,  it  will  continue  for  that  time  or  till  the  death  of 

one  partner.     If  it  is  desired  to  continue,  notwithstandino;  the 

death  of  a  partner,  it  must  be  so  si)ecified. 


tinuauce. 


Duration         §  1895.  If  there  is  no  agreement  as  to  the  time  of  continuance 
tion.  the  partnership  is  at  Avill,  and  may  l)e  dissolved  at  any  time  by 

any  partner  on  giving  three  months  notice  to  his  co-})artners. 
How  it  is         §  1896.  Ever}''  partnership  is  dissolved  at  any  time  by  tlie  mu- 

dissolved.  •         i  i         i         i        •  '  •  "^  •      • 

tual  consent  ot  the  parties,  by  tJie  death,  msanity,  or  conviction 
for  felony  of  one  of  the  parties,  by  the  marriage  of  a  feme  sole 
partner,  by  the  extinction  of  the  business  for  which  it  was  formed, 
or  by  such  misconduct  of  eitlier  partner  as  will  justify  a  court 
of  equity  to  decree  a  dissolution. 

Notice  of  §1897.  The  dissolution  of  a  partnershij)  by  the  retiring  of  an 
ostensible  partner,  must  be  made  known  to  creditors  and  to  the 
world.  By  the  retiring  of  a  dormant  partner,  it  must  Ije  made 
known  to  all  who  had  knowledge  of  his  connection  with  the 
firm. 

Effect  of  §  1898.  A  dissolution  puts  an  end  to  all  the  powers  and  rights 

resulting  from  the  partnership  to  the  partners,  except  for  the 
purpose  of  a  general  account  and  winding  up  the  business.  As 
to  third  persons,  it  absolves  the  partners  from  all  liability  for  fu- 
ture contracts  and  transactions,  but  not  for  the  transactions  that 
are  past. 

§  1899.  No  partnership  may  lawfully  insert  in  their  firm  name, 

i»er.  "  or  style,  the  name  of  any  individual  not  actually  a  co-partner, 
nor  continue  in  such  firm,  name  or  style,  the  name  of  a  retired 
partner.  And  each  member  of  a  firm  violating  this  provision 
shall  forfeit  the  sum  of  one  hundred  dollars  for  every  day's  vio- 
lation, to  be  recovered  by  any  person  who  may  prosecute  for  the 
same. 

§  1900.  Partners  suing,  or  being  sued  in  their  firm  name,  the 


dissolution. 


False  part- 


FT.  2.— TIT.  3.— CHAP.  1.— Othku  Delations.  377 


Article  1. — General  Principles. 


partnership  need  not  be  proved  unless  denied  by  the  defendant,  ,Vef"if]gn^ 
•on  oatli,  njKm  plea  in  abatement  filed. 

§  1^01.  Judgments  may  be  entered  up  and  execution   issue  in  suits  brand 
the  name  of  the  firm  ur  against  a  firm.     And  service  of  process '^'°" 
■on  one  partner  with   a  return  of  "  rum  est  inventus  "  as  to  the 
■others,  shall  authorize  a  judgment  against  the  firm  bindiiiij  all 
of  the  firm  assets  and  the  individual  ]»n»]ierty  of  the  one  served. 

§  1902.  In  all  legal  proceedings,  wherein  it  becomes  necessary  Kx-ecutory 
for  partners  to  give  bond,  any  one  of  the  partners  may  execute  '^""'^ 
«uch  l)ond  in  the  firm  name. 


ARTICLE  II. 

RIGHT.S  AND  LIABILITIES  OF  PARTNERS  AMONG  THKMSELVKS. 
Section.  ;  Section. 

190.3.  Intere.-'t  of  each.  1907.  Introducing  new  partner. 

1904.  Insolvent  partner.  I   1908.  Power  of  majority. 

1905.  Goo.1  faith  intrr  s-.  j   1909.  Snrvivinp  partner. 

1906.  Power  of  each  partner. 

§  H»03.  Unlesai  otherwise  provided  in  the  agreement,  partners,  .     .  , 

■1,       .  1   •  11     »  Interest  of 

are  ecjuaily  interested  in  all  the  stock  or  property  brought  into^*"^- 
the  business— it  matters  not  by  which  partner— are  equally  en- 
titbd  to  share  the  profits,  and  equally  bound  to  pay  the  losses. 

§  1U04.  If  one  of  several  partners  proves  to  be  insolvent,  each  contribution 
ipartner  is  bound  to  contribute  according  to  his  interest  to  sustain  insoivenl 
the  2>ro  rata  loss  of  such  insolvent  in  the  debts  of  the  firm.  ^'"^""'' 

§1905.  The  strictest  good  faith  is  required  among  partners,  9«'>'i  festh 
and  tliat  which  would  not  amount  to  fraud  as  to  third  persons,"""  *'" 
may  be  such  a  violation  of  this  faith  as  to  justify  a  court  of 
equity  to  compel  a  partner  to  give  up  any  advantage  thus  ob- 
tained. 

§190G.  Every  partner  has  a  right  to  examine  into  the  afitairs  Power  of 
■of  the  firm,  and,  unless  otherwise  agreed  to,  have  joint  possession  ^"^'^ p'"'^"^'-- 
•of  its  eftects,  to  collect  and  apply  its  assets,  to  contract  or  other- 
wise bind  the  firm  in  matters  connected  with  its  business,  and  to 
■execute  any  writing  or  bond  in  the  course  of  the  business.  At 
110  time  transgressing  the  privileges  of  other  partners  or  seeking 
in  bad  faith  to  evade  or  violate  their  wishes. 

§  1907.  Xo  partner  by  assigning  his  interest  or  otherwise,  can  lutroducins 
introduce  a  new  partner  witlmut  the  consent  of  the  others,  unless  "•'"p^^'"^^- 
.•such  power  is  reserved  in  the  contract. 


378  PT.  2.— TIT.  :'..— CHAP.  1.— Other  Kelations. 

Article  2. — Rights  and  Liabilities  of  Partners  among  thoniselvef!. 

Power  of  §1908.  Unless  otlierwise  stipulated,  a  majority  of  the  partnei-s 
must  control  on  any  question  -within  the  scope  of  the  partnership 
business ;  but  outside  of  such  business,  any  partner  may  veto  the 
use  of  the  partnership  assets. 

siuviviutr  §  liMi9.  The  survivino-  tjartner,  in  case  of  deatli,  has  the  right 
to  control  tlie  assets  of  tlie  firm  to  the  exclusion  of  the  legal  rep- 
resentatives of  a  deceased  partner,  and  he  is  ]:)riinarily  liable  to 
the  creditors  of  the  firm  for  their  debts. 


ARTICLE  III. 

RRiHTS  AND  LlABILITIlvS  OF  PARTNERS  AS  TO  THIRD  PKRSOXS. 

Sectiox.  Sectiox. 

1910.  Secret  stipulations.  191 G.  flndorsenient,  &c. 

1911.  Bound  by  acts  of  partner.  1917.  Liability  from  fraud  of  one  partner. 

1912.  Duty  of  agent.  1918.  For  torts  of  partner. 

1913.  Matters  outside  of  partnership.  1919.  Power  after  dissolution. 

1914.  Lending  money  to  partner.  1920.  Disposition  of  assets,  .tc. 

1915.  Purcliasing  from  partner.  1921.  Garnishment  on  i)arlner.-<  interest. 

Secret  etipa-  §  1910.  Third  pcrsoiis  are  bound  by  no  stipulations  among  the 
partners  themselves,  unless  actual  notice  of  such  stipiUation  be 
proven  prior  to  their  action. 

Bound  i.v         §1911.  All  the  partners  are  bound  l)v  the  acts  of  any  one, 

actsof part-        .,.,,,.  ,        .  .    ,  '         ,  .  .,,.",. 

ner.  witliiu  the  legitimate  business  ot  tlie  partnership,  until  dissohition 

Eflfect  of  no-  QY  ^YiQ  commencement  of  legal  i)rocess  for  that  puri)0se,  or  express^ 

notice  of  dissent  to  the  person  about  to  be  contracted  with. 
Duty  of  §,1912.  An  agent  of  the  partnership  is  generall}'  bound  to  obey 

*^*°  each  partner.     If  contradictt>ry  instructions  are  given  by  different 

partners,  he  is  not  bound  to  ol)ey  either,  but  should  act  for  the- 
best  interest  of  the  partnership. 
Matters  out-      §1913.  Third  persons  acting  with  a  partner  in  a  matter  not 
ne/shipr"  legitimately  connected  with  tlie  partnership,  have  no  right  against 

the  firm  or  any  other  member. 
Lending  §1914.  A  pcrsoii  lending  money  to  a  partner  for  the  firm  i& 

pMtner."     uot  bouiid  to  scc  to  its  application,  but  if  he  knows,  or  has  rea- 
sonable grounds  to  suspect  that  it  is  intended  to  be  applied  ta 
other  purposes  than  the  business  of  the  firm,  he  cannot  recover  it 
from  the  partnership. 
Purchasing       §  1915.  Third  pci'sons  acquire  no  title  to  partnership  assets  by 
Ber.  purchase  from  one  member,  when  notice  or  a  reasonable  ground 

of  suspicion  is  known  to  them  that  the  ]>artner  is  misapplying,  or 
seeks  to  misapply  such  assets. 


PT.  2.— TIT.  3.— CHAP.  1.— Other  KELATioNg.  379 


Article  3. — Rights  and  Liabilities  of  Partners  as  to  Third  Persons. 


§1916.  A  ffuarantv  or  an  accommodation  endorsement  is  not  Endoree- 

•->  o  ./  _  ments,  <fec 

within  the  legitimate  business  of  ordinary  partnership. 

S  1917.  All  the  partners  are  responsible  to  innocent  third  per-  J'i"Wiitv  for 

'■>  -l  ^  -^  fraud  of  one 

sons  for  damages  arising  from  the  fraud  of  one  partner  in  matters  p^irtner. 
relating  to  the  partnership. 

§  1918.  Partners  are  not  responsible  for  torts  committed  by  a  For  torts  of 

-111  1.  i»    1      •  i.  partner. 

co-partner,     lor  the  negligence  or  torts  of  then-  agent  or  servant  of  servant. 
they  are  responsible  under  the  like  rules  with  individuals. 

§1919.  After  dissolution,  a  partner  has  no  power  to  bind  the  Power  after 

^    ^  '        '  ,  ^  ^  dissolution. 

firm  by  a  new  contract,  or  to  revive  one  already  for  any  cause 
extinct,  nor  to  renew  or  continue  an  existing  liability,  nor  change 
its  dignity  or  its  nature. 

§  1920.  When  a  partnership  is  insolvent,  and  one  of  the  part-  Disposition 
ners  is  deceased  insolvent,  the  creditors  of  the  partnership,  in  among  credi- 
equal  degree  with  individual  creditors,  cannot  claim  to  share  in 
the  individual  assets  of  the  deceased  partner  until  the  individual 
creditors  shall  have  lirst  received,  upon  their  debts,  such  a  per 
centage  from  the  individual  assets,  as  such  ])artnership  creditors 
have  received  from  the  partnership  assets. 

§  1921.  The  interest  of  a  partner  in  the  partnership  assets  may  oamish- 
be  reached  by  a  judgment  creditor  by  process  of  garnishment  "artner"  in- 
served  on   the  firm,  and  shall  not  bo  subject  to  levy  and  sale. 
The  lien  on  such  interest  shall  attach  from  the  date  of  the  judg- 
ment against  the  })artner. 


ARTICLE  lY. 

LTMITKD  PARTNERSHIP. 

Section.  Section. 

1922.  Limited  partnerships.  ;   1934.  Names  of  the  firm. 

1923.  How  constituted.  |   1935.  Suits— how  brought. 

1924.  Business— by  wliom  conducted.       |   193C.  Stock  not  to  be  withdrawn. 

1925.  Certificate — specification  of.  |    1937.  Interest  and  profits. 

1926.  Acknowledgment  of.  i   1938.  Special  partner,  &c. 

1927.  Certificate  and  powers— how  filed,  j   1939.  Liability  of  general  partners. 

1928.  Affidavit  of  general  partners. 

1929.  Informal  partnerships. 

1930.  Publication. 

1931.  Evidence  of  publication. 

1932.  Renewal  or  continuance  of. 


1940.  Guilty  of  fraud — how  punished. 

1941.  Fraudulent  assignments. 

1942.  General  or  special  partners. 

1943.  Liability  of  special  partners. 

1944.  Not  to  claim  credit — when. 


1933.  Dissolution  of.  I    1945.  Dissolution — how  etlectcd. 

§  1922.  Limited  partnerships  for  the  transaction  of  any  mer- 
cantile, commercial,  mechanical,  manufacturing,  mining  or  agri- 


380  PT.  2.— TIT.  3.— CHAP.  1.— Other  Eelations. 


Article  1. — Limited  Partnerships. 


By  whom     cultural  biisiiiess  within  this  State,  may  be  formed  by  two  or 

formed — for  .  ,      "    . 

what  pur-     more  persons  upon  the  terms,  with  the  rights  and  powers  and 
subject  to  the  conditions  and  liabilities  herein  prescribed;  but 
the  provisions  of  this  act  shall  not  be  construed  to  authorize  any 
such  partnei'ship  for  the  purpose  of  baid-cing  or  making  insu- 
rance. 
How  consti-      §1923.  Such  partnerships  may  consist  of  one  or  more  persons, 
who  shall  be  called  general  partners,  and  who  shall  be  jointly 
and  severally  responsible  as  general  partners,  and  of  one  or  more 
persons  who  shall  contribute  in  actual  cash  a  specific  sum  as 
capital  to  the  common  stock,  who  shall  be  called  special  partners, 
and  wlio  shall  not  be  liable  for  debts  of  the  partnership  beyond 
the  fund  so  contributed  by  him,  or  them,  to  the  capital,  except 
as  hereinafter  provided. 
business-       §  1*«^24.  The  general  partners  only  shall  be  authorized  to  trans- 
tranw^cteV    fict  busincss,  and  to  sign  for  the  partnership,  and  to  bind  the 

same. 
Speciflca-         §1025.  Persons  desirous  of  forming  such    i)artnersliip    shall 
tiflcato[  '^"'  luake,  and  severally  sign  by  themselves,  or  attorney  in  fact,  a 
certilicate  which  shall  contain — 

1.  The  name  of  the  firm  under  which  such  partnership  is  to 
be  conducted. 

2.  The  general  nature  of  the  business  intended  to  be  trans- 
acted. 

3.  The  names  of  all  the  general  and  special  partners  inserted 
therein,  distinguishing  which  are  general,  and  which  are  special 
partners,  and  their  respective  places  of  residence. 

4.  The  amount  of  capital  which  each  special  partner  shall 
have  contributed  to  the  common  stock. 

5.  The  period  at  which  the  partnership  is  to  commence,  and 
the  period  at  which  it  shall  terminate,  and  when  made  by  such 
attorney  in  fact,  the  power  of  the  attorney  duly  authenticated 
shall  be  recorded  along  with  such  certificate. 

iiowac-  §1926.  The  certificates  shall  be  acknowledged  by  the  several 

'  persons  signing  the  same,  or  their  attorney  in  fact,  before  a  Judge 

of  the  Superior  or  Inferior  Court,  or  a  Justice  of  the  Peace,  or 

Xotary  Public,  and  such  acknowledgment  shall  be  certified  by 

the  oflicer  before  whom  the  same  is  made. 

Certificates       §  1927.  The  Certificate  and  power  of  attorney  in  fact,  so  ac- 

^  attorneys  kuowlcdgcd  and  certified,  shall  l)e  filed  in  the  oftice  of  the  Clerk 

— when   and      .in*^  •/->  /»•  ■  i"ii  ••ii 

where  filed,  ot  the  Superior  Court  oi  tlie  county  m  wliicli  the  principal  place 


PT.  2.— TIT.  8.— CHAP.  1.— Othek  Relations.  381 


Article  4. — Limited  Partnership^ 


of  l)usiiiei^s  of  tlie  partnersliip  shall  be  situated,  and  also  be  re- 
corded by  liiiii  at  large  in  a  book  to  be  kej^t  for  that  purpose 
open  to  public  inspection.  If  the  ])artnershi])  sliall  have  places 
of  business  situated  in  different  counties,  a  transcript  of  the 
certilicate,  and  ])o\ver  of  attorney  in  fact,  and  of  acknowledg- 
ment thereof,  <luly  certified  bv  the  clerk  in  whose  office  it  shall 
be  filed,  under  his  official  seal,  shall  be  filed  and  recorded  in  like 
manner  in  the  ofiice  of  the  Clerk  of  the  Superior  Court  in  every 
such  county;  and  the  clerk  for  each  and  cverv  registry  required 
by  this  act  shall  be  entitled  to  the  sum  of  five  dollars. 

§1028.  At  the  time  of  filing  the  original  certificate,  with  the  Affidavit 
evidence  of  the  acknowledgment  thereof,  as  bctVtre  directed,  an 
affidavit  or  affidavits  of  the  several  general  partners  shall  also  be 
filed  in  the  same  office,  stating  that  the  sums  specified  in  the 
certificate  to  have  been  contril)uted  by  each  of  the  special  part- 
ners to  the  common  stock,  have  been  actually  and  in  jrood  faith 
paid  in  cash,  and  a  certified  copy  of  such  certificate,  power  of 
attorney,  and  affidavits,  shall  be  evidence  in  all  courts  and  places 
whatsoever. 

§  1929.  No  such  partnership  shall  be  deemed  to  have  been  informal- 
formed  until  such  a  certificate  as  is  herein  mentioned  shall  haveS"^'^ 
been  made,  acknowledge*  1,  filed  and  recorded,  n(»r  until  an  affi- 
davit shall  have  been  filed  as  above  directed ;  and  if  any  false 
statement  be  made  in  such  certificate,  or  affidavit,  or  if  such 
partnership  business  be  conunenced  before  such  certificate  or  affi- 
davit is  filed,  all  the  i>ersons  interested  in  such  partnership  shall 
be  liable  for  all  the  engagements  thereof  as  general  jiartners, 

§  1930.  The  partners  shall  publish  the  terms  of  the  partner- 

1  .  1  ...  1  ^  now  pub- 

ship,  when  registered,  tor  at  least  six  weeks  immediately  after ^'*''"'''- 
such  registry,  in  one  newspaper  in  the  county  in  which  the  place 
of  business  is  situated,  and  in  one  newspaper  in  the  city  of  Mil- 
ledsreville.  If  no  newspaper  should  be  published  in  the  county 
in  which  the  business  is  to  be  transacted,  the  notice  shall  be  pnb- 
lished  in  all  the  newspapers  in  the  city  of  Milledgeville,  as  before 
required,  and  if  such  publication  be  not  made  within  two 
months  from  the  filing  of  such  certificate  and  affidavit  the  part- 
nership shall  be  deemed  general. 

§1031.  The  affidavits  of  the  publication  of  such  notice  by  the  j,^ij^„^g  „j.- 
printers,  publishers,  or  editors  of  the  newspapers  in  whicli  the  J'"''''''^^'*'"- 
same  shall  be  published,  may  be  filed  in  the  office  of  the  Clerk 


firm. 


4582  PT.  2.— TIT,  3.— CHAP.  1.— Othek  Relations. 

Article  4. — Limited  Partnerships. 

of  the  Superior  Court  in  whicli  the  certiiicate  has  been  filed  and 
shall  be  evidence  of  the  facts  therein  contained. 
r.cncwai  or       §  1932.  Evcrv  renewal  or  continuance  of  such  partnership  be- 
of  plrtnTr-"  jo^d  tlic  time  originally  fixed  for  its  duration  shall  be  certified, 
*^'P-  acknowledged  and  recorded,  and  an  afiidavit  of  a  general  partner 

be  made  and  filed,  and  notice  be  given  in  the  manner  herein 
required  for  its  original  formation ;  and  every  such  partnership 
which  shall  be  otherwise  rene\ved  or  continued  shall  be  deemed 
a  general  partnership. 
Alterations  §1933.  Evcry  alteration  which  shall  be  made  in  the  names  of 
Acrdeemed  tlic  partners,  in  the  nature  of  the  business,  or  in  the  capital  or 
shares  thereof,  or  in  any  other  matter  specified  in  the  original 
certificate,  shall  be  deemed  a  dissolution  of  the  partnership  ;  and 
every  such  partnership  which  shall  in  any  manner  be  carried  on 
after  any  such  alteration  shall  have  been  made  shall  be  deemed 
a  general  partnership,  unless  renewed  as  a  special  partnership 
according  to  the  provision  of  the  last  section. 
Name  of  §  1934.  The  business  of  the  partnership  shall  be  conducted 

under  a  firm  in  Avhich  the  names  of  the  general  partners  only 
shall  be  inserted  without  the  addition  of  the  word  "  company,'' 
or  any  other  general  term  ;  and  if  the  name  of  any  special  part- 
ner shall  be  used  in  such  firm,  he  shall  be  deemed  a  general  part- 
ner. 

§1935.  Suits  to  be  brought,  by  any  partnership,  to  be  formed 
under  this  Code,  shall  be  in  the  name  or  names  of  the  general 
partners  only,  and  suits  against  such  partnership  shall  be  brought 
against  the  general  partners  only,  except  in  cases  where  the  spe- 
cial partner  shall  be  rendered  liable  as  general  partners,  in  which 
cases  suits  may  be  brought  against  all  the  i)artners  jointly  or  sev- 
erally, or  any  one  or  more  of  the  special  partners  may  be  sued  in 
the  same  action  with  the  general  partners. 
Capitii  §  1936.  Xo  part  of  the  sum  which  any  special  partner  shall 

bl^with^'  ^^  li^^'G  contributed  to  the  capital  stock,  shall  be  withdrawn  by  him 
or  paid  or  transferred  to  him  in  the  shape  of  dividends,  profits  or 
otherwise,  at  any  time  during  the  continuance  of  the  partner- 
ship, but  any  partner  may  annually  receive  lawful  interest  on 
the  sum  so  contributed  by  him,  if  the  payment  of  such  interest 
shall  not  reduce  the  original  amount  of  such  capital ;  and  if,  after 
the  payment  of  such  interest,  any  profits  shall  remain  to  be  di- 
vided, he  may  also  receive  his  portion  of  such  profits,  but  shall 


«tock  not  to 
be  wit 
■<lrawn 


PT.  2.— TIT.  3.— CHAP.  1.— OniEK  Relations.  383 

Article  4. — Limited  Partnerships. 

not  be  liable  for  any  rlebts  previouf>ly  contracted  l)v  the  jsreneral 
partner!^. 

§1937.   If  it  sliall  ap]>ear  that,  bv  tho   payment  of  interest  or,,„pr..M  an.i 
profits  to  any  special  ]>artner,  the  orii;inal   cnj»ita]   has  been   re- ^"''^**' *"• 
duced,  or  the  firm  shall  be  nnable  to  pay  its  debts,  the  partner 
receiving  the  same  shall  be  bound  to  restore  the  interest  or  profits 
received  by  him  necessary  to  make  good  his  original  share  of  the 
original  stock. 

§1938.  A  special  partner  mav,  at  anv  time,  examine   int(»  the Pnviieffos 
state  and  proffress  of  the  partnership  concerns,  and  mav  advise  asti.sofsi.e- 

^        ^  1  1      11  '      •  ci:il  partners. 

to  their  management,  but  he  shall  not  transact  any  business  on 
account  of  the  i>artnership,  nor  1)e  em]iloyed  for  that  purpose  as 
agent  or  otherwise.  If  he  shall  interfere  contrary  to  these  ]>r<>vi- 
«ions,  he  shall  be  deemed  a  general  partner;  Init  he  may  act  as 
the  attorney  or  counsellor  at  law,  or  in  equity,  for  the  partner- 
ship, without  being  liable  to  beccnne  a  general  partner. 

§1939.  The  general  partners  shall  be  liable  to  account  to  each  Liability  of 
other,  and  to  the  special  partners  for  their  management  of  thefwuiers. 
business  of  the  firm,  both  in  law   and   equity,   as  other  partners 
are  now  by  law  and  equity. 

§1940.  Every  partner  who  shall  l)e  guilty  of  any  fraud  in  tlie partners 
aftairs  or  business  of  the  partnership,  shall  be  liable,  civilly  to  thefriu((&c. 
party  injured,  to  the  extent  of  his  damage,  and  shall  also  be  lia- 
ble to  an  indictment  for  a  misdemeanor.  ])unishable  by  fine  or 
imprisonment,  or  both,  at  the  discretion  (»f  the  Superior  Court, 
by  which  he  shall  be  tried. 

§1941.  Every  sale  assignment,  or  transfer  of  any  ot  the  prop- Fraudulent 
erty  or  effects  of  such  partnership,  made  by  such  partnership  •>n*'f,"^'^°** 
when  insolvent,  or  in  contemplation  of  insolvency,  or  after  or  in 
contemplation  of  the  insolvency  of  any  partner,  with  the  intent 
of  giving  a  ]>reference  to  any  creditor  of  such  partnership  or  in- 
solvent partner  over  other  creditors  of  such  partnership,  and  every 
judgment  confessed,  lien  created  or  security  given  by  such  part- 
nership under  the  like  circumstances,  and  with  the  like  intent, 
shall  be  void  as  against  the  creditors  of  such  partnership. 

§  1942.  Every  such  sale,  assignment  or  transfer  of  any  of  the  ^^  pe„„ai 
property  or  effects  of  a  general  or  special  partner,  who  may  have  ['arl^^.r"' 
become  liable  as  a  general  partner,  made  by  such  general  or  spe- 
cial  partner  M'hen  insolvent  or  in  contemplation  of  insolvency,  or 
after  or  in  contemplation  of  the  insolvency  of  the  partnership, 
with  the  intent  of  giving  to  any  creditor  of  his  own.  or  of  the 


384  PT.  2.— TIT.  3.— CHAP.  1.— OiiiEii  PtELA-noKs. 

Article  4. — Limited  Partnerships. 


partnership,  a  preference  over  creditors  of  the  partnership  ;  every 
judgment  confessed,  lien  created  or  secnrity  given  by  an}'  such 
partner  nnder  the  like  circumstances,  and  with  the  like  intent,, 
shall  be  void  as  against  the  creditors  of  the  partnership. 
Liability  of      §  1943,  Any  special  partner  who  shall  violate  any  provision  of 
partners, &c.  the  two  hist  preceding  sections,  or  who  shall  concur  in,  or  assent. 
to  any  such  violation  by  the  partnership,  or  by  any  individual 
partner,  shall  be  liable  as  a  general  partner. 
Special  §1944.  In  case  of  the  insolvency  or  bankruptcy  of  the  part- 

^""■*"®''®'**'' nershi]),  no  special  partner  shall,  under  any  (;n-cunistances,  be 
allowed  to  claim  as  a  creditor  until  the  clainjs  of  all  the  other 
creditors  of  the  partnei'ship  shall  be  satisfied. 
Dissolution  §1945.  No  dissolution  of  such  partnersliip,  by  the  acts  of  the 
— ^ow  e  «'^- pj^j,j.jgg^  shall  take  place  previous  to  the  time  specified  in  the  cer- 
tificate of  its  renewal,  until  a  notice  of  such  intended  dissolution 
shall  have  been  filed  and  recorded  in  the  Clerk's  office  in  which 
the  original  certificate  was  recorded,  and  published  at  least  once 
a  week  for  four  weeks  in  a  newspaper  printed  in  each  of  the 
counties  where  the  partnershij)  has  places  of  business;  but  if  no 
newspaper  be  printed  in  sucli  counties,  then  the  notice  shall  be 
published  for  four  weeks  in  all  the  newspapers  in  the  city  of  Mil- 
ledgeville,  which  notice  shall  be  signed  by  all  the  i)artner8,  or 
their  representatives ;  I^rovided,  that  nothing  herein  contained 
shall  be  so  construed  as  to  aftect  the  collection  of  any  demand 
against  either  of  the  special  j)artners  which  nuiy  have  been  con- 
tracted previously  to  the  commencement  of  such  special  partner- 
ship. 


PT.  2.— TIT.  3.— CHAP.  2.— Other  Eelations.  385 

Article  1. — General  Principles. 

CHAPTER  II. 

OF  DKBTOR  AND  CREDITOR. 

Aktk  r.E  1.  General  i)rinciples. 

Article  2.  Acts  void  against  creditors. 

Article  3.  Mortgages  and  otlier  liens. 

Article  4.  Insolvent  debtors. 

Article  5.  Interest  and  usury. 


AIITICLE  I. 


GENERAL  PRINCIPLES. 


Section'.  Section. 
1946.  Relation  of  debtor  and  creditor.  10.10.  Piirsinng  two  remedies. 

1047.  Rights  of  creditors  favored.  lO.'il.  Compulsory  election. 

1048.  Eqnitalile  a.ssets.  1052.  Oliligations  in  writing. 
1040.  Attacking  jiidgment.s.  ,   1053.  E.\ceptions. 

§  1946.  Wlienever  one  person,  by  contract  or  by  law,  is  liable  delation  of 
and  bound  to  pay  to  another  an  amount  of  money,  certain  or  un- ^re^'dftor*^ 
certain,  the  rehUion  of  debtor  and  creditor  exists  l>etween  them. 

§  1947.  Tlie  rights  of  creditors  should  be  favored  by  the  courts,  Riphts  of 
and  every  remedy  and  facility  afforded  them  to  detect,  defeat  favorod" 
and  annul  any  effort  to  defraud  them  of  their  just  rights. 

§  1948.  Courts  of  equity  should  assist  creditors  in  reaching  Equitable 
equitable  assets,  in  every  case  M'here  to  refuse  interference  would  "''''^'^ 
jeopard  the  collection  of  their  debts. 

§  1949.  Creditors  may  attack,  as  ^fraudulent,  a  judgment  or  Attacking 
conveyance,  or  any  other  arrangement  interfering  with  their  ^°''^"'"*''" 
rights,  either  in  law  or  in  equity. 

§1950.  The  creditor  cannot  pursue  the  person  and  property  ofpurgn,„jj 
the  debtor  at  the  same  time,  except  in  cases  specially  provided  for  ^7°  '■^'"^" 
but  the  process  last  sued  out  shall  be  void. 

§  1951.  As  among  themselves,  creditors  must  so  prosecute  their 
own  rights  as  not  unnecessarily  to  jeopard  the  rights  of  others  •  fieX"n.**"^^ 
•  Hence^  a  creditor  having  a  lien  on  two  funds  of  the  debtor  equal- 
ly accessible  to  him,  will  be  compelled  to  pursue  the  one  on  Avliich 
other  creditors  have  no  lien. 

§1952.  To   make  the  follo\ving  obligations   bindino-   on   tbp  ^''"s*"""' 
promiser,  the  promise  must  be  in  writing,  signed  by  the  party  to  ['in!" 
25 


ons 
must 
wri- 


38t)  PT.  2.— TIT.  3.— CHAP.  2.— Otheb  Kelations. 

Article  1. — General  Principle!?. 


be  charged  tlierewitli,  or  some  person  by  him  lawfully  author- 
ized, viz  : 

By  executor,  ].  A  promisc  by  auv  executor,  administrator,  guardian  or  trus- 
tee to  answer  damages  out  of  Iiis  own  estate. 

To  pay  debt      2.  A  prouiisc  to  answcr  for  the  debt,  default  or  miscarriage  of 

of  another.  , 

anotlier. 
Marriage  ').  Auv  agreement  made  upon  consideration  of  marriage,  ex- 

considera-  "   .  .    ,  ,  .       ,      ..  •  i     i 

tion.  cept  marriage  articles  as  herein  l>eiore  provided. 

Sale  of  i.nid.      4.  Auv  contract  for  sale  of  lands,  or  any  interest  in  or  con- 
cerning them. 
Agreements.      5.  Ally  agreement  (except  contracts  with  overseers,)  that  is 
formed,  in  a  not  to  bc  performed  within  one  year  from  the  making  thereof. 
Contracts         6.  Anv  coiitract  for  the  sale  or  gift  of  slaves. 
aboutsaMs.      _    j^       prouiisc  to  rcvivc  a  debt  barred  bv  the  acts  of  limita- 

New  prom-  •  •  .      I 

ise  to  revive  j.:,^.. 
a  debt.  "•^"'• 

Sale  of  goods  '*'•  "'^".^'  coutract  for  the  sale  of  goods,  wares  and  merchandize 
dollars!''  hi  existence,  or  not  in  esse  to  the  amount  of  tifty  dollars  or  more, 
except  the  buyer,  shall  accept  part  of  the  goods  sold  and  actually 
receive  the  same,  or  give  something  in  earnest  t<>  bind  the  bar- 
gain or  in  part  payment. 
Kxception*.  §1953.  Tlic  forcgoing  section  does  not  extend  to  tlie  following 
cases,  viz : 

1.  When  the  contract  has  been  fully  executed. 

2.  Where  there  has  been  performance  on  one  side  accepted  by 
on  one  side.  ^|jg  otiipr  ill  accordaiicc  with  the  contract. 

I'.rt  )erioi-       ^'  Whcrc  there  has  been  such  part  performance  of  the  contract 


Kxecutod 
eontractir. 
Performance 


iiiance 
:imouDtiDg 
to  fraud. 


as  would  render  it  a  fraud  of  the  party  refusi.ig  to  comply  if  the 
court  did  not  compel  a  performance. 


AETICLE  II. 

ACTS  VOID  AGAINST  CREDITORS. 

Section.  ,  Section. 

1954.   A'oid  actss.  1955.  Legal  prefereuce. 

§  1954.  The  following  acts  by  debtors  shall  be  fraudulent  in 
law  against  creditors,  and  as  to  them  null  and  void,  viz : 
Assign-       r  1.  Every  assignment  or  transfer  by  a  debtor,  insolvent  at  the 
trost?  "'     (time,  of  real  or  personal  property  of  any  description  to  any  per- 

For  other  provisions  as  to  "  debtor  and  creditor"'  see  Part  2,  Title  7,  Chapter  7,  "on 
contracts." 


Void  acts. 


PT.  2.— TIT.  ;i— CHAP.  2.— (>thek  Relatione.  387 

Article  2. — Acts  void  against  Creditors. 

/8on,  either  in  tnipt  or  for  the  benefit  <»f  liiniself  or  any  one  or 
,   more  ol"  ]iis  creditors,  or  any  person  appointed  by  him,  to  the  ex-    "' 
elusion  of  any  other  creditor  in  the  equal  participation  of  such'^^' 
property,  unless  such  assignments  or  transfer  is  a  hona  fide  sale,  " 
in  extinction,  in  Avhole  or  in  part,  of  the  debt  of  the  purchaser,    ^^ 
and  without  any  trust  f»r  benefit  reserved  to  the  seller  or  any      / -^ 
Vi^rson  appointed  by  him. 

2.  Every  conveyance  of  real  (.r  jtersonal  estate  by  writing  or  conveyance 
otherwise,  and  every  bond,  suit,  judgment  and  execution,  or  con- *" ''*'^*^' 
tract  of  any  description,  had  or  made  with  intention  to  delay  or 
defraud  creditors,  and  such  intention  known  to  the  partv  taking; 
a  hona  Jide  transaction  on  a  valuable  consideration   and  witliout 
notice  or  grounds  for  reasonable  suspicion,  shall  be  valid. 

o.  Every  voluntary  deed  or  conveyance,  not  for  a  valuable  con-  voin„tar  - 
sideration,  made  by  a  dobtf.r  insolvent  at  the  time  of  such  eon- ^"'"^^y""*'''- 
veyance. 

4.  Every  parol  gift  of  slaves,  where  the  j^ossession  either  jointly,  p^roi  pft  of 
partially  or  entirely  remains  with  the  donor,  or  gift  in  writing  ''''''■^''• 
under  the  same  circumstances,  unless  the  same  be  executed  witli 
the  formality  necessary  to  a  bill  of  sale,  and  recorded  within  one 
year  from  its  execution. 

§1955.  A  debtor  may  prefer  one  creditor  to  another,  and  to  L,„ai pref.r- 
that  end  he  may  hona  fide  give  a  lien  by  mortgage  or  other  legar""'' 
means,  or  he  may  sell  in  payment  of  the  debt,  or  he  may  trans- 
fer negotiable  papers  as  collateral  security,  the  surjjlus  in  such 
cases  not  being  reserved  for  his  own  benefit  or  that  of  any  other 
favored  creditor  to  the  exclusion  of  otlior  creditors. 


388    PT.  2.— TIT.  3.— CHAP.  2.— ART.  3.— Other  Relations. 

Section  1. — Mortirau'cs. 

ARTICLE  III. 

OF  MORTGAGES  AXD  OTHER  LIEXS. 

Section  1.  Mortgages. 
Section  2.  Otlier  liens. 


SECTION  I. 


MO  RK;  AGES. 


"What  is  a 
ni'irtfragi', 


Form  mill 
execution. 


Kegistrv. 


Sectio.v. 
1056.  "What  ii*  a  inort;.,'afrt',  i^e. 

1957.  Form  and  execution. 

1958.  Rejiistiy. 

1959.  Effect  of  failure  to  record. 
19G0.  How  admitted  in  evidence. 

1961.  Defective  record. 

1962.  Record  not  in  time. 
196li.  Probate  of  record. 


Section-. 

19GJ.  Tacking. 

1905.  Mortyajre  to  sureties. 

19«i(;.  Redemption  in  ten  3-ear.s. 

19(J7.  Debts  due  liy  installments. 

19G.S.  Several  distinct  niort<,'age.s. 

19G9.  Claiming  proceeds  of  sale. 

1970.  Purchasers  jriving  bond,  fee. 


§  1950.  A  mortgage  in  this  State  is  only  a  security  for  a  debt, 
and  passes  no  title.  It  may  embrace  all  property  in  possession, 
or  to  which  the  mortgager  has  the  right  of  possession  at  the  time, 
or  may  cover  a  stock  of  goods,  or  other  things  in  bulk  but  chang- 
ing in  specifics,  in  which  case  tlie  lien  is  lost  on  all  articles  dis- 
posed of  by  the  mortgager  uj)  t<»  the  time  of  foreclosure,  and 
attaches  on  the  purchases  made  to  supply  their  j)lace. 

§1957.  No  particular  form  is  necessary  tu  constitute  a  mort- 
gage. It  must  clearly  indicate  the  creation  of  a  lien,  specify  the 
debt  to  secure  which  it  is  given,  and  the  property  upon  which  it 
is  to  take  effect.  It  must  be  executed  in  the  presence  of,  and  at- 
tested by,  or  proved  before  a  Xotary  Public  or  Justice  of  any 
Court  in  this  State,  or  a  Clerk  of  the  Superior  Court,  (and  in  case 
<^»f  real  property  by  one  Dther  witness,)  and  recorded  within  three 
months  from  its  date. 

§  1958.  Mortgages  on  realty  must  be  recorded  in  the  county 
where  the  land  lies;  on  personalty,  in  the  county  Avliere  tlie 
mortgrairer  resided  at  the  time  of  its  execution,  if  a  resident  of 
this  State.  If  a  non-resident,  then  in  the  county  where  the 
mortgaged  property  is.  If  a  mortgage  be  executed  on  person- 
alty, not  Avithiu  the  limits  of  this  State,  and  such  property  is 
afterwards  brought  within  the  State,  the  mortgage  shall  be  re- 


PT.  2.— TIT.  3.— CIIAP.  2.— ART.  3.— Dtiiek  Relations.     389 


Section  1. — Mortpa^s. 


corded  according  to  the  above  rules  within  six  months  after  such 
property  is  so  brouglit  in. 

§1959.  Morti^affcs  not  recorded  within  the  time  required,  re- Effect  of 

1  1  J     A.        ■■  I  failure  to 

main  valid  as  against  the  mortgager,  but  are  postponed  to  all  record, 
other  liens  created  or  obtained  or  purchases  made  prior  to  the 
actual  record  of  tlie  mortgage.  If,  however,  the  younger  lien 
is  created  by  contract,  and  the  party  receiving  it  has  notice  of 
the  prior  unrecorded  mortgage,  or  a  purchaser  has  the  like  no- 
tice, then  the  lien  of  the  older  mortgage  shall  l)e  held  good 
against  theni. 

§1960.  Mortficases,  when  dulv  executed  and  recorded,  shall  be  now  admit- 
admitted  m  evidence  under  the  same  rules  as  registered  deecls.      donee. 

§  1901.  A  mortgage  recorded  in  an  improper  office,  or  without  Defective 
due  attestation  or  probate,  or  so  defectiveh'  recorded  as  not  to 
give  notice  to  a  prudent  inquirer,  sliall  not  l)e  held  notice  to  sub- 
se(]uent  hona  Jide  purcliasers  or  yonnger  liens.     A  mere  formal 
mistake  in  the  record  shall  not  vitiate  it. 

§  1962.  The  due  record  of  a  mortgage,  thougli  not  made  in  Record  not 
tlie  time  prescribed,  is  notice  from  tlie  time  of  record  to  all  the 
world. 

§1963.  All  tlie  rules  prescribed  for  the  probate  of  deeds  to  Probate  for 
land  where  the  Mitnesses  are  dead,  insane,  or  removed  from  the"^*^*^*"^ 
State,  or  to  the  acknowledgment  before  or  attestation  by  consuls 
or  commissioners,  shall  apply  to  the  probate  of  mortgages. 

§  1964.  There  sh'all  be  no  tacking  of  mortgages  in  tliis  State.    Tacking. 

§  1965.  Mortgages  may  be  taken  by  sureties  and  guarantees  to  ^^i^rtgage  to 
indemnity  them  against  loss.  sureties. 

1966.  If  the  possession  of  the  propertv  is  given  to  the  mort- Redemption 

.1  .  ,  '      .     ^         .  ■,  .  in  ten  years. 

gagee,  the  mortgager  may  redeem  at  any  time  within  ten  years 
from  the  last  recognition  by  the  mortgagee  of  such  right  of  re- 
demption. 

§  1967.  If  the  mortgage  is  given  to  secure  several  debts  falling  j)et,ts  due 
due  at  different  times,  the  mortgagee  may  foreclose  when  the  ufenu.'''^'' 
first  becomes  due,  and  the  court  will  control  the  surplus  so  as  to 
protect  the  lien  created  for  the  debts  not  due. 

§  196S.  So  if  there  be  several  mortgagees  of  equal  date  or  em-  several  dis- 
braced  in  the  same  mortgage,  and  one  forecloses,  the  court  will  glTg^ee™''*^ 
control  the  proceeds  of  the  sale  to  distribute  to  the  several  mort- 
gagees according  to  their  claims. 

§  1969.  Property  mortgaged  may  be  sold  under  other  process,  claiming 
subject  to  the  lien  of  the  mortgage.     If  the  mortgage  is  fore-  sales. 


390    PT.  2.— TIT.  3.— CHAP.  2.— ART.  3.— Other  Relatione. 


Section  1. — Mortgages. 


to  lien. 


closed,  tlie  mortgagee  may  place  his  execution  in  the  hands  of 
the  officer  of  the  law  making  the  sale,  and  cause  the  title  unin- 
cumbered to  be  sold,  and  claim  the  proceeds  according  to  the 
date  of  his  lien. 

Purchasers  §  15)T0.  Purchascrs  at  public  sales  of  property  subject  to  the 
to7c°8f)on<i  lien  of  a  uKu-tgage,  shall  give  bond  and  security  in  double  the 
value  thereof  to  the  officer  making  the  sale,  conditioned  not  to 
remove  the  property  out  of  the  State,  and  for  its  forthcoming  to 
answer  to  the  said  lien;  Pravided^  the  mortgagee,  or  his  agent, 
files  with  the  officer  prior  to  the  sale,  an  affidavit  of  the  amount 
due  on  siu-h  mortgage,  and  that  he  apprehends  the  loss  of  said 
property  unless  such  bond  be  taken.  ( )n  failure  to  give  such 
bond,  the  i)roperty  shall  l)e  re-sold  at  the  risk'  of  the  purchaser. 


SECTION  II. 

OTHER  LIENS. 

Section.  Section. 

1971.  Lieu  of  medianics.  1983.  Payment  (if  innoiint  due. 

1072.  Notice  of  other  liens.  I   1984.  Lien  of  mill- wrights  &  machinists. 

1073.  Lien  attaching  to  proceed.s  of  sale.i   1985.  Stonecutters,  Ac. 

1074.  Trial  of  issue.  1986.  Other  liens — how  enforced. 

1975.  Proceedings  on  part  of  mechanic.       10S7.  Lien  of  attornc}',  factor,  &«. 

1976.  How  sued.  1088.  Vendor's  lien  abolished. 

1977.  Effect  of  possession.  1989.  Attorney's  lieu — its  extent  &  effect. 

1978.  Lien  of  other  mechanics.  1990.  Settlement  by  parties. 

1979.  Lien  on  steamboats.  \   1991.  Lieu  by  by-laws. 

1980.  Mode  of  enforcement.  1092.  Oldest  lien  preferred. 

1981.  Issue  how  made.  1993.  Lien  under  charters. 
1082.  Keplcvy.  1001.  Lien  on  rules  absohitc. 

Lien  of  mo-  §  1971.  All  mecliauics  who  have  taken  no  personal  security  there- 
for, shall  have  a  lien  on  every  house,  and  the  premises  to  Avhich  it 
shall  be  attached,  for  work  done  or  materials  furnished  in  build- 
ing or  repairing  such  house.  Which  lien  shall  be  superior  in 
dignity  and  of  higher  claim  than  an}^  other  incumbrance  without 
regard  to  date.  And  such  lien  upon  the  impro\'ements  made  l>v 
the  mechanic,  shall  attach  to  them  M'ithout  regard  to  the  title. 

Noticoof  ^  1972.  Any  person  holding  a  lien  on  such  premises  or  house, 
may  give  notice  to  any  mechanic  about  to  build  or  repair,  l^efore 
the  same  is  commenced,  not  to  proceed  therewith.  After  such 
notice,  the  mechanic's  lien  shall  lie  postponed  for  the  ]>erson  giv- 
inL'  notice. 


otbcr  lions. 


1>T.  L^— TIT.  3.— CHAP.  !>.— ART.  8.— Othek  Relations.     391 


Section  2. — Other  Liens. 


§1973.  If  any  house  or  premises  on  which  there  is  a  inechaTi-Licn  attach- 

o  J  I  ing  to  pro- 

le's lien,  1)0  sold  hy  any  process  from  the  courts  of  this  State,  thef"'is"f  sale 

]>urchaser  sliall  olitain  tlie  full  title  and  the  lien  shall  attach  to 
the  proceeds  of  the  sale,  upon  notice  by  the  niechanic  to  the  offi- 
cer to  hold  the  money  until  the  next  session  (»f  the  Superior 
Court  for  that  ])urpose. 

§1974,  If  the  claim  of  lien  be  disjtuted  by  either  plaintiff  or  Trial  afis- 
defendant  in  the  process  or  decree  on  which  the  money  was 
raised,  an  issue  shall  be  ordered  and  tried  as  other  causes,  and  if 
it  be  determined  a<>;ainst  the  claimant,  he  shall  pay  such  dam- 
ages, not  exceedino;  twenty  per  cent.,  as  the  jury  may  assess, 
with  interest  from  the  date  of  the  notice  to  retain,  and  costs, 

§1975,  The  following  provisions  must  be  complied  with  to  pr<>ce^^,ng, 
make  good  the  meclianic's  lien,  and  on  failure  of  either,  the  lien  ^^".J'hani" 
shall  cease,  viz : 

1.  A  sulistantial  comjiliance  Ity  the  mechanic  with  his  (H»ntract 
for  building  or  repairing  or  materials  furnished. 

2.  The  recording  of  his  claim  of  lien  in  the  clerk's  office  of 
the  county  where  the  land  lies  in  substance  as  follows:  "A.  B., 
a  mechanic,  claims  a  lien  on  the  house,  and  premises  on  which  it 
is  erected,  of  C.  I),  (describing  the  premises)  (for  Imilding,  re- 
pairing, or  whatever  the  claim  may  be)"  within  three  months 
from  the  time  the  same  is  completed. 

3.  Tlie  commencement  of  an  action  for  the  recovery  of  the 
amount  of  his  claim  within  twelve  months  from  the  time  the 
same  sluill  become  due. 

§]97<>.  In  declaring  for  such  debt  the  mechanic  must  set  forth  How  sucj. 
his  lien  and  the  premises  on  which  he  claims  it,  and  if  the  lien 
is  allowed  the  verdict  shall  set  it  forth  and  the  judgment  and 
execution  be  awarded  accordingly. 

§1977,  The  delivery  of  possession  by  the  mechanic  shall  uot  j,-flggtj,f 
effect  his  lien.  '  '  possession. 

§1978.  All  mechanics  shall  have  a  lien   on   all  personal  pro- jjen  of  other 
perty,  manufactured  or  repaired  by  them,  to  the  extent  of  the  •"''^•"'""'^ 
work  done  and  the  materials  furnished;  but  such  lien  shall  cease 
on  the  delivery  of  possession  to  the  owner. 

§1979.  Every  officer  and  employee,  or  the  master  or  guardian  ji^^^j, 
of  any  colored  employee  on  any  steamboat  or  other  water  craft,  ''t*"™^""''^- 
engaged  in  the  navigation  of  any  river  within   the  border  or 
forming  the  boundary  of  this  State,  shall  have  a  lien  of  the 
highest  dignity  upon  the  said  boat  or  craft  for  any  debt,  dues. 


392    PT.  2.— TIT.  3.— CHAP.  2.— AKT.  3.— Other  Eelations. 


Section  2. — Other  Liens. 


wages  or  demands  that  he  may  have  against  the  owner  or  lessee 
of  siicli  boat  or  craft  for  personal  services  in  connection  with  the 
same,  or  for  wood  or  provisions  furnished  to  the  same. 
Mode  of  en-     §  1980.  Sucli  lien  must  be  prosecuted  and  enforced  in  the  fol- 
lowmg  manner  m  substance,  viz : 

1.  There  must  be  a  demand  on  the  owner,  or  agent,  or  lessee 
for  payment,  and  a  refusal  to  pay;  and  such  demand  and  refusal 
must  be  averred. 

2.  It  must  be  prosecuted  witliin  one  year  after  the  debt  be- 
comes due. 

3.  The  person  prosecuting  such  lien,  either  for  himself  or  as 
guardian  of  a  free  person  of  color,  must  make  an  affidavit  before 
a  Justice  of  the  Superior  or  Inferior  Court  of  the  county  in 
which  tlie  boat  or  craft  may  then  lay,  upon  the  same  arriving  at 
the  place  of  destination  to  Avhicli  it  has  been  freighted,  showing 
all  the  facts  necessary  to  constitute  a  lien  under  this  Code  and 
the  amount  claimed  to  be  due.  If  the  amount  claimed  is  under 
fifty  dollars  the  application  may  be  made  to  a  Justice  of  the 
Peace,  who  may  take  all  the  other  steps  hereinafter  prescribed 
as  in  other  cases  in  his  court. 

Issue-how  §1981.  If  the  person  defendant  in  such  execution  or  any 
creditor  of  such  defendant  contests  the  amount  or  justice  of  the 
claim  or  the  existence  of  such  lien,  he  may  tile  his  affidavit  of 
the  fact,  setting  forth  the  grounds  of  such  denial,  which  affidavit 
shall  form  an  issue  to  be  returned  to  tlie  court  and  tried  as  other 
causes. 

Replevy.  §1982.  The  defendant  may  re})levy  the  boat  or  craft  by  giving 

bond  and  security  in  double  the  amount  claimed  for  the  payment 
of  the  eventual  condemnation  money. 

Payment  of       §1983.  If  onlv  a  part  of  the  amount  claimed  is  denied,  the 

amount  due.  i      •         -i         t        i  .  i  i      .  i  /^>  t       •       i     n 

amount  admitted  to  be  due  must  be  paid  before  the  affidavit  shall 

be  received  by  the  officer. 
Liencfmiii-      §198-1:.  All  millwrights  and  builders  of  gold  machines  shall 
machinists!'  have  a  lien  upon  such  mills  and  machines,  of  the  same  dignity 

as  that  given  above  to  persons  employed  on  steamboats,  and  the 

same  may  be  enforced  in  the  same  way. 
Lien  of  stone     §1985.  All  stone  cuttcrs  and  marble  companies  shall  have  a 
marble  com-  similar  licu  on  the  stone  or  marble  cut  and  prepared  by  them,  for 
pauKs.        tiigii-  labor  and  expenses,  and  such  lien  may  be  enforced  in  a 

similar  manner. 


PT.  2.— TIT.  3.— CHAP.  2.— APtT.  3.— Other   Relations.     393 


Section  2. — Otlier  Liens. 


§  1986.  All  persons  having  a  lien  on  personalty  under  any  law  2^^er  Hens 
in  this  State  may  enforce  the  same  in  a  similar  manner,  by  com- forced, 
plying  with   the  requisitions  prescribed  above  for  persons  em- 
ployed on  steamboats,  the  proceedings  to  be  in  the  county  where 
the  property  lies. 

§1987.  The  lien  given  by  the  common  law  to  attorneys,  fac- Liens  of  m- 
tors,  inn-keepers,  pawnees,  carriers  and  others  under  special  cir-to™'uin-"' 
cumstances  (except  the  vendor's  lien)  are  recognized  by  and  may  paX.^^s, 

1  ,•  Till  i>  /^  •  ^  c;irriei-s,  Ac. 

he  entorced  under  the  law  oi  Creorgia. 

§19SS.  The  vendor's  equitable  lien  for  the  i)urchase  monev  of  vendor^ 

'-'         ,  ^  '  ■'  lien  abol- 

lands  is  abolished  in  this  State.  '^hcd. 

§1981).  The  attorney's  lien  shall  attach  for  his  fees  and  for  a  Attorney's 
general  Italance  on  all  sums  collected  by  him,  and  upon  all  pro- t.'nt  and  ef- 
perty  recovered  by  his  services,  and  shall  be  superior  to  all  other 
liens  tliereon.  In  claim  cases  the  attt»rney  causing  the  levy  and 
prosecuting  the  rights  of  the  plaintiff  in  ji.fti.  shall  be  entitled 
to  his  fees  from  the  proceeds  of  the  property  condemned,  although 
older  liens  inay  demand  and  recover  the  proceeds  from  the  im- 
mediate client  of  such  attorney. 

§1990,  Parties  cannot,  by  settlement  lietwcen  themselves,  de-  s.ttiomont 
feat  the  attorney  of  any  lien  or  claim  under  contract  with  his  '-^ '""'"■ 
client  of  which  the  opposite  party  had  notice  prior  to  the  con- 
summation of  such  settlement. 

§1991.  The  by-laws  of  a  corporation  may  create  a  lien  upon  Lien  by  by- 
the  shares  or  other  property  of  the  stockholders  in  favor  of  the 
company ;  such  lien  is  binding  upon  the  corporators  themselves 
and  upon  all  creditors  giving  credit  with  notice,  or  ])urchasers  at 
public  or  private  sale  })urchasing  with  notice. 

§1992.  When  difterent  persons  hold  alien  on  the  same  pro-oi.iestiien 

ttrcforred. 

perty,  and  both  declared  to  be  of  the  same  dignity,  then  the 
oldest  lien  shall  have  the  preference. 

§1993.  All  liens  created  under  the  charters  of  incorporated  Liens  under 
companies  are  continued  under  this  Code. 

§  1991:.  Rules  absolute  granted  against  defaulting  Sheriffs,  Con-  Liens  on 
stables  and  other  officers  under  the  various  provisions  of  this  ["10.*" 
Code,  shall  have  a  lien  on  their  property  from  the  date  of  their 
rendition  similar  to  that  of  judgments  obtained  at  the  same 
term. 


394     FT.  2.— TIT.  3.— CHAP.  2.— AET.  4.— Othek   Rela-hons. 

.Section  1  — How  Discharged. 

ARTICLE  IV. 

INSOLY KNT  J tKJ:'rOH.S. 

Section  1.  IIow  discharged. 

Section  2.  Prison  bounds. 

Section  3.  Property  exempt  IVoui  .sale. 


SECTION  1. 


HOW  1)IS(.'hak(;k]i. 


Debtor  ar- 
rested may 
be  dis- 
charged. 


By  pivinp 
bond,  &c. 


Failure  to 
appear  :it 
court . 


Section. 

1995.  Leblor.s  an-estod.  Ac. 

1996.  By  frivinjr  bond.  kc. 

1997.  Xotice  to  creditors. 

1998.  Schedule. 

1999.  Objections. 

2000.  Trial  of  issue. 


iiKcnos. 

'.'1101.  Verdict  for  objector. 

2002.  Oatli  to  be  taken. 

2003.  Effect  of  discharge. 

2004.  Perjury. 

200r>.  Delivery  of  property. 

200G.  Disposition  of  property. 


Surrender 
by  sureties. 


§19'J5.  Any  debtor  iinalile  to  pay  his  dclits  in  t'ull.  ^\lleIleve^ 
arrested  on  any  process  against  his  pei'son,  either  mesne  or  final, 
may  be  relieved  from  imprisonment  and  future  arrest  for  the 
same  debts  upon  complying  -witli  the  provisions  of  this  section. 

§1096.  lie  shall  tender  to  tlie  c»thcer  arresting  him,  a  bond 
with  good  security,  i)ayable  to  the  ]>laintiif  in  the  process,  and  in 
double  the  amount  of  the  debt,  conditioned  for  his  appearance  at 
the  next  term  after  the  exi)iration  of  twenty  days  of  the  court, 
whence  the  process  issued  (unless  the  same  l»e  a  Justices'  Court, 
and  in  such  case  to  the  Inferior  Court)  then  and  there  to  stand  to 
and  abide  l)v  such  ])roceedings  as  may  l)e  had  relative  to  his 
apjdication  to  take  the  oatli  prescribed.  If  at  such  term  he  fails 
to  appear,  and  no  suthcient  excuse,  to  be  judged  of  by  the  court, 
be  rendered  for  his  absence,  an  order  shall  be  taken  recjuiring  the 
party  and  his  sureties  to  show  cause  at  the  next  term  M'hy  judg- 
ment should  not  be  entered  on  said  bond  for  the  amount  of  the 
plantiff's  demand;  and  if  no  sufficient  cause  be  shown  judgment 
shall  be  so  entered.  The  sureties  shall  not  have  the  right  to 
surrender  their  principal  after  the  first  term,  unless  they  satisfy 
the  court  that  they  exercised  strict  diligence  am]  failed  to  secure 
his  attendance  at  that  term,  and  to  this  end  they  slutll  have  all 
the  pc»\vcr  given  by  laM*  to  special  bail. 


tT.  ii.— TIT.  a.— CHAP.  2.— AltT.  4.— Ojhkk   Relations.     395 


Section  1. — ^How  Discharged. 


^1997.  The  insolvent  debtor  shall  ffive  at  least  ten  days'  no- Notice  t<. 

"  '-^  ''  creditors. 

tice  of  his  intended  application  to  the  arresting  creditor,  and  may 
give  the  same  notice  to  any  other  of  his  creditors,  and  tlie  order 
of  discharge  sliall  set  forth  the  names  of  all  the  notified  creditors. 
A  notice  to  an  attorney  of  record  shall  lie  held  sufficient  notice 
to  his  client,  and  service  on  one  of  a  firm  shall  be  sufficient.  If 
creditors  reside  out  of  the  State,  and  tlieir  claims  are  not  in  suit,  xon-resi- 
notice  by  publication,  once  a  week  tor  two  months,  shall  be  held 
sufficient  to  them. 

§1908.  Every  applicant,  at  least  ten  days  before  the  session  schedule, 
of  the  court,  shall  file  a  schedule  of  all  his  real  and  personal 
estate,  money,  debts,  credits  and  eflPects  in  possession,  or  in  ac- 
tion, or  to  be  enjoyed  in  future,  whetlier  the  same  be  legal  or 
equitable. 

§  1999.  Every  creditor  of  such  applicant  may  appear  and  tile  objections, 
objections  to  the  granting  a  discharge  of  the  applicant  on  either 
of  tbe  following  grounds  : 

1.  A  Millful  failure  to  include  in  tlie  schedule  property  which 
should  be  thus  included  ;  the  creditor  specifying  the  property. 

2.  Any  fraudulent  attempt  by  tlie  ni»])licant  to  defeat  tlie  en- 
forcement of  the  rights  of  creditors. 

.1.  The  loss  by  the  applicant,  at  any  species  of  gaming  or  lot- 
tery, within  twelve  months  before  his  application,  at  any  one 
time,  the  sum  of  one  hundred  dollars,  or  at  different  times  the 
{irrorresrate  sum  of  three  hundred  dollars. 

§2000.  The  objections  filed  shall  constitute  the  issue,  and  shall  Trial  of 
be  submitted  to  a  jury  as  other  causes,  upon  the  trial  of  which 
the  applicant  may  be  sworn  as  a  witness  at  the  instance  of  the 
oi)jector:  and  if  he  refuses  to  answer  any  pertinent  and  legal 
questions,  after  notice  from  the  court,  his  application  shall  be 
refused. 

§  2001.  \i'  the  jury  find  a  verdict  sustaining  the  objection  filed,  verdict  for 
the  court  shall  order  the  applicant  into  the  custody  of  the  SherifiF,  °  ^^'^  °'^' 
to  be  safely  kept  as  provided  by  law,  until  the  debt  of  the  ar- 
resting creditor  is  satisfied,  unless  the  jury  further  find  that  the 
omission  was  not  fraudulent ;  in  which  last  case,  upon  the  de- 
livery of  the  property,  the  defendant  shall  be  allowed  to  take 
the  oath. 

§2002.  If  no  objections  are  filed,  or  if  filed  the  verdict  is  inoathtoba 
favor  of  the  applicant,  the  court  shall  cause  the  following  oath 


396     PT.  2.— TIT.  3.— CHAP.  2.— AET.  4.— Other  Pwelations.  ' 

Section  1. — How  Discharged. 

to  be  entered  on  tlie  minutes,  and  sworn  to  and  subscribed  Ijy 
the  applicant,  viz : 

"  I,  A.  B.,  do  solemnly  swear  (or  affirm,  as  the  case  may  be,) 
in  the  presence  of  Almighty  God,  that  I  am  not  possessed  of  any 
estate,  real  or  personal,  money,  debts,  credits  or  effects,  legal  or 
equitable,  (such  property  as  is  exempt  by  law  from  levy  and  sale 
alone  excepted,)  other  than  is  contained  in  the  schedule  filed  by 
me,  and  that  I  have  not,  directly  or  indirectly,  since  my  arrest 
or  before,  sold,  leased,  assigned  or  otherwise  disposed  of  or  made 
over,  in  trust  for  myself,  or  others  appointed  by  me,  any  part  of 
my  lands,  estate,  goods,  stock,  nione}',  debts  or  credits,  whereby 
I  have  or  expect  any  benefit  or  profit  to  myself,  my  wife  or  my 
heirs.  So  help  me  God." 
Effector  §2003.  After  taking  the  oath,  the  debtor  is  discharged  from 

ist  arpc.    j^j.j.gg^  ^^  ^j^y  ^[yjr^Q  at  the  instance  of  either  of  the  notified  credi- 
toi*s,  and  such  arrest  shall  be  false  imprisonment;  but  his  pro- 
perty remains  subject  to  lev}^  and  sale  for  the  satisfaction  of  their 
debts. 
Perjury.  §  2004.  Willful  and  fraudulent  false  swearing  in   taking  the 

oath  shall  be  perjury. 
Delivery  of       §2005.  Before  taking  the  oath  the  debtor  shall  deliver  into  the 
property.     i-QHYt  ;ill  liis  title  papers  to  lands  returned  in  the  schedule,  within 
his  control ;  and  also  all  notes,  bonds,  contracts,  accounts,  books 
or  other  evidences  of  debts  mentioned  in  the  schedule,  and  shall 
deliver  to  the  Sherift'  all  personal  property  mentioned  therein. 
In  another    If  the  dcbtor  be  arrested  in  a  county  difterent  from  that  whence 
coun  y.       ^1^^  process  issucd,  he  may  deliver  any  personal  property  returned 
in  his  schedule  to  the  Sherifi'  of  the  county  of  his  residence,  who 
shall  hold  it  subject  to  the  order  of  the  court  l)efore  whom  the 
application  is  to  be  made. 
Disposition       §  ^^'OO.  The  court  may  make  such  order  for  the  sale,  or  other 
of  property,  disposition  of  the  property,  or  collection  of  the  debts  returned  in 
the  schedule,  as  in  its  judgment  is  most  beneficial  to  the  credi- 
tors, and  to  this  end  shall  have  all  necessary  power  to  enforce  a 
faithful  discharge  of  duty  by  those  to  whom  such  assets  shall  be 
entrusted. 


FT.  2.— TIT.  3.— CHAP.  2.— ART.  4.— Other  Relations.     397 


Section  2. — Prison  Bounds. 


SECTION  II. 


PRISON  BOUNDS. 


Sectiox. 

2007.  Laid  ofl". 

2008.  Plan  of  bounds. 

2009.  How  to  get  benefit  of. 


ISectiox. 

2010.  For  six  month.':. 

2011.  Sheriff — when  surety. 
I  2012.  .Tailor's  fees. 


§2007.  The  Slieriff  of  every  countv,  under  tlie  direction  ofLai.ioff. 
tlie  Inferior  Court,  sliuU  cause  to  be  surveyed  and  laid  off  around 
every  jail,  in  such  shape  as  may  he  most  convenient,  one  hun- 
dred acres  of  land,  the  houndaries  of  which  shall  he  the  limits  of 
the  prison  hounds,  which  limits  may  he  re-surveyed  and  changed 
by  the  Inferior  Court  at  any  time  within  their  discretion. 

§2008.  A  plan  of  such  hounds  shall  he  returned  to  the  Clerks  p,^n  „f 
of  each,  the  Superior  and  Inferior  Courts  of  the  county,  and  en-^""""^"' 
tered  by  them  upon  their  minutes  as  a  part  of  the  record. 

§2009.  Any  ]>erson  arrested  and  committed  to  jail  for  debt,  How  to  pet 
may  have  the  free  use  and  enjoyment  of  his  liberty  within  the''''"^"*"'" 
limits  of  such  j^rison  bounds,  l)y  tendering  to  the  Sheriff  a  bond 
with  good  security,  payable  to  the  plaintiff  in  the  process,  in 
double  the  amount  of  the  debt  for  which  he  is  arrested,  condi- 
tioned that  he  will  not  pass  over  or  leave  the  boundaries  thus 
laid  off  at  any  time  without  being  legally  discharged.  Upon  a 
violation  of  this  condition,  the  creditor  may  commence  an  action 
upon  such  bond  instantly. 

§2010.  The  privilege  of  prison  bounds  shall  l>e  extended  to  a  For  six 
debtor  imprisoned  for  the  term  of  six  months,  and  no  longer,  upon  "*'" 
the  same  arrest. 

§2011.  If  the  Sheriff  takes  insufficient  security,  he  shall  be  sheriff- 
held  and  bound  as  surety  himself.  '  whcnsure- 

§2012.  If  the  jailor  diets  the  prisoner  when  within  prison  jaiior's  fees, 
bounds,  he  must  look  to  him  alone  for  his  fees. 


398     PT.  2.— TIT.  ;).— CHAP.  2.— ART.  4.— Othkk   Relation.s. 


Section  3. — Property  Exempt  from  Sale. 


SECTIOIs'  III. 

PROPERTY  EXEMPT  EROM  HALE. 


Section. 
2013.  Property  exempt  from  sale. 
2011.  Schedule — wife's  privileges. 


Skctiox. 

2018.  Sale  subject  to  encumbranc 

2019.  Trespass  by  officer. 


2015.  Land — how  laid  ofl".  j  2020.  Alienation  and  encumbrances. 

201G.  Objections — how  tried.  2021.  Settled  on  wife  and  cliildron. 

2017.  Town  property. 

Property  ex-      §2<>lt).  The   followiiig  property  ut"  every  debtor,  who  is  the 

»aie.  liead  of  a  family,  shall  be  exempt  from  levy  and  sale  by  virtue  ol' 

any  ]>rocess  whatever,  under  the  laws  of  this  State ;    nor  shall 

any  valid  lien  be  created  thereon,  except  in  the  manner  herein- 

/•»«>   (/~C(y^'      after  pointed  out,  but  shall  remain  for  the  use  and  benefit  of  the 

i^  ffl^^    V.    Vamily  of  the  debtor : 

1 .  Fifty  acres  of  land,  and  ii\e  additional  acres  for  each  of  hi.s 
or  lier  children  under  the  age  of  sixteen  years.  This  land  shall 
include  the  dwelling-house,  if  the  value  <>f  such  house  and  im- 
provements does  not  exceed  the  sum  of  two  hundred  dollars; 
Provided,  that  none  of  the  above  land  be  within  the  limits  of  a 
city,  toM-n,  or  village,  and  does  not  include  any  cotton  or  wool 
factory,  saw  or  grist  mill,  or  any  other  luachinery  propelled  by 
water  or  steam,  the  value  of  which  exceeds  the  sum  of  two  hun- 
dred dollars ;  And  provided,  also,  that  Bueh  land  shall  not  de- 
rive its  chief  value  from  other  cause  than  its  adaptation  to  agri- 
cultural purposes;  or,  in  lieu  of  the  above  land,  real  estate  in  a 
city,  town,  or  village,  not  exceeding  live  hundred  dollars  in  value. 

2.  One  farm-horse  or  mule. 

3.  One  cow  and  calf. 

4.  Ten  head  of  hogs  and  iifty  dollars  worth  of  provisions,  and 
iive  dollars  worth  additional  for  each  child. 

5.  Beds,  bedding,  and  common  bedsteads  suflScient  for  the 
family. 

G.  One  loom,  one  spinning-wheel,  and  two  pair  of  cards,  and 
one  hundred  pounds  of  lint  cotton. 

7.  Common  tools  of  trade  of  himself  and  his  wife. 

8.  Equipment  and  ^rms  of  a  militia  soldier,  and  troopers 
horse. 

9.  Ordinary  cooking  utensils  and  table  crockery. 

10.  "Wearing  apparel  of  himself  and  family. 

11.  Family  Bible,  religious  works,  and  school  books. 


PT.  2.— TIT.  3.— CliAF.  2.— ART.  4.— Other  Relations.     3^9 
SecUoD  :',. — Property  Exempt  from  Sale. 


12.  Family  jiortraits. 

18.  Tlic  library  (»f  m  ]»r()fe8sional  iiiaTi.  in  ar-tual  ])ractiee  or 
businefts,  not  exfeediuir  three  lnnidre<l  'lolljnv  in  value,  and  to  be 
fielected  by  liinisell". 

§2014.  Every  del>t<»r   ,->eekin_<;  the    benefit    of  the  aet,  or  if  lie  scbedui*— 
refuses,  liib  wife,  or  any  person  aetinir  as  her  next   friend,  shall  iTg^.*  ^  ^ 
make  ont  a  schedule  and  deseriptirm  of  the  jtroperty  claimed  hy 
him  to  be  exemj)t   under  this  law.  and  return  the  same  to  the 
Clerk  of  the  Inferior  Court,  who  shall  rec(»rd  the  same  in  a  book 
to  be  kept  by  him  for  that  purpose. 

§2015.  Upon   application   by  an    insolvent    debtor.it  shall  be i.nn<i—b'.vr 
the  duty  of  the  County  Surveyor,  or  any  other  surveyor,  if  there  " 
be  no  County  Surveyor,  to  lay  ofi"  the  land  allowed  to  his  family 
under  this  law,  and  to  make  a  ])lat  of  the  >-ame.  which  ]»lat  shall 
be  returned  to  the  Clerk  of  the  Inferior  Court,  and    recorded    as 
before  jirovided  for  schedules  returned. 

§2010.  Should  any  creditor,  for  any  cause,  desire  to  dis]tute  objections— 
the  propriety  of  the  survey,  or  the  value  of  the  improvements, 
upon  application  to  the  Inferior  Court,  and  notice  to  the  debtor, 
the  said  court  may  appoint  three  appraisers  to  view  the  survey, 
and  to  value  the  im])rovements,  and  on  their  return  the  said  court 
may  direct  the  surveyor  to  make  such  alterations  as  shall,  in  the 
judgment  of  the  court,  l)e  conformable  to  la^\. 

§2017.  If  the  debtor  owns  town  ytroperty.  exceediuL^  in  value  .j-,„^n  prop- 
tlie  sum  of  live  hundred  dollars,  and  it  cannot  be  so   divided   as''"'-^'* 
to  give  to  his  family  that  amount,  he  may  give  m»tice  to  the  offi- 
cer levying  tlu'reon,  and  Avhen  the  jtroceeds  of  the  sale  are  to  be 
distributed  the  court  shall  order  live  hundred  dollars  of  the  same  rive  hun- 
to  be  invested,  by  some  proper  person,  in  a  home  for  the  family  orpr^cecds. 
of  the  debtor,  which  shall  be  exempt,  as  if  laid  off  under  this  law. 

§  2018.  If,  from  any  cause,  the  land  exempt  has  not  Ijeen  laid  ,,„,,.  guMect 
off  when  the  remainder  is  offered  for  sale,  notice  being  given  of  f,"j|U)fJ^"" 
the  fact,  the  purchaser  will  buy  subject  to  this  encumbrance. 

§  2019.  Any  officer  knowingly  levying  on  or  selling  any  prop-  Trespass  by 
erty  of  a  debtor  exempt  under  this  law,  a  schedule  of  which  has  "*^'"*''"' 
been  returned,  as  required,  is  guilty  of  a  trespass,  and  suit  may 
be  brought  therefor,  in  the  name  of  the  wife  or  family  c»f  the 
debtor,  and  the  recovery  shall  be  for  their  exclusive  use. 

§  2020.  The  debtor  shall  have  no  power  to  alienate  or  encum-  Alienation 
ber  the  property  exempt  under  this  law;  but  the  same  may  bebrances"'"' 
sold  by  the  debtor  and  his  wife,  if  any,  jointly,  with  the  consent 


400     PT.  2.— TIT.  3.— CHAP.  2.— AET.  4.— Other  Relations. 

Section  3. — Property  Exempt  from  Sale. 

of  the  Inferior  Court  of  the  county,  the  proceeds  to  go  to  the  use 
V.  <.  t  of  the  debtor's  family. 

f   ^,     Settled  on    '    §2021.  The  property  exempt  under  this  law  shall  be  for  the 
>->  ^    qiiiijiren.      usc  of  the  wifo  duriug  her  life,  and  at  her  death  be  equally  di- 
""*~  Sy^ided  between  her  children  under  the  age  of  sixteen  years.  — 


S 


i 


ARTICLE  V. 

INTEREST  AXD    USURY. 


Section'. 

2022.  Lawful  interest. 

2023.  Usury. 

2024.  Effect  of  usury. 

2025.  Back  interest. 

2026.  Ze.c  loci. 


Sectiox. 

2027.  Interest  on  judgment. 

2028.  Payment — liow  applied  to  interest. 
2020.  Interest  on  liquidated  demands. 
20,'')U.  On  merchants'  accounts. 


Lawful  in-        §2022.  Lawful  interest  in  this  State  shall  be  at  the  rate  of 

terc'St.  , 

seven  per  cent,  per  annum, 

Hsury.  §  2023.  Usury  is  the  reserving  and  taking,  or  contracting  to  re- 

serve and  take,  either  directly  or  by  indirection,  a  greater  sum  for 
the  use  of  money  than  the  la^^•iul  interest. 

Ettect  of  §  2024.  The  eifect  of  usury  is  to  annul  and  make  void  the  con- 

"*"'•■  tract  for  tlie  usury ;  the  lender  having  the  right  to  recover  the 
principal  sum  loaned,  with  legal  interest.  All  titles  to  property, 
made  as  a  part  of  an  usurious  contract,  or  to  evade  the  laws 
against  usury,  are  void. 

Baek  inter-  §2025.  Interest  from  date,  when  stipulated,  if  the  debt  is  not 
punctually  paid  at  maturity,  may  be  recovered ;  Prov'uhd^  in- 
terest has  not  already  been  included  in  the  principal  amount. 

Lex  loci.  §202«>.  Every  contract  l)ears  interest  according  to  the  law  of 

the  place  of  the  contract,  at  tlie  time  of  the  contract,  unless  upon 

^.         its  face  it  is  apparent  that  the  intention  of  the  parties  referred 

the  execution  of  the  contract  to  another  forum,  in  this  case  the 

law  of  the  forum  shall  govern. 

Interest  on       s  2027.  All  iudgmeuts  in  this  State  bear  lawful  interest  upon 

judgment.        ,  .       .       ,  , 

the  principal  amount  recovered. 
Payment—  §  2028.  When  a  payment  is  made  upon  any  debt,  it  shall  be 
to  interest,  applied  hi'st  to  the  discharge  of  any  interest  due  at  the  time,  and 
the  balance,  if  any,  to  the  reduction  of  the  principal.  If  the  pay- 
ment does  not  extinguish  the  interest  then  due,  no  interest  shall 
be  calculated  on  such  balance  of  interest,  but  only  on  the  princi- 
pal amount  up  to  the  time  of  the  next  payment. 


PT.  2.— TIT.  Ji.— CHAP.  2.— Other  Relations.  401 

Article  6. — Inteie.sl  and  Usurv. 


S2029.  All  liquidated  demands,  where  bv  asreemeiit  or  other- in  west  on 

,  .      *,       '      .  ,  ,       liquidated 

wise  the  suni  to  Ite  ]>!iid  is  hxed  or  certain,  bear  interest  Iroin  the -'"nand". 
time  the  party  is  lial)k'  and  bound   to  ]»ay  them  ;  if  payable  on 
demand,  from  the  time  of  the  demand.     In  ease  of  promissory 
notes  payal)le  on  demand,  the  law  ]>r<>.nni('>  :i  dciuaiKl  instantly, 
and  gives  interest  from  date. 

^2080.  All  accounts  of  merchants,  tra<le^nR'll   and  mechanics,  on  mer- 

*•  1  1        •    1  •  chants  «c- 

which  by  custom  become  due  at  the  end  of  the  y<nir.  bear  interest  eounts. 
from  that  time  u)K)n  the  amount  actually  duo  whenever  ascer- 
taiiKHl. 


CHAPTER  III. 

OF  BAILMKXT.S. 

Aktk;i.k  I.  (TrtMicral  j>rinciples. 

Artulk  2.  Of  carriers  and  herein  of  \i.  \i..  iV:c. 

Akticlk  3.  Of  hiring. 

Aktk  Lie  4.  Of  deposits. 

Articlk  5.  Of  loans. 

Aktk'lk  ♦!.  Of  pledges  or  pawns. 


ARTICLE  1. 

GENERAL  PRINCIPLES. 

Section.  ISectio.v. 

•2031.  Dcliiiitioii.  i  2035.  Kxtraordiiiary. 

2032.  Property  ill  bailee.  1  2036.  Gross  nep:lect. 

2033.  Care  anddilifrcnee.  \  2037.  Burden  of  proof. 

2034.  Ordinary. 

§2031.  A  bailment  is  a  delivery  of  goods  or  j)roperty  for  the  Deflnition. 
execution  of  a  special  object,  beneiicial  either  to  the  bailor  or 
bailee,  or  Ijoth  :  and  upon  a  contract,  express  or  implied,  to  carry 
out  this  ol)ject  and  dispose  of  the  property  in  conformity  witli 
the  purpose  of  the  trust. 

§2032.  In  all  cases  the  bailee,  during  the  bailment,  has  a  right  P'-."P'->ty «" 
to  the  possession  of  the  property,  and  in  most  cases  a  special 
right  of  property  in  the  thing  bailed.     For  a  violation  of  these 
rights  by  any  one  he  is  entitled  to  his  action. 

§2033.  All  bailees  are  required  to  exercise  care  and  diligence  Cire  ami 
in  protecting  and  keeping  safelv  the  thing  bailed.     Different  ^g. '*'"^^'"=*- 
26 


402 


PT.  2.— TIT. 


-CHAP. 


-Othek  Relations. 


Article  1. — General  Principles. 


grees  of  diligence  are  required  according  to  the  nature  of  the 
bailments. 

§  2034.  Ordinary  diligence^  is  that  care  which  every  prudent 
man  takes  of  his  own  property  of  a  similar  nature.  The  absence 
of  such  diligence  is  termed  ordinary  neglect. 

§  2035.  Extraordinary  diligence.,  is  that  extreme  care  and  cau- 
tion which  very  prudent  and  thouglitful  persons  use  in  securing 
and  preserving  their  own  property.  The  absence  of  such  dili- 
gence is  termed  slight  neglect. 

§2036.  Gross  neglect^  is  the  want  of  that  care  which  every 
man  of  common  sense,  how  inattentive  soever  he  may  be,  takes 
of  his  own  property. 

§  2037.  In  all  cases  of  bailments  after  proof  of  loss,  the  l)urden 
of  proof  is  on  the  bailee  to  show  proper  diligence. 


Ordinary. 


Extraordi- 
nary. 


Gross  neg- 
lect. 


Burden  of 
proof. 


AETICLE  II. 


Definition. 


Common 
carrier. 


Liability. 


Carrier  of 
passengers. 


OF  CARRIERS  AND  HEREIN  OF  THE  LIABILITIES  OF  RAILROAD  AND 
STEAMBOAT   COMPANIES. 
I  Section. 
2047.  When  it  exists. 


Section*. 

2038.  Definition. 

2039.  Common  carriers. 

2040.  Carrier  of  passengers. 

2041.  Eflect  of  notice  to  limit. 

2042.  Duty  as  to  reception  of  goods, 

2043.  Time  of  responsibility. 

2044.  For  baggage. 

2045.  For  delay. 


2048.  Estoppel  on  carrier. 
204D.  Lien. 

2050.  On  baggage. 

2051.  Fraud  on  carrier. 

2052.  Limit  as  to  value  of  baggage. 

2053.  What  passengers  may  be  refused. 

2054.  Liability  of  R.  R.  Go's,  as  carriers. 

2055.  When  there  are  several. 


2046.  Stopping  in  transitu. 

§  2038.  Any  person  undertaking  to  transport  goods  to  another 
place  for  a  compensation,  is  a  carrier,  and  as  such  is  bound  to 
ordinary  diligence. 

§  2039.  One  who  pursues  the  business  constantly  or  continu- 
ously for  any  period  of  time,  or  any  distance  of  transportation, 
is  a  common  carrier,  and  as  such,  is  bound  to  use  extraordinary 
diligence.  In  cases  of  loss  the  presumption  of  law  is  against 
him,  and  no  excuse  avails  him  unless  it  was  occasioned  by  the 
act  of  God  or  the  public  enemies  of  the  State. 

§  2040.  A  carrier  of  passengers  is  bound  also  to  extraordinary 
diligence  on  behalf  of  himself  and  his  agents  to  protect  the  lives 
and  persons  of  his  passengers.  But  he  is  not  liable  for  injuries 
to  the  person,  though  he  be  a  slave  (if  such  slave  is  rightfully 
received  by  the  carrier,)  after  having  used  such  diligence. 


PT^^TIT.  8._CHAP.  3.-OTHER   Relations. 


403 


Article  2.— Of  Carriers,  &c. 


§2041.  A  common  carrier  cannot  limit  his  ]e.c.al  liability  by  Effector  no- 
any  notice  given,  either  ])y  publication  or  by  entry  on  receipts  "'''"'""''• 
given  or  tickets  sold.     He  may  make  an  express  contract  and 
M'lll  then  be  governed  thereby. 

§2042.  A  common  carrier,  holding  himself  out  to  the  public  ontv  a,  to 
as  sucli  IS  bound  to  receive  all  goods  and  passengers  offered,  thatroottr^ 
he  IS  able  and  accustomed  to  carry,  upon  compliance  with  such 
reasonable  regulations  as  he  may  adopt  for  his  own  safety  and 
the  benefit  of  the  public. 

§2043.  The  responsibility  of  the  carrier  commences  witli  the 
delivery  of  the  goods,  either  to  himself  or  his  accent  or  at  the '^"-'^"'''*"- 
place  where  he  is  accustomed  or  agrees  to  receive'  them      It 
ceases  with  their  delivery  at  destination  according  to  the  direc 
ti^on^of  the  person  sending,  or  according  to  the  custom  of  the 

§2044.  Tlie  carrier  of  passengers  is  responsible  onlv  for  ba-r-,    , 
gage  placed  in  his  custody,  yet  a  passenger  cannot  relie;e  himself    ^^"''• 
rom  liability  tor  freight  by  assuming  to  take  care  of  his  own 
baggage. 

§2045.  The  common  carrier  is  bound  not  only  for  the  safe  For.., 
transportation  and  delivery  of  goods,  but  also  tllat^he  lame  be 
done  without  unreasonable  delay. 

§204(5.  A  stopp<u,c  in  tranitu  by  the  vendor  or  <-onsi<r„or  .,„„      . 
reheves  the  carrier  from  his  obligation  ,o  .leliver,  nor  !fll"='" 
thenceforward  responsible  for  more  than  ordinary  diligence  in 
the  care  of  the  goods.  •       "r.^"'^''  '" 

§  2047.  The  right  of  ,U,j,j,a<,e  in  transit,,,  exists  whenever  the 
vendor  m  a  sale  on  credit  seeks  to  resume  the  possession  of'oo     S 
while  they  are  .n  the  hands  of  a  carrier  or  middle  man,  in  "the 
transit  to  the  vendee  or  consignee,  on  bis  beaming  insolvent 
U  jmmues  until  the  vendee  obtains  actual  possession  of  the 

§2048.  The  carrier  cannot  dispute  the  title  of  the  person  de  . 
hvering  the  good.s  to  him  by  setting  up  adve,.e  title  i     Wmsetf  ^S" 
or  =.  title  m  third  persons,  which  is  not  being  enforced  aS 

§  2049  The  carrier  has  a  lien  on  tie  goods  for  the  freic^ht  and 
niay  retain  possession  until  it  is  paid,  unless  this  right  -.riied 
by  special   contract  or  actual  delivery.     This   lieit  existsTnl 

I^"n      He":"''    '"  """"""  '"^'  '"^  ^""'-'  -  t«  ^- 
tation.     He  can  recover  pro  mta  for  the  actual  distance  trLs- 


ipn  it  ex- 
ists. 


404 


On  baggajrc 


Fraud  on 
carrier. 


Limit  an  t» 
value  of  bii vi- 
sage. 


What  pas- 
sengers may 
l>«  rofuRt'd. 


Lisbllltv  of 
Ilailroad 
Companlos 
»fi  cnrrioi  k 


When  thin 
are  several. 


PT.  2.— TIT.  ;;.— CHAP,  a.— Othek  Kelation's. 

Article  2.— Of  Carriers,  kc. 

ported  wlien  tire  consignee  volnnturily  receives  tjie  goods  ut  an 
intermediate  ])oiiit. 

§2050.  Tlie  carrier  of  passengers  has  a  lien  ou  the  baggage, 
not  only  for  its  freight  Init  for  the  passenger's  fare. 

§2<.»51.  The  carrier  may  require  the  nature  and  value  of  the 
goods  delivered  to  him  to  he  made  known,  and  any  fraudulent 
acts,  sayings  or  concealment  l)y  his  customers  will  release  him 
from  liability. 

^^2052.  A  carrier  of  ])assengers  may  limit  the  value  of  the 
haiTiXaire  to  be  taken  for  the  fare  i»aid;  in  case  of  loss,  however, 
and  tlittugh  no  extra  freight  has  ]»een  demanded  or  paid,  the 
carrier  is  respoiisil)le  for  the  vtdue  <>f  the  l)agijagc  lost ;  Promdsd^ 
the  same  be  only  such  articles  as  a  traveler  for  business  or  jdea- 
sure  would  carry  for  his  or  her  own  use. 

^  205;->.  (Carriers  of  passengers  may  refuse  to  admit,  or  may 
eject  from  their  conveyances  all  persons  retusing  to  comply  with 
reasonable  regulations,  or  guilty  of  imi»roper  conduct,  or  of  bad, 
dissolute,  doubtful  or  suspicious  characters ;  so  they  may  refuse 
to  convev  persons  seeking  to  interfere  with  their  own  business  or 
interest. 

§2054,  llailroad  companies  arc  CA»iiimoii  carriers,  and  liable  as 
such.  .Vs  su(di  companies  necessarily  have  many  employees  who 
cannot  possibly  control  those  who  sh<»uld  exercise  care  and  dili- 
eence  in  the  runnino-  of  trains,  such  comi)anies  shall  be  liable  to 
such  employees  as  to  pas^engcis  for  injuries  arising  from  the 
want  of  such  care  and  diligence.  If  such  em]»loyees  are  slaves 
the  company  is  liable  to  the  master. 

§  2055.  When  there  are  several  connecting  railroads  under 
dilferent  companies,  and  the  goods  are  intended  to  be  transported 
over  more  than  one  railroad,  each  company  shall  be  responsible 
only  to  its  own  terminus  and  until  delivery  to  the  connecting 
road;  the  last  company  which  liRB  received  the  goods  as  "in 
good  order''  shall  be  respon>iblc  tt*  the  consignee  for  any  dam- 
age, open  or  concealed,  done  to  the  goods,  and  such  companies 
shall  settle  among  themselves  the  <juestion  of  ultinuite  liability. 


«f  -*>^*;«^. »-»'■  ^»  i*  ■*'■•'" 


PT.  2.— TIT.  ;j.— CHAP.  ;>.— OiHfcK  IIelations. 

Article  3. — Of  Hiring. 


405 


ARTICLE  TIT. 


(»K  HIRTN*;. 


Section. 

2056.  CnntrHOt  of  hiring;. 

2057.  Titlf  of  liircT. 

2058.  iJuty  as  to  delivery. 

2059.  Obligations  of  the  Ixiil-.r. 

2060.  Enpagement  of  hirer. 

2061.  Kfteft  of  violation. 

2062.  For  torts — who  may  Hue. 
206H.  Eflect  of  los.s  or  destruction. 

2064.  Hiring  of  slaves. 

2065.  If  ho  runs  a^^•ay. 

2066.  Tf  he  is  siek. 
206".  If  he  dies. 

2068.  Netrleet  in  (•,'<so  of  sickness. 


Skction. 

2069.  Power  and  duty  of   hirer. 

2070.  LiaViility  for  other  employee<<. 

2071.  Otherwise. 

2072.  Removal  out  of  the  State. 
207n.  Rc-letliiip-. 

2074.  Levy  and  sale  of  thine  hired. 

2075.  Hire  of  labor,  ifcc, 

2076.  Rule  of  duty. 

2077.  Title  to  thinp,  &r. 
207 S.  Labor  on  shares. 
2079.  Possession. 

20*<0.  Loss  or  destruetion. 

2081.  (Jenerallv  an  entire  contracl. 


5j2(>r><I.    Hiriiii;  is  a  contrjict   bv  wliicli   <»jie  person  ffrants  tOcontraetof 
anotlier  either  tlie  enjoyment  ul"  a  tliii)Lr  or  tlie  use  of  tlie  labor  '""^ 
and  indnstrv,  cither  of  himself  or  hi.s  slave,  dnrin<y  a  certain  time, 
for  }i  stijnilatcd  compensation,  (tr  where  one  contracts  for  the 
labor  or  services  of  another  about  a  thinir  btiiled  to  him  f(r»r  a 
specified  ])urpose. 

§2(>r»T.  The  hirer  of  things  acquires  a  qualified  ownership  of  Title  of 
them  for  the  time,  -vvhich  entitles  him  t»>  all  their  increase  and  to^'*^**^ 
the  possession  and   enjoyment   of   tliem,   duriui:  tlie    jieriod   of 
bailment,  against  even  the  owner  himself. 

^20r)8.  The  contract  mav  be  for  the  return  <)f  the  thinj;  or  of,,  . 

"^  •  _  f^  Dnty  as  to 

like  property  of  the  same  kind  and  quality.  In  "the  former  case  *'^"''*'7' 
the  risk  of  death  or  inevitable  accident  is  with  the  bailor,  and  he 
can  re-take  possession  immediately  at  the  expiration  of  the  time 
of  hiring.  In  the  latter  case  the  risk  is  with  the  bailee,  and  he 
7mist  deliver  the  thing  hired  before  the  bailor's  interest  is  re- 
vested. 

§2059.  The  obligations  of  the  bailor  of  things  are  to  do  no  act  owigations 
to  deprive  the  hirer  of  the  use  and  enjoyment  of  the  chattel  "^*^*'^'^'*""' 
during  the  period  of  the  bailment ;  to  keep  the  thing  in  suitable 
order  and  re])air  for  the  purposes  of  the  bailment :  and  to  war- 
rant the  right  of  possession,  and  that  the  thing  bailed  is  free  from 
any  secret  fault  rendering  it  unfitted  for  the  purpose  for  which  it 
is  hired.  ^ 

§20e)0.  The  engagements  of  the  liirer  of  things  are  to  put  the  Kngagement 
thing  to  no  other  use  than  that  for  which  it  is  hired  ;  to  take  or-"^        ""■• 


406  FT.  2.— TIT.  3.— CHAP.  3.— Othek  Relations. 

Article  3.— Of  Hiring-. 

dinaiy  care  in  its  use ;  to  re-deliver  at  the  expiration  of  the  bail- 
ment ;  and  to  comply  generally  with  the  terms  of  the  hiring.  If 
the  bailor  sends  his  own  agents  with  the  thing  bailed,  as  a  driver 
for  his  horse,  then  the  hirer  is  bonnd  either  to  the  bailor  or  to 
third  persons,  only  for  the  consequences  of  his  own  directions  and 
for  gross  neglect. 
Eflfectof  §2061.  For  a  violation  of  the  engagements  of  either  party,  the 

other  may  abandon  the  contract;  and  in  case  the  hirer  puts  the 
thing  to  a  different  use,  the  bailor  may  sue  as  for  a  conversion, 
even  though  the  hirer  be  an  infant. 
For  torts-       §2062.  For  an  interference  witli  the  possession,  tlie  right  of 
sue.     "      action  is  in  the  hirer ;  for  any  injury  to  the  property,  or  any  in- 
terference w^ith  his  rights  of  property,  the  bailor  also  has  his  right 
of  action. 
Effectofioss      §2063.  The  loss  or  destruction   of  the  thing  hired,  without 
"ionf^^"*^    fault  on  the  part  of  the  hirer,  puts  an  end  to  the  bailment,  and 

the  hirer  should  pay  only  for  tlie  time  it  was  enjoyed. 
Hiring  of         §2064.  In  a  contract  for  the  hire  of  slaves,  the  hirer  acquires 
no  title  or  property  in  the  slave,  but  only  the  right  to  the  use 
and  enjoyment  of  the  labor,  skill  and  industry  of  the  slave  for 
the  time  of  the  bailment.     Hence  the  increase  of  the  slave  be- 
longs to  the  master,  and  he  is  responsible  for  physician's  bills, 
unless  the  necessity  for  medical  treatment  arose  from  the  fault  or 
neglect  of  the  hirer. 
If  he  runs         §2065.  If  a  slave  ruus  awav  from  the  hirer,  he  must  pay  the 
*^-^'         hire  in  full,  unless  such  was  a  habit  of  the  slave  and  not  commu- 
nicated to  the  hirer  at  the  time  of  the  contract.     If  he  is  not  in 
default,  the  fact  that  the  slave  is  runaway  releases  him  from  the 
obligation  to  re-deliver  at  the  expiration  of  the  term. 
If  he  is  sick     §2066.  If  a  slave  loses  time  from  sickness,  the  hirer  is  entitled 
to  no  abatement  of  the  hire,  unless  the  disease  be  one  to  which 
the  slave  was  previously  subject,  and  the  fact  not  communicated 
„.  to  the  liirer. 

ifhedies.  §2067,  If  a  slave  dies  duHug  the  time  for  which  he  is  hired, 
and  from  no  fault  or  neglect  of  the  hirer — the  onus  to  prove 
which  is  on  the  hirer — he  is  bound  only  for  hire  to  the  time  of 
his  death. 
Neglect  in  §2068.  To  fail  to  Call  for  medical  treatment,  when  accessible 
case  of  sick-  ^^^^  needed,  will  be  held  gross  neglect  by  the  hirer ;  and  for  this 
purpose  the  hirer  is  agent  for  the  owner  so  far  as  to  bind  him  for 
such  medical  attendance.     In  all  such  cases  it  is  the  dutv  of  the 


ness. 


FT.  2.— TIT.  3.— CHAP.  3.— Other  Relations.  407 

Article  3.— Of  Hiring. 

hirer  to  communicate  to  the  owner  the  condition  of  the  slave, 
and  the  fact  of  medical  treatment  beincr  required,  and  to  follow 
strictly  his  instructions  in  regard  thereto.  A  failure  to  do  this, 
when  practicable,  Avill  entitle  the  master  tc»  recover  the  physi- 
cian's bill  from  the  hirer. 

§  2069.  The  hirer  of  a  slave  has  tlie  ri<:ht,  and  is  bound  to  con-  Power  and 
trol  him  as  a  master  during  the  time  for  which  he  is  hired.  He  hirer, 
is  bound  to  provide  him  with  necessary  food,  clothing  and  lodg- 
ing; to  require  only  ordinaiy  labor  from  him;  and  neither  by 
himself  nor  his  agents  unnecessarily  to  expose  or  cruelly  to  treat 
him  ;  and  such  hirer  is  liable  to  the  master  for  all  injuries  to  the 
slave  arising  either  from  the  neglect  or  willful  misconduct  of  his 
agents  to  the  slave  while  under  the  control  of  such  agents. 

§  207<>.  The  hirer  of  a  slave  is  liable  in  damages  to  the  master  Liability  for 
for  any  injury  to  the  slave  arising  from  the  negligence  or  unskill- pioyees. 
fulness  of  other  employees  of  the  hirer  engaged  in  the  same  ser- 
vice. 

§2071.  In  other  respects  the  obligations  and  engagements  of  otherwise, 
the  bailor  and  hirer  of  slaves,  are  the  same  with  the  bailor  and 
hirer  of  things  before  specified. 

S2072.  jS^o  hirer  of  things  has  a  riijht  to  remove  such  things  Kemovai 

1  1     1        •       •     1-      •  i>    1  •       o  ,  «     ,      outofthe 

beyond  the  jurisdiction  ot  this  btate,  except  by  consent  of  the  state,  &c.. 
bailor,  nor  to  remove  a  slave  to  another  portion   of  this  State, 
when  such  removal  might  endanger  the  health  of  the  slave,  nor 
to  put  the  thing  hired  to  any  hazardous  use,  unless  specially  con- 
tracted for. 

S  2073.  No  hirer  of  a  thing  has  the  rifflit  to  re-let  or  hire  the  Ke-ietting. 
thing  bailed  to  anotlier.  except  with  the  consent,  express  or  im- 
plied, of  the  bailor.  In  such  case  the  bailor  may  either  take  im- 
mediate possession  of  tlie  thing  bailed,  or  he  may  waive  this  right 
and  hold  the  hirer  bound  to  extraordinary  care  and  diligence  on 
the  part  of  himself  and  tlie  hirer  from  him. 

§2074.  A  thing  liired  is  not  subject  to  sale  under  judgment  Levy  on 
obtained  subsequent  to  the  contract  of  hire  against  the  owner,  '^'°° 
but  may  be  levied  on  and  a  bond  for  its  forthcoming  at  the  expi- 
ration of  the  time  for  which  it  is  hired,  may  be  demanded  of  the 
person  hiring ;  Provided,  the  time  of  hiring  does  not  exceed  one 
year. 

§2075,  The  hire  of  labor  or  services  is  the  essence  of  every  Hire  of 
bailment  in  which  goods  are  delivered  to  another,  and  coinpen- '"''"""' ''''*'■ 
sation  paid  for  care,  attention  or  labctr  bestowed  upon  them.     It 


408 


PT.  2.— TIT.  3.— CHAP.  3.— Other  Relations. 


Article  3. — Of  Hirin'?. 


Rule  of  duty 


Title  to 
thing  on 
which  labor 
is  bestowcfl, 


includes  the  contracts  of  forwarding  and  commission  merchants, 
factors,  wliartingers,  mechanics,  and  all  agents  in  such  transac- 
tions. 

§  2076,  In  ail  such  cases  the  bailee  is  not  only  bound  to  exer- 
cise skill  in  tlie  labor  and  worlc  bestowed,  but  it  is  a  part  of  the 
contract  tliat  he  shall  exercise  ordinary  care  and  diligence  in 
keeping  and  protecting  the  articles  entrusted  to  him. 

§  2077.  In  such  cases,  if  the  identical  article,  tlK»ngli  materially 
changed  by  the  labor  bestowed  is  to  be  returned,  the  title  remains 
in  the  bailor.  If  the  bailee  furnishes  a  portion  of  the  materials, 
the  title  to  the  entire  structure  is  in  the  pai'ty  fui-nishing  the 
larger  portion  of  the  materials.  If  the  bailor  furnishes  materials 
— such  as  silver  for  plate — but  the  contract  does  not  contemplate 
the  use  of  that  material  specially — then  the  title  is  in  the  bailee, 
to  the  article  made  nntil  it  is  delivered. 

§  2078.  If  materials  are  tarnished  to  be  manufact  ui"ed  on  shares, 
the  title  remains  in  the  bailor  nntil  the  delivery  to  hiui  of  Ids 
}iortion  of  the  manufactured  goods. 

§2079.  The  bailee,  for  hire  of  labor  and  services,  is  entitled  to 
the  possession  of  the  thing  bailed,  pending  the  bailment.  He 
has  also  a  special  lien  upon  the  same  f(r»r  liis  labor  and  services, 
nntil  he  parts  with  possession ;  and  if  he  delivers  up  a  part,  the 
lien  attaches  to  the  remainder  in  his  ])ossession  for  the  entire 
claim  under  the  same  contract. 

§  2080.  If  the  thing  bailed  for  labor  and  services  be  destroyed 
without  fault  on  the  part  of  the  bailee,  the  loss  falls  upon  the 
bailor,  and  the  bailee  may  demand  compensation  f(»r  the  labor 
expended  and  materials  used  upon  it. 

§2081.  As  a  general  rule,  the  contract  of  bailment  is  an  entire 
contract,  and  a  full  perfornumce  is  a  condition  precedent  to  an 
action  upon  it. 


Labor  on 
shares. 


Possession. 


Lion. 


Loss  or  dc 
Btmctlon. 


Generally 
ftn  entire 
eontract. 


FT.  2^TIT.  0.— CHAP.  ;;.— Othek  IIei.ations.  409 

Article  4. — Of  Deposits. 

ARTICLE  TV. 


OF  HKPOSITS. 


•Sectiox. 

2082.  Definitioii. 

2083.  Voluntnrr  or  invoIiiiit;ir' 

2084.  Bank  of  (lepo.«iit. 
.2085.  Carryiuf^  (]ei)osit. 
208C.  Kc-dclivcry. 

2087.  Using  deposits. 

2088.  Ro-imbiirsen)pntH. 
•2089.  Deposit  for  liin.-. 
-^090.  Factor's  lion. 
2091 .  AVarchoiisonieii. 
'209-2.   ^VlinrMiifT-c.r. 


Skctiox. 

2003.  Inn. 
',  2094.  Liability  of  inn-kcop.^r. 

209ri.  Guests. 
I   2096.  Liability  of  inn-keeper  fffp  ^fXHls. 

2097.  Proof. 

2098.  Deposit  of  valuables. 

2099.  Presumption  of  law. 

2100.  Duty  of  inn-kce|)er. 

2101.  His  lien. 

2102.  K.-e|.er  <.f  li\crv  .vfubl.-. 


g2tl82.  AVIkmi  cljnttels  are  delivcivd  l.y  cue  pei-sci.  to  another  Definition 
•to  keep  for  the  use  of  the  ])ai]or,  it  is  called  a  deposit;  t]i(>  deposi- 
tary may  undertake  to  keep  it  without  reward,  or  trratuitously,  it 
as  then  a  naked  deposit;  if  he  receives  (.re.xpects  a  reward  or  hire, 
he  IS  tlien  a  depositary  for  liire:  very  variant  conseciuenees  fol- 
low the  diii'erence  in  the  contract. 

§  2083.  A  person  may  voluntarilv  undertake  to  he  a  dei^sitarv,  Voiuntarv 
K^r  he  may  heeome  so  involuntarily,  as  l.y  findin-;  if  a  naked  de- tJry" '"'""- 
^lositary,  he  is  responsible  only  for  cross  ne,ffligence.  Liability. 

§2084.  Deposits  of  money  in  a  bank  do  not  constitute  a  case  Bank  dep<« 
ot  naked  deposit,  the  use  of  the  ni..ney  bein-  a  valuable  eonside-"" 
ration.     A  special  deposit  of  u  sealed  ].ac-ka-e  of  monev  Mould 
be  a  naked  de])osit. 

§2085.   Tf  on(>,  in  addition  t<.  sale  kcci.iu.ir,  undertakes  crratuit- earning d.- 
onsly  to  carry  money,  or  other  articles,  to  anothei-  place,  his  lia-'^"''*"' 
bility  is  the  same  as  that  of  a  naked  depositary. 

§208(j.  A  naked  depositary  may,  at  an v  time,  terminate  the  K.-dciiverr 
baihnents  by  a  re-delivery  of  the  articles  to  the  baih.r. 

§2087.  A   naked  depositary  may  not  use  the  deposit,  without  ^-^j^  ^^ 
increasing  his  responsibility,  unless  such  use  is  necessaiy  for  its  i^"'"'"^-  ' 
preservation,  or,  from  the  circumstances,  the  consent  of  the  de- 
positor may  be  reasonably  presumed. 

§2088.  A  naked  depositary  is  entled   to   be  re-imbursed  all  i:e-imbu,-.e- 
eharges  and  expenses  incurred  by  reason  of  the  deposit,  and  may""*'' 
retain  possession  until  the  same  are  paid. 

§208Jl  Depositaries  tor  hire  are  bound  to  exercise  ordinaiy  ,,.,,, ^  ^. 
o&re   and  diligence,  and  are  liable  as  in  other  eases  of  bailment '^'-- 


410  PT.  2.— TIT.  3.— CHAP.  3.— Other  Kelations. 

Article  4. — Of  Deposits. 

for  hire ;  they  liave  a  lien  also  for  their  hire,  and  may  retain  pos- 
session until  it  is  paid. 

Factor'siien.  §2090.  A  factor's  lien  cxtcnds  to  all  balances  on  general  ac- 
count, and  attaches  to  the  proceeds  of  the  sale  of  goods  consigned, 
as  M'ell  as  to  the  goods  themselves.  Peculiar  confidence  being^ 
reposed  in  the  factor,  he  may,  in  the  absence  of  instructions,  ex- 
ercise his  discretion  according  to  the  general  usages  of  the  trade; 
in  return,  greater  and  more  skillful  diligence  is  required  of  him,. 
and  the  most  active  good  faith. 

Warehouse-  §2091.  A  Warehouseman  is  a  depositary  for  hire,  and  is  Ijound 
only  for  ordinary  diligence;  a  failure  to  deliver  the  goods,  on  de- 
numd,  makes  it  incumbent  on  him  to  show  the  exercise  of  ordi- 
nary diligence. 

wharfliigir.  §  2092.  A  wharfinger  is  also  a  depositary  for  hii-e,  and  liable 
upon  the  same  principles. 

Inn,  §2093.  Under  the  term  "inn"  the  hiw  includes  all  taverns,  ho- 

tels, and  houses  of  public  general  entertainment  for  guests. 

Liability  of       §2094.  Au  inn-kccper  is  a  depositary  for  hire,  but   from  the 

inn-keeper.  pg(,^^}j.^.  m^turc  of  his  busincss,  his  lialjility  is  governed  by  more 
stringent  rules. 

Guests.  §  209r>.   All  persons  entertained  for  hire  at  an  inn,  or  tavern,  or 

hotel,  are  guests. 

Liability  of       §2096.  Au  iuu-keeper  is  bound  to  extraordinary  diligence  in 

fo?BtoiTir  preserving  the  property  of  his  guests,  entrusted  to  his  care,  and 
is  liable  for  the  same,  if  stolen,  wliere  the  guest  has  complied 
with  all  reasonable  rules  of  the  inn. 

Proof.  §2097.  It  is  not  necessary  to  show  actual  delivery  to  the  inn- 

keeper. Depositing  goods  in  a  public  room,  set  apart  for  such 
articles,  or  leaving  them  in  the  room  of  the  guest,  or  placing  a 
horse  in  the  stable,  is  a  delivery  to  the  inn-keeper;  if,  however, 
the  guest  delivers  his  goods  to  a  servant  under  special  charge  to 
him  to  keep  the  same,  the  inn-keeper  is  not  lialile  therefor. 

Deposit  of  §  209S.  The  inn-keeper  may  provide  an  iron  safe,  or  other 
place  of  deposit  for  valuable  articles,  and  by  posting  a  notice 
thereot^  may  require  his  guests  to  place  such  valuable  articles- 
therein,  or  he  will  be  relieved  from  responsibility  for  them. 

Presump-         §  2099.  In  casc  of  loss,  the  presumption  is  want  of  proper  dili- 

aw.  o-ence  in  the  landlord.     Xeslisrence  or  default  by  the  jj-uest  him- 

self,   of  Avhich  the  loss  is  a  consequence,  is  a  sutficient  defence. 

The  inn-keeper  cannot  limit  his  liability  by  a  public  notice;  he 

may  adopt  reasonable  regulations  for  his  own  protection,  and  the 


FT.  2.— TIT.  a.— CHAP.  3.— Other  Relations.  411 


Artide  4. — Of  Deposits. 


publication  of  sucli  to  liis  guests  binds  them  to  comply  there- 
with. 

§  2100.  The  inn-keeper  who  advertise^^  liiinself  as  such,  is  l)ound  Duty  of  inn- 
to  receive,  as  far  as  he  can  accommodate,  all  persons  offering  "'^"'^' 
themselves  as  guests,  of  good  character,  and  who  are  willing  to 
comply  with  his  rules.  Persons  entertaining  only  a  few  indi- 
viduals, or  simply  for  the  accommodation  of  travelers,  are  not 
inn-keepers,  but  simply  depositaries  for  hire,  bound  to  ordinary 
diligence. 

§  2101.  The  inn-keeper  has  a  lien  on  the  goods  of  all  his  guests  His  uen. 
for  all  his  reasonable  charges,  and  may  retain  possession  until 
they  are  paid ;  his  lien  attaches  though  the  guest  has  no  title,  or 
even  stole  the  property,  and  the  true  owner  must  pay  the  charges 
upon  that  specilic  article,  before  receiving  the  same. 

§2102.  The  keeper  of  a  livery  stable  is  a  depositary  for  hire,  Keeper  of 
and  is  bound  to  the  same  diligence  and  entitled  to  the  same  lien  '^"^* 


as  an  inn-keeper. 


ARTICLE  Y 

OF  LOANS. 
Sectiox.  :  Section. 


2103.  Division  of  Loani*. 

2104.  Loan  for  use. 

2105.  For  whose  benefit. 

2106.  Dilip:ence. 


2109.  What  revocable. 

2110.  Necessary  charges. 

2111.  Increase. 

2112.  Loans  to  niarned  women. 


2107.  Borrower  no  title.  2113.  How  used 

2108.  Not  transferable.  1   2114.  Death  of  parties. 

§  2103.  Loans  are  of  two  kinds — for  consumption  or  for  use.    A  Division  of 
loan  for  consumption  is  where  the  article  is  not  to  be  returned  in 
specie,  but  in  kind ;  this  is  a  sale,  and  not  a  bailment. 

§2104.  A  loan  for  use  is  the  gratuitous  grant  of  an    article  Loan  for  use. 
to  another  for  use,  to  be  returned  in  specie,  and  may  be  either  for 
11  certain  time,  or  indefinitely,  and  at  the  will  of  the  grantor. 

§2105.  A  loan  is  generally  entirely  for  the  benefit  of  the  bor- ^<""  ^'>o*<' 
rower,  but  sometimes  it  is  for  the  joint  benefit  of  the  lender  and 
borrower,  and  occasionally  for  the  exclusive  benefit  of  the  lender, 
as  where  one  lends  a  horse  to  another  to  transact  business  for  the 
lender ;  in  the  two  latter  cases  the  responsibility  of  the  borrower 
is  varied  and  less  stringent,  according  to  tlie  circumstances  and 
purpose  of  the  loan. 


412 


PT.  2.— TIT.  a.— CHAP. 


-Othei;    Kelations. 


Article  5. — Loans. 


Diligfincf. 


Jiorrower  n< 
title. 


Not  trnns- 
tf'erablc. 


Kot  subject 
to  levy  nnd 
sale. 


When  Tf  vo- 
<!abla 


Xecessaiy 


'IncTfosf. 


Loans  to 
married  wo 
.m«n. 


How  used. 


Death  of 
parties. 


§  210f).  The  borrower  iisiiallv  is  bound  to  exercise  extraordi- 
njiry  care  and  diligence,  and  is  lial)le  for  slight  neglect. 

§  210T.  The  borrower  acquires  no  property  in  the  thing  loaned, 
but  only  the  right  to  possess  and  nse  it.  For  any  interference 
witli  that  right  he  may  maintain  an  action. 

§210^;.  A  loan  being  for  the  personal  benetit  niid  use  of  the 
borrower,  he  cannot  transfer  tlie  possession  to  another  without 
the  coTiscMit,  express  or  implied,  of  the  lender.  iren<'(\  if  the  loan 
be  for  a  definite  time  the  borrower  lias  no  such  interest  as  is  sub- 
ject to  levy  and  sale. 

^2109.  Tlie  lender  may  not  revoke  a  loan  for  a  definite  time 
BO  long  as  the  borrower  meets  fully  his  engagements.  .\  loan  at 
will  or  indefinitely  may  be  revoked  at  any  time. 

§2110.  A  loan  being  gratuitous,  the  borrower  must  meet  all 
necessary  charges  and  expenses  in  preserving  and  taking  care  of 
the  property  during  the  time  of  the  loan.  If  however,  extraor- 
dinary expenses  be  necessary  to  protect  the  jiroperty  from  de- 
struction, the  lender  must  reimburse  the  borrower  such  expenses. 

§  2111.  The  increase,  except  by  s|»ccial  contract,  belongs  to  the 
lender. 

§2112.  By  consent  of  the  husband  a  loan  may  be  made  to  a 
married  woman.  In  such  case,  the  husband  is  bound  as  if  he 
was  the  borrower,  but  has  no  control  over  the  property. 

§2113.  The  loan  must  be  used  strictly  for  the  purpose  and  in 
the  manner  contemplated  by  the  parties  in  contract.  A  viola- 
tion by  the  borrower  is  in  law  a  conversion. 

§  2114,  The  death  of  the  lender  terminates  all  indefinite  loans 
or  loans  at  will  or  pleasure.  It  does  not  terminate  a  loan  for  a 
definite  time.  The  death  of  the  borrower  terminates  all  loans  to 
him. 


ARTICLE  \\. 


I'LKDGKS  OR  PAWNS. 


"What  !(= 


Sectio.v. 

2115.  What  i.s. 

2116.  Pledge  of  note<. 

2117.  Sale  of  pawnip. 

2118.  Use  of  goods  pawned. 

2119.  Property  in  goods  pawned. 


Sbotiox. 

I   2120.  Trau.^fer. 

'   2121.  Sale  iindc-r  execution. 

!  2122.  Liability  of  pawnee. 

1  2123.  Necessary  expenses. 

I   2124.  Increase. 


§  2115.  A  pledge  or  pawn  is  property  deposited  with  another 
as  security  for  the  ]iayment  of  a  deT)t.     Delivery  of  the  property 


^'J-  -•— Til.  ;.. — CRAt.  '6, — Othek  Relationb.  4ia 


Article  6. — PledgCB  or  Pawns. 


:oo<l» 


'rop.rty  in. 


is  essential  to  this  bailment,  but  pn.juissory  ii.^tes  and  evidences 
of  debt  niay  be  delivered  in  ]>led^ro.  Tl.c  deliverv  of  title  dee.ls 
creates  no  ]»lcdi>'e. 

riWiS.  Tl.c  receiver  in  pledge  ..r  pawn  ..J'  proniissorv  notes  is,,  ,      , 
»neh  a  hma  iidr  holder  as  will  protect  him  under  the  same  eir-'^"'"'^'" 
cum8tan<es  a>  a  i)urchaser  from  the  e.juities  l,etween  the  parties 
but  not  from  the  true  owner  if  frandnlcntly   transferred   thouo-li 
without  notice  to  him. 

§2117.   Thei)awnee  may  sell   the  jM-nperty  received  in  pledge ^„,  ^ 
after  the  debt  l)ecomes  due  and  renniins  unpaid  ;  but  he  must  al- 1^''^"^^^- 
ways  give  notice  for  thirty  days  to  the  J. aAvner  of  his  intention 
to  sell,  and  the  .ale  must  be  in   ]mbHc.  fairlv  conducted   and  t.. 
the  highest  l)idder,  uidess  otherwise  provided  by  contract. 

§211S.   The].awneemayusethe  goods  pawned,  provided  thereof. 
use  does  not  ]mi>air  their  real  value.     He  has  a  lien  on  them  for'""^"*'^ 
the  money  advanced,  though  not  for  other  debts  due  to  him.  lie-in,. 
may  retani  po.session  until  his  lien  is  satislied,  and  has  a  right  of 
action  against  any  one  interfering  therewith. 

§211<«.  The   general   property    in    the   goods    remain   in   the,, 
pawner,  but  the  pawnee  has  a  special  property  lor  the  purposes S 
ot  the  badment.     The  death  of  neither  party  interferes  with  their 
respective  interests. 

§2120    The  pawnee  may  transfer  his  debt,  and  with  it  posses- ,,.„,, , 
sion  ot  the   thing  pawned,  and  the  i.urchaser  stands  prec-iselv  in 
his  situation. 

§2121.  Property  in  pawn  maybe  seized  and  sold  under  execu- 
tion against  the  pawner,  hut  upou  notiee  by  the  ]>awnee  to  the'--^- 
levying  othcer,  the  court  in  distributing  the  proceeds  will  recojr- 
mze  his  hen  according  to  its  dignity,  and  give  such   direction  I. 
the  funds  as  shall  protect  his  legal  rights. 

§  2122.   The  pawnee  is  ],ound  for  ordinary  care  and  .liligence 
It  the  property  pledged  be  promissory  notes  or  other  evidences'-- "" 
ot  debt  the  i-awnee  must  exercise  ordinarv  diligence  in  (X)llect- 
ing  and  securing  the  same. 

§2123.  The  pawner  must  pay  all  necessary  expenses  and  re- . 
pairs  upon  the  property,  but  if  the  pawn  has  itself  been  pro^- '^-■"^"■• 
able,  or  it  the  pawnee  has  used  it  to  his  own  advantage  the 
pawner  may  re<pure  him  to  account  for  such  profits  '    ' 

§2124.    All    increase    of  property    in    pawn    behmc^s    t,.    the 


pawner 


il4  PT.  2.— TIT.  3.— CHAP.  4.— Othee   Kelations. 

Article  1. — Of  the  Contract. 

CHAPTEK  TV. 

OF  PRINCIPAL  AND  SURETY. 

Article  1,  Of  the  contract. 

Article  2,  Relative  rights  of  creditor  and  surety. 

Article  3,  Rights  of  surety  against  23riiicipal. 

Article  4.  Rights  of  sureties  among  tliemselves. 

Article  5.  Rights  of  sureties  as  to  third  persons. 


ARTICLE  I. 

OF  THE  CONTRACT. 

Sectiox.  [Section. 

2125.  What  ooiiHtitiUcs  suretyship.  2127.   Stridi  juris. 

2126.  The  nature  of  the  obligation.  I  2128.  Form  immaterial. 

What  con-        §2125.  The  contract  of  suretysliip  is  tliat  whereby  one  obli- 

turetyship.  gates   himself  to  pay  tlie   debt  of  another  in  consideration  of 

credit  or  indulgence,  or  otlier  benefit  given  to  his  principal,  the 

principal  remaining  botiiid  therefor.     It  difiers  from  a  guaranty 

in  this,  that  the  consideration  of  the  latter  is  a  benefit  flowing  to 

the  guarantor. 

The  nature       §2126.  The  obligation  of  the  surety  is  accessary  to  that  of  his 

gation.        principal,  and  if  the  latter  from  any  cause  becomes  extinct,  the 

former  ceases  of  course,  even  though  it  be  in  judgment.     If, 

however,  the  original  contract  of  the  principal  was  invalid  from 

a  disability  to  contract,   and  this  disability  was  known  to  the 

surety,  he  is  still  bound. 

strictijuri.'^     §  2127.  The  contract  of  suretj'^ship  is  one  of  strict  law,  and  his 

liability  will  not  be  extended  by  implication  or  interpretation. 
Formimma-      §2128.  The  form  of  the  contract  is  immaterial,  pro\^ded  the 
fact  of  suretyship  exists;  hence  an  accommodation  endorser  is 
considered  merely  as  a  surety. 


PT.  2.— TIT.  :i— CHAP.  4.— Other  Relations.  ilfi 


Article  2.— Relative  Rig-hts  of  Creditor  and  Surety. 


AllTICLE  II. 

RELATIVE  RIOHTS  OF  CREPITOR  AXI»  SURETY. 

Section.  JSectiox. 

2129.  Efiect  of  release.  '   2i:!4.  Iloldin;;  to  i);ii]  of  surety. 

2130.  A  change  in  contract.  i   21. ^..j.  ExfendiuK  liability. 

2131.  Of  risk.  1  213G.  Promise  in  ignorance. 

2132.  Tender  of  surety.  2137.  Process— how  sued  out 

2133.  Xolice  to  sue.  I 

§2129.  Tlio  creditor  may  release  or  eoini)onnd  witli  tlie  surety  Kffoctof  re- 
without  releasing  the  principal,  but  the  release  of,  or  compound-  ''"'^' 
ing  with  one  surety,  discharges  a  co-surety. 

§  2180.  A  change  of  the  nature  or  tenns  of  a  contract  is  called  a  change  ..r 
a  novation;  such  novation,  without  the  consent  of  the  surety/""*"''*' 
discharges  him. 

§2131.  Any  act  of  the  creditor,  either  before  or  after  judg- ^^^  Hsk. 
ment  against  the  principal,  which  injures  the  surety,  or  increases 
his  risk,  or  exposes  him  to  greater  liability,  Avill  discharge  him; 
a  mere  failure  by  the  creditor  to  sue,  as  soon  as' the  law  allows, 
or  negligence  to  prosecute  with  vigor  liis  legal  i-emedies,  unless 
for  a  consideration,  will  not  release  the  surety. 

§2132.  The  surety  may  tender  to  the  creditor  the  amount  of  Tender  by 
his  debt,  and  demand  that  the  evidence  ot;  and  securities  for  the '"'"*'''■ 
same,  be  delivered  up  to  him,  to  be  enforced  against  his  principal 
or  co-sureties,  and  a  failure  of  the  creditor  to  comply,  when 
within  his  power,  shall  operate  to  discharge  the  surety. 

§2133.  Any  surety,  guarantor,  or  endorser,  at  an/ time  after  Notice  to 
the  debt  on  which  he  is  liable  becomes  due,  may  give  notice  in  '"'■ 
writing  to  the  creditor,  or  his  agent,  or  any  person  having  pos- 
session or  control  of  the  obligation,  to  proceed  to  collect  the 
same  out  of  the  principal  or  any  one  of  several  principals  liable 
therefor,  and  if  the  creditor  or  holder  refuses  or  fails  to  com- 
mence an  action  for  the  space  of  three  months  after  such  notice 
(the  principal  being  within  the  jurisdiction  of  this  State,)  the 
endorser,  guarantor  or  surety  giving  the  notice,  as  well  as  all 
subsequent  endorsers  and  all  co-sureties,  shall  be  discharged. 

§2134.  Any   surety,  guarantor  or  endorser,  desiring  "to  have  Holding  to 
his  principal  held  to  bail,  may  make  affidavit  before  any  one  au- ty'"^ '"'"'" 
thorized  to  administer  an  oath,  stating  the  fact  of  his  suretyship, 
guarantee  or  endorsement,  and  the  contract  on  which  he  is  liable,' 
and  that  he  has  reason  to  apprehend  that  the  payment  of  said 


416 


FT.  2.— TIT. 


-CHAP.  4. — (JriiEK  Kklations. 


Extending: 
liability. 


Pi-omiso  in 
ignoranco. 


Process — 

how  BU<>(I 

out 


Article  2. — Relative  Rights  of  Creditor  and  Suretj'. 


debt,  or  some  part  tliereof,  will  devolve  upon  him,  unless  his 
principal  is  held  to  bail;  upon  such  affidavit  being  presented  to 
the  creditor,  oi-  his  agent  or  attorney  bedding  sncli  contract,  it 
shall  be  his  duty  to  commence  suit  tbrtlnvith,  and  such  affidavit 
V)eing  tiled  with  the  petition  shall  operate  as  the  affidavit  of  the 
plaintiif  in  other  cases ;  upon  failure  of  the  creditor  to  sue  on 
such  affidavit  being  presented  as  above  set  forth,  the  surety,  guar- 
antor or  endorser  shall  be  discharged. 

§  2185.  The  creditor  must  pursue  his  remedy  against  the  sure- 
ty within  the  time  ])rescri]jed  by  law,  and  no  payment  or  promise 
h\  tlu;  ])rincipal  or  by  a  co-surety  can  extend  the  obligation  of 
tlie  surety  or  the  remedy  of  the  creditor  against  him. 

§2 1. ''><».  Tf  by  any  act  of  the  cretlitor  the  surety  is  disehargedy 
and  in  ignorance  of  the  fact  of  such  discharge,  the  surety  promi- 
ses to  pay,  such  promise  shall  not  be  binding. 

§2187.  AVhen  the  fact  of  sin-etyshii)  appears  on  the  face  of  the- 
contract,  the  creditor  shall  sm-  out  procos  and  enter  up  judgment 
wirainst  him  as  su<'li. 


AKTIOLE  III. 


KliiHTS  OF  Sl.'HKTV    ACAIX.ST  l'l!lX(nPAI.. 


Skction. 

2138.  Proce«.s  agaiu.st  prim'ipal. 

2139.  For  money  paid. 

2140.  EfVoct  of  judp:nu'nl  surety. 

2141.  Paynieut  of  usur}-. 

2142.  Foreclosure  of  mortoagf. 
214:i.  Proof  of  suretysViip. 
2144.  After  jud,2:nient. 


Process 
against  prin 
(■ipal. 


For  nioiifv 
l»ai(L 


Eflect  of 
judfrment  r*. 
surety. 


Section. 
2145.  Control  o{  jL/a 
■J  1 40.  When  sued  seperately. 

2147.  Payment  pending  the  action. 

2148.  Contribution. 

2149.  Control  by  endor.'^er. 

2100.  ifo//a  _/((/(' purchaser  protected. 


J>  2138.  A  surety  or  indorser  is  entitled  to  the  process  of  at- 
tachment, or  n£  exeat,  against  his  principal  before  payment  of  the 
debt  under  the  same  circumstances  as  any  other  creditor. 

§  2130.  Payment  by  a  surety  or  endorser  of  a  debt  past  due, 
entitles  him  to  proceed  immediately  against  his  principal  for  the 
sum  paid,  with  interest  thereon,  and  all  legal  costs  to  which  he 
may  have  been  subjected  by  the  default  of  his  principal. 

§2140.  If  the  payment  was  made  under  judgment,  and  the 
principal  had  notice  of  the  pendency  of  the  suit  against  the  surety, 
the  amount  of  such  judgment  shall  be  conclusive  against  the 
principal  as  to  the  amount  for  which  the  sm-ety  was  bound.     If 


PT.  2.— TIT.  ;;.— CHAP.  4.— (hi.'KK   Kki-ahons.  417 

Aitide  ?,. — Bights  of  Surety  against  Principal. 

the  payment  was  not  made  under  jndgment.  the  principal  may 
dispute  the  validity  of  the  payment  as  to  the  amount,  or  as  to 
the  comjtetency  of  the  person  to  wljom  it  was  paid. 

§2141.   If  tlie  contract  was  originally  usurious,  and  the  surety  payment  of 
inpayment  includes  the  usury,  he  shall  recover  the  same  from"*"^""^' 
the  principal,  unless  i>revious  to  the  payment,  he  had  notice  of 
the  intention  of  the  ])rincipal  to  resist  such  usury. 

§2142.  If  the  prin(,'ipal  executes  any  mortgage  or  gives  other  Foreclosure 
security  to  the  surety  or  endorser  to  indemnity  him  against  loss"  ™*"'**^** 
by  reason  of  his  suretyship,  the  surety  or  endorser  may  proceed 
to  foreclose  such  mortgage,  or  enforce  such  other  lien  or  security 
so  soon  as  judgment  shall  be  rendered  against  him  on  his  con- 
tract. 

§  214*5,  If  the  fact  of  suretyship  does  not  appear  on  the  face  of  Proof  of 
the  contract,  it  may  be  proved  by  parol,  either  before  or  after  judg-  *"''**y''^'P- 
ment,  the  creditor  not  being  delayed  in  his  remedy  by  such  col- 
lateral   issue  between  the  principal  and  his  surety.     If  before 
judgment,  the  surety  shall  give  notice  to  the  ]trincipal  of  his  in- 
tention to  make  sucli  proof 

§2144.  If  judgment  has  been  rendered  without  such  proof,  the   , 

"  *',      "^-  -i  '  After  jmlg- 

surety  shall  give  at  least  ten  days'  notice  to  his  ])rincipHl  of  his™<'"^ 
intention  to  apply,  at  the  next  term  of  the  court  where  the  judg- 
ment was  entered,  to  make  such  proofs,  and  to  have  the  fact  of  his 
suretyship  entered  of  record,  together  with  an  order  for  the  con- 
trol of  such  judgment  and  execution  there  are  against  the  princi- 
pal on  payment  of  the  same  by  him. 

§  214:5.  Any  surety  on  the  original  contract,  or  on  stay  of  ex-  control  of 
ecution,  or  an  appeal,  or  in  any  other  way,  or  the  representative'^' '''*■ 
of  a  deceased  surety,  who  shall  have  paid  oft"  or  discharged  the 
judgment,  or  execution  in  whole  or  in  part,  and  shall  have  the 
fact  of  such  payment  by  him  entered  on  such  execution  by  the 
plaintirt"  or  his  attorney,  or  the  collecting  ofticer,  shall  have  the 
control  of  such  execution,  and  the  judgment  upon  which  it  is 
founded,  to  the  same  extent  as  if  he  was  the  original  plaintiff' 
therein,  and  be  subrogated  to  all  the  rights  of  such  plaintiff',  for 
the  purpose  of  reimbursing  himself  from  his  princij^al. 

§  2146.  If  the  surety  be  sued  separately  from  his  principal,  on  ^.^^^  ^,,^^ 
payment  by  him  of  the  judgment  against  him,  he  sliall  be  entitled  ^^'p-imteiy. 
to  control  the  judgment  and  execution  against  his  principal  in 
the  same  manner  as  if  the  judgment  and  execution  were  joint, 
and  if  he  does  not  appear  as  surety  in  the  judgment  against  him, 


418 


PT.  2.— TIT.  3.— CHAP.  4.— Other   Relations. 


Article  3. — Rights  of  Surety  jigainst  Principal. 


Payments 
pending  thi 
action. 


Contribu- 
tion. 


Control  \>y 
jnflorRcr.  " 


he  may  give  notice  and  make  the  proof  and  obtain  the  control  in 
the  same  manner  as  pointed  out  in  cases  of  joint  judgments. 

§  2147.  If  the  surety  pay  off  the  debt  pending  the  action  against 
the  principal  and  himself,  or  against  the  principal  alone,  such 
payment  shall  operate  only  to  cause  the  action  to  proceed  for  the 
benefit  of  such  surety,  and  the  judgment  may  be  entered  in  the 
name  of  the  original  plaintiff  for  the  use  of  such  surety. 

§  2148.  All  the  foregoing  provisions  shall  apply  to  cases  w^here 
there  arc  more  than  one  surety,  so  as  to  enable  a  surety  discliarg- 
ing  tlie  joint  debt,  in  whole  or  in  part,  either  pending  the  action 
or  after  joint  or  several  judgments,  to  control  the  same  against 
his  co-sureties  for  the  purpose  of  compelling  them  to  contribute 
their  respective  shares  of  the  amount  so  paid  by  him. 

§  2149.  Every  endorser,  who  shall  pay  off  and  discharge  the 
debt  on  which  he  is  endorser,  either  pending  the  action  or  after 
judgment,  wlietlier  the  judgment  be  joint  against  the  principal 
and  all  tlie  endorsers,  or  several  against  such,  shall  be  entitled  to 
control  the  judgment  and  executions  founded  thereon  against  the 
principal  and  nil  prior  endorsers,  in  tlie  same  manner,  upon  the 
same  proof,  and  under  the  same  circumstances,  as  has  been  herein 
provided  in  tlie  case  of  sureties ;  and  if  such  endorser  shall  collect 
the  same  of  a  prior  endorser,  such  prior  endorser  shall  have  the 
same  control  of  the  judgment,  or  judgments,  against  the  princi- 
pal, and  any  endorser  prior  to  him. 

§2150.  When  the  surety  does  not  appear  to  be  such  in  the 
judgment  and  execution,  the  lien  of  such  judgment,  when  con- 
trolled by  the  surety,  shall  not  interfere  with  lona  fide  purcha- 
sers without  notice  from  the  principal,  \vhose  rights  were  vested 
before  the  order  sjiving  control  to  the  surety  was  granted. 


Btynafide 
purchasers 
i)rotoctcfi. 


PT.  L'.— TIT.  3.— CHAP.  4.^(>TiiKK   Relations.  419 

Artlde  4. — Bighte  of  Sureties  among  themselves. 


ARTICLE  IV. 

HIGHTS  OF  SURETIES  AMONG  THP^MSKLVKS. 

;5B(mo\.  i  Section. 

2151.  Right  fif  contribution.  .   215.1.  Duty  to  account. 

2152.  Interest  thereon.  2154.  ..Ve  prwf  at  instance  of  svirety. 

§2151.  Where  several  are  sureties  for  the  same  principal,  forKiphtofoo 
the  panie  sum  of  money,  cither  by  one  or  by  distinct  instruments, 
and  one  pays  more  tlian  an  equal  share  of  the  sum,  he  may  com- 
pel contrilmtion  from  his  co-sureties.  If  one  of  the  co-sureties  be 
insolvent,  the  deficiency  in  his  share  must  be  borne  equally  by 
the  solvent  sureties. 

§2162.  The  sum  recovered  as  contribution  bears  interest  from  j^^^^^^ 
the  time  it  was  paid  by  the  surety.  ;ind  shall  be  deemed  and  held ''''''■^**"- 
a  liquidated  demand. 

§2153.  A  surety  suing  for  contribution  must  lirst   account  for  Duty  t* 
all  money  or  other  thing  received  from  the  principal  to  indem- 
nity him  against  loss  ;  and  if  he  has  paid  the  entire  debt,  he  may 
compel  his  co-suretv  to  transfer  to  him   anv  mortifage  or  other  Transfer  of 

i-  •  •  ~    ~  securities. 

security  taken  from  the  princijnal  for  the  protection  of  such   co- 
surety by  relieving  him  of  all  liability  for  contribution. 

§2154.  (Jne  of  several  sureties  upon  a  debt  not  due,  or  a  bond  a>  er^at  at 

1  ...  .  Ti'i  •  1'    1  111  1         *^h6  inBtance 

or  other  ohhgation  not  yet  complied  with,  or  it  the  debt  be  clue  of » unrety. 
it  remain^  unpaid,  may,  by  writ  of  lie  e,c<'at^  detain   a  co-surety 
seeking  to  remove  beyond  the  jurisdiction   of  the  State,  until 
their  joint  obligation  is  discharged. 


ARTICLE  \. 

mOllTS  OF  SURETIES  AS  TO  TlTTllD  PERSONS. 

■Section.  'Section. 

215r>.  Suiirc)t;;itioii.  |   2156.  As  to  sureties. 

§2155.  A  surety  mIio  has  paid  the  debt  of  his  principal  is  sub- subroga- 
rogated  both  at  law  and  in  equity  to  all  the  rights  of  the  credi- 
tor, and,  ill  a  controversy  with  other  creditors,  ranks  in  dignity 
the  same  as  the  creditor  M'hose  claim  he  paid. 

§2150.  He  is  entitled  also  to  be  substituted  in  place  of  the  ^^j*^  *="* 
<*reditor  as  to  all  securities  held  by  him  for  the  payment  of  the 
debt. 

For  the  summary  remedy  afforded  a  surety  to  compel  contribution  from  his  co-su- 
xetio.o,  and  an  endorser  .luainst  prior  endorsers,  see  preceding  article. 


420 


PT.  2.— TIT.  3.— CHAP.  5.— Othek  Relations. 


Article  1. — Relation  of  Principal  and  Auent  amoni;:  themselves. 

CHAPTER  Y. 

OF  PRIXCIPAL  AND  ACrEXT. 

Article  1.  Relation  of  principal  and  agent  among  themselves, 

Aktk^.le  2.  Rights  and  liabilities  of  principal  to  third  persons. 

Article  3.  Rights  and  liabilities  of  agent  to  third  persons. 

Aktk.'LE  -i.  Of  overseers. 


How  it 
arises. 


What  may 
V»e  done  by 
agent. 


Who  may 

be  agent. 


How  the 
agency  is 
created. 


ARTICLE  I. 

RKLATION  OF  PRINCIPAL  AND  AGENT    AMONG  THEMSELVKS-- 


Skctiox. 

2157.  How  it  arises. 

2158.  What  may  be  done  by  af^ent. 

2159.  Who  may  be  afi;ent. 

2160.  How  the  agency  is  created 

2161.  Revocation. 

2162.  Agent  limited. 

2163.  Diligence  of  an  agent. 


Sectio.v. 

2165.  Personal  profit. 

21G6.  Estoppel. 

21G7.  Agent  of  several. 

2168.  Commission  and  expenses. 

216.0.  Illegal  purpose. 

2170.  Effect  of  ratification. 

2171.  Of  mingling  goods. 


2164.  Agent  cannot  buy  or  sell^  Ac. 

§2157.  The  relation  of  pnncipal  and  agent  arises  wherever 
one  person,  expressly  or  by  implication,  authorizes  another  to  act 
for  him,  or  subseqnently  ratifies  the  acts  of  another  in  his  behalf. 

§2158.  Whatever  one  may  do  himself  may  be  done  by  an 
agent,  except  such  personal  trusts  in  whi(;h  special  confidence  is- 
placed  in  the  skill,  discretion,  or  judgment  of  the  person  called 
on  to  act;  so  an  agent  may  not  delegate  his  authority  to  another^ 
unless  specially  empowered  so  to  do. 

^2159.  Any  person  may  be  appointed  an  agent  who  is  of 
sound  mind;  so  a  principal  is  l)ound  b}-  the  acts  of  his  infant 
agent,  but  a  feme  covert  cannot  be  an  agent  for  another  than  her 
husband,  except  by  his  consent,  in  which  case  he  is  bound  by  her 
acts ;  and  a  slave  cannot  1  )e  an  agent  for  any  one  except  his  mas- 
ter or  employer. 

§  2160.  The  act  creating  the  agenc}'  must  be  executed  with  the 
same  formality  (and  need  have  no  more)  as  the  law^  prescribes  for 
the  execution  of  the  act  for  which  the  agency  is  created.  A  cor- 
poration may  create  an  agent  in  its  usual  mode  of  transacting 
l)usiness,  and  without  its  corporate  seal. 

(^2161.  Generally,  an  agency  is  revocable  at  the  will  of  the 
principal.     The  appointment  of  a  new  agent  for  the  performance 


PT.  2.— TIT.  3.— CHAP.  5.— OxiiKJt   Eelations.  421 

Article  1. — Relation  of  Principal  and  Agent  among  themselves. 


of  the  same  act,  or  the  death  of  either  principal  or  agent,  revokes 
tlie  power.  If,  howevei-,  tlie  power  is  coupled  with  an  interest 
in  the  agent  himself,  it  is  not  revocable  at  will ;  and  in  all  cases 
the  agent  might  recover  from  the  principal  f(»r  an  unreasonable 
revocation  any  damages  he  may  have  suifered  by  reason  thereof 

§2102.  The  agent  must  act  within  tlie  authority  granted  to  Agent  limi- 
diim,  Reasonably  interpreted;  if  he  exceeds  or  violates  his  instruc- authority^ 
tions,  he  does  it  at  his  own  risk,  the  principal  having  the  privi- 
lege of  affirming  or  dissenting,  as  his  interest  may  dictate.  In 
•cases  where  the  power  is  conpled  with  an  interest  in  the  agent, 
unrcib^mable  instructions,  detrimental  to  the  agent's  interest,  may 
ibe  disregarded. 

§21Go.  An  agent  for  hire  is  bound  t<»  exercise,  about  tlie  l)usi- Diligence  of 
iiess  of  his  principal,  that  ordinary  care,  skill,  and  diligence,  re-''"'^"'*- 
■quired  of  a  1)ailce  for  hire.     A  voluntary  agent,  without  hire  or 
a-eward,  is  liable  only  for  gross  neglect. 

^21(54.  Without  the  express  consent  of  the  principal,  after  a  Agent  can- 
full  knowledge  of  all  the  facts,  an  agent  employed  to  sell  cannot  ""ii  fo7hT«- 
be  himself  the  purchaser,  and  an  agent  to  buy  cannot  be  himself '""^' 
the  seller. 

§Ln():>.  The  agent  must   not  make  a  personal  protit  from  his  p,„ona! 
principal's  property  ;  for  all  such  he  is  bound  to  account.  p'^'^°-  " 

§2100.  An  agent  cannot  dispute  his  pricipal's  title,  except  inE,,„pp„ 
•Buch  cases  where  legal  proceedings.  !it  the  instance  of  others. 
Jiave  been  commenced  against  him, 

^  §2107.  Where  several  persons  appoint  an  agent  to  do  an  act  Agent  of 
for  their  joint  benefit,  the  instructions  of  one,  not  inconsistent  '"'^''"'^■ 
with  the  general  directions,  shall  protect  the  agent  in  his  act. 

§2108.  An  agent  who  has  discharged  liis  duty  is  entitled  to  o.mmission 
aus  commission,  and  all  necessary  expenses  incurred  about  the^ef  ^'"" 
^business  of  his  principal;  if  he  has  violated  his  engagements,  he 
is  entitled  to  no  commission. 

§2109.  Xo  rights  can  arise  to  either  party  out  of  an  agency  iiie.ai  pur- 
.created  for  an  illegal  i)urposc.  "  p"***- 

§2170.  A  ratification  by  tlie  principal  relates  back  to  the  act  Effect  of 
ratified,  and  takes  eftect  as  if  originally  authorized.     A  ratifica- ™*''^''''"*"'- 
tion  may  be  express  or  implied  from'  the  acts  or  silence  of  the 
principal.     A  ratification  once  made  cannot  be  revoked. 

§2171.  An  agent  by  willfully  mingling  his  own  goods  with  o.  „i,.iio. 
tnose  ot  ins  principal  does  not  create  a  tenancy  in  common,  but  §*'<"^*- 
af  incapable  of  separation,  the  whole  belongs  to  tlie  principal. 


422 


PT.  2.— TIT.  3.— CHAP.  5.— Other  Relation^. 


Article^2. — Rights  and  Liabilities  of  Principal  as  to  Third  PersoHS. 


w 


AETICLE  II. 

RIGHTS   AND  LTABILITIKS  01-'  FRIXCIPAr;  TO  THIPJ»  PERSONS. 


ISkction. 

2172.  Principal — how  far  bound. 

2173.  Forms  immaterial. 

2174.  p]xteat  of  authority. 

2175.  Failing  to  disclose  principal. 

2176.  Credit  given  to  agent. 

2177.  Representation  by  agent. 

2178.  Notice  to. 


Section. 

;   2179.  Principal  bound  for  neglect.  &c: 

\   2180.  Injuries  by  another  agent. 

2181.  Trespass  of  agent. 

2182.  Benefit  of  contract  to  pi-incipal'. 
218:j.  Money  illegally  paid,  &c. 
218t.  Agent  is  a  competent  wivne.s.s. 


Principftl- 
how  far 
boond. 


Forms  im- 
materiaL 


Bxtent  of 
aothority. 


Failing  to 

disclose 

principal. 


Credit  given 
to  agent 


Representa- 
tions by 
agent. 


Notice  to. 


Principal 
bound  for 
neglect  and 
fraud. 


Iqjaries  by 

another 

•grent 


§2172.  The  jn-incipal  is  bound  by  all  the  acts  of  his  agent 
within  the  scope  of  his  authority;  if  the  aj^ent  exceeds  his  au- 
thority the  principal  cannot  ratify  in  part  and  repudiate  in  ])art.. 
he  must  adopt  either  the  whole  or  none. 

§  2173.  The  form  in  which  the  agent  acts  is  immaterial ;  if  the^ 
principal's  name  is  disclosed,  and  the  agent  professes  to  act  for- 
him,  it  will  be  held  to  be  the  act  of  the  principal. 

§  2174.  The  agent's  authority  will  be  construed  to  include  all 
necessary  and  usual  means  for  effectually  executing  it.  Private 
instructions  or  limitations,  not  known  to  persons  dealing  with  a 
general  agent,  cannot  affect  them.  In  special  agencies  for  a  par- 
ticular purpose,  persons  dealing  with  the  agent  should  examine- 
his  authority. 

§  2175.  If  an  agent  fails  to  disclose  his  principal,  yet,  wheus 
discovered,  the  persons  dealing  with  the  agent  may  go  directly 
upon  the  principal,  under  the  contract,  unless  the  principal  shall' 
have  previously  accounted  and  settled  with  the  agent, 

§  2176.  If  the  credit  is  given  to  the  agent  by  the  choice  of  the- 
seller,  he  cannot  afterwards  demand  payment  of  the  principal. 

§2177.  The  principal  is  bound  by  all  representations  made  by 
his  agent  in  the  business  of  his  agency,  and  also  by  his  willful 
concealment  of  material  facts,  although  they  are  unknown  to  the 
principal,  and  known  only  by  the  agent. 

§2178.  Notice  to  the  agent  of  any  matter  connected  with  his 
agency,  is  notice  to  the  principal. 

§2179.  The  principal  is  bound  for  the  care,  diligence,  and 
fidelity  of  his  agent  in  his  business,  and  hence  he  is  bound  for 
the  neglect  and  fraud  of  his  agent  in  the  transaction  of  such 
business. 

§2180.  The  principal  is  not  liable  to  one  agent  for  injuries- 
arising;  from  the  neclisrence  or  misconduct  of  other  aorents  about 


PT.  2.— TIT.  3.— CHAP.  5.— Othkk   RELAnoNS. 

Article  2. — Rights  and  Liabilities  of  Principal  as  to  Third  Persons. 

the  same  business :  the  exception  in  case  of  a  slave  has  been  pre- 
viously stated. 

§  2181.  The  principal  is  not  liable  tor  the  willful  trespass  of  his  ivespassof 
agent,  unless  done  by  his  command  or  assented  to  by  him.  "^*'"*" 

§  21 82.  The  principal  shall  have  advantage  of  his  agent's  con-  Benefit  of 
tracts  in  the  same  manner  as  he  is  bound  by  them,  so  far  as  they  pri'ndpai." 
come  within  the  scope  of  his  agency.     If  however,  the  agency 
has  been  concealed,  the  party  dealing  with  him  may  set  up  any 
defence  against  the  ])rincipal  which  he  has  against  the  agent. 

§2183.  The  i)rincipal  may  recover  back  money  paid  illegally,  MoDpy  nie 
or  by  mistake  of  his  agent,  or  goods  wrongfully  transferred  by  Ac/" 
the  agent,  the  })arty  receiving  the  goods  having  notice  of  the 
agent's  want  of  authority  or  willful  misconduct. 

§2184.  The  agent  is  a  competent  witness  either  for  or  against  Agent  is  a 
his  principal,  notwithstanding  he  may  strictly  come  within  the  witness* 
rule  of  incompetency  from  interest.  His  interest  goes  to  his 
credit.  The  declarations  of  the  agent  as  to  the  business  trans- 
acted by  him,  are  not  admissible  against  his  principal,  unless 
they  were  a  part  of  the  negotiation,  and  constituting  tlie  rex 
gesta'e^  or  else  the  agent  be  dead. 


% 


ARTICLE  III. 

HKiUTS  AXl)  l,lA!5ir,lTIE8  OF  AGENTS  AS  TO  TIllHI'  I'KRSONS. 

Section.  iSEcniox. 

2185.  Agent  may  act  iiiRlor  this  Code.  &c  I   2189.  When  responsible  tor  (Mwlit.  vte. 

2186.  Money  paid  by  mistake,  *c.  2190.  Public  agent. 

2187.  When  he  has  right  of  action.  2191.  Liability  for  excess  of  authority. 

2188.  Forinterferenoe  with  his  possession!   2192.  Enforcing  contracts,  Ac. 

§2185.  Any  act  authorized  or  required  to  be  done  imder  this  Agent  way 
Code  by  any  person  in  the  prosecution  of  his  legal  remedies,  may  ^hL'codefoi- 
be  done  by  his  agent,  and  for  this  purpose  he  is  authorized  to^"°*^'^"'' 
make  an  tiffidavit  and  execute  any  bond  required,  though  his 
agency  be  created  by  parol.     In  all  such  cases,  if  the  principal 
repudiate  the  act  of  tlie  agent,  the  agent  shall   be  personally  how  bound, 
bound  together  with  his  sm-eties. 

§  2186.  If  money  be  i>aid  to  an  agent  by  mistake,  and  he  in  good  Money  paid 
faith  pays  it  over  to  his  principal,  he  shall  not  thereafter  be  per- nfa™be  re* 
sonally  liable  therefor,     in  all  other  cases  he  is  liable  for  its  re- 
payment.    If  money  be  })aid  by  an  agent  by  mistake,  he  may 
recover  it  back  in  his  own  name. 


424  FT.  2.— TIT.  3.— CHAP.  5.— Othee  Eelations. 


i 


Article  3. — Rights  aud  Liabilities  of  Agents  as  to  Third  Persons. 

^enhehas      §  218T.  Generally  an  agent  has  no  right  of  action  on  contraets 
tion  made  for  his  principal.     The  following  are  exceptions  : 

1.  A  factor  contracting  on  his  own  credit. 

2.  Where  promissory  notes  or  other  evidences  of  debt  are 
made  payahle  to  an  agent  of  a  corporation,  or  joint  stock  com- 
pany. 

3.  In  all  cases  where  the  contract  is  made  with  the  agent  in 
his  individual  name,  though  his  agency  be  known. 

4.  Auctioneers  may  sue  in  their  own  name  foi*  goods  sold  b}' 
them. 

5.  In  cases  of  agency  coupled  with  an  interest  in  the  agent 
known  to  the  party  contracting  with  him.  In  all  these  cases, 
payment  to  the  principal  l)efore  notice  of  the  agent's  claim,  is  a 
good  defence. 

Forintorfer-      §2188.  Au  agcut  liaviug  posscssiou,  actual  or  constructive,  of 

encewitli  .  J^  .  .       .       ,     ,  .    ,  ., 

his  posses-    the  property  oi  his  principal,  has  a  right  oi  action  for  anv  inter- 

sion.  •11  •         1  1  •     1 

lerence  willi  that  possession  by  third  persons, 
whenro-         §2189.  Wlicrc  tlic  agciicv  is  known,  and  the  credit  is  not  ex- 

sponsiblc  for        "  .  i  i'      •  ii  -i  i 

credit  piven.  pressly  giveii  to  the  agent,  lie  is  not  personally  responsible  upon 
the  contract.  The  question  to  whom  the  credit  is  given,  is  a 
question  of  fact  to  be  decided  by  the  jury  under  the  circumstan- 
ces of  each  case. 

Public  §2190.  Public  agents,  contracting  in  behalf  of  the  public,  are 

not  individually  liable  on  such  contracts. 

Liability  for     §  2191.  All  agciits,  by  au  express  undertaking  to  that  effect, 

excess  of  au-  i         *   .      t     •  i       1 1        t    i  i  a  *"  t  ^ 

thority.  mav  render  themselves  individually  liable.  And  every  agent 
exceeding  the  scope  of  his  authority  is  individually  liable  to  the 
person  with  whom  he  deals ;  so  also  for  his  own  tortious  act. 

Or  tort.  whether  acting  by  command  of  his  principal  or  not,  he  is  respon- 
ble;  for  the  negligence  of  his  nnder-servant,  employed  by  him  in 
behalf  of  his  principal,  he  is  not  responsi1)le. 

Enforcing        §2192.  Wlieii  the  ao;ent  exceeds  his  authoritv,  so  that  the 

contracts  ex-        "  ~  •  , 

ceedinghis  principal  is  not  bound,  the  ai»;eiit  cannot  enforce  the  contract  in 

authority.       ^  ^  '  c^ 

his  own  name  against  the  person  with  whom  he  deals,  unless  the 
contract  has  been  fully  executed  upon  the  part  of  the  agent,  or 
■>   the  credit  was  originallv  o-iven  to  the  acent. 


PT.  2.— TIT.  3.— CHAP.  5.— Othei:  Relations.  426 


Article  4. — Overseers. 


ARTICLE  IV. 

OVERSEER.S. 

Section-.  ISectiox. 

2193.  Riglit  and  power  of  over.seer.         ,   2195.  Parol  contracts. 

2194.  As  "cncral  agent.  2190.  Suit  on  breach  of  contnir ts. 

§2193.  In  tlie  absence  of  the  master,  the  overseer  stands  i^Kj^ijtand 
his  place.     It  is  his  duty  to  see  to  the  sustenance  and  protection P^^;^^^»^f 
of  liis  employer's  property,  and  to  discharo:e  this  duty,  he  is  jus- 
tified in  repelling  aggressors  and  trespassers  to  the  same  extent 
with  the  master. 

§2104.  The  overseer,  in  the  absence  of  the  master,  is  the^n-^^  ^^^^^ 
eral  agent  of  his  employer,  and  has  the  same  power,  and  binds  *^*"*- 
his  principal  to  the  same  extent,  so  far  as  concerns  the  business 
over  which  he  is  placed,  as  other  general  agents. 

§  2195.  Contracts  between  employers  and  overseers  may  be  p^roi  ,ob. 
by  parol,  though  they  may  extend  beyond  a  year  from  the  time*™*"**' 
of  the  contract. 

§  219().  When  the  contract  is  for  a  year,  and  the  employer  ^.^j^^^ 
wrongfully  discharges  the  overseer  before  the  end  of  the  year,  the 
overseer  may  either  sue  immediately  for  any  special  injury  from 
the  breach  of  the  contract,  or  treating  the  contract  as  rescinded, 
may  sue  for  the  value  of  the  services  rendered,  or  he  may  wait 
till  the  expiration  of  the  year  and  sue  for,  and  recover  his  entire 
waares. 


<i 


breach  of 
contract. 


II 


4:26 


PT.  2.— TIT.  4.— Property,  &c. 


Chapter  1.— Of  Realty: 


H 


E«ulty  deli- 
uitioD. 


Fixturos 


Detached 
becomes 
personalty. 


AllodiaJ  te- 
nure. 


Bminent  do 
main. 


TITLE  IV. 

OF  FKOPKRTV  ANl>  THK  TKNTRK  HY   WHU;!!  it  IS  imU). 

C/HAi'TKK  1.  (Jf  realty. 
(Ih  AFTER  2.  Df  persoTialtv. 


CHAPTER  I. 


OF  HE  ALT  Y. 


SKCT10>f. 

i   2207.  Streams  bound.iry  liin'>. 

'   2208.  Xavigablo  streams. 

1   2209.  Owners  of  adjacent  laud.-:. 

;   2210.  Power  of  owner  of  stream^. 

2211.  Levees  and  ditches. 

2212.  Bridge  or  ferry  rights. 
221!!.  Franchise — wlien  exclusive. 
2214.  Private  ways. 

221. "».  Cliaru'cs  on  lands. 


2197.  Realty  delinitiou. 

2198.  Fi.xtures. 

2199.  Detached  becomes  ijersfjuaJty. 

2200.  Allodial  tenure. 

2201.  Eminent  domain. 

2202.  When  to  bo  executed. 

2203.  How. 

220t.  Just  compensation. 
220;").  Destroying  property,  .tc. 
2206.  Owner  of  running  water. 

§  2197.  Realty,  or  real  estate,  includes  all  lands  and  the  build- 
ings thereon,  and  all  things  permanently  attached  to  either,  or 
any  interest  therein  or  issuing  out  of,  or  dependent  thereon. 
The  right  of  the  owner  of  lands  extends  downwards  and  up- 
M'ards  indefinitely. 

§2198.  Anything  intended  to  remain  permanently  in  its  place, 
though  not  actually  attached  to  tlie  land,  such  as  a  rail  fence,  is 
a  pai't  of  the  realty  and  passes  with  it.  Machinery  not  actually 
attached,  but  movable  at  pleasure,  is  not  a  part  of  the  realty. 

§  2199.  Anything  detached  from  the  realty  becomes  personalty 
instantly  on  being  so  detached,  and  may  be  the  subject  matter 
of  larceny,  even  by  the  person  wrongfully  detaching  it. 

§  2200.  The  tenure  by  which  all  realty  is  held  in  this  State  is 
under  the  State  as  original  owner;  it  is  without  service  of  any 
kind,  and  limited  only  by  the  right  of  eminent  domain  remain- 
ing in  the  State. 

§  2201.  The  right  of  eminent  domain  is  the  right  of  the  State, 
through  its  regidar  organization,  to  re-assert,  either  temporarily 
or  permanently,  its  dominion  over  any  portion  of  the  soil  of  the 
State,  on  account  of  public  exigency  and  for  the  public  good ; 
thus  in  time  of  war  or  insurrection  the  proper  autliorities  may 
possess  and  hold  any  part  of  the  territory  of  the  State  for  the 


PT.  2.— TIT.  4.— Propekty.  Ac.  427 


Chapter  1.— Of  Really. 


common  safety;  and  in  time  of  peace  the  Legislature  may  au- 
thorize the  appropriation  of  the  same  to  public  purposes,  such  as 
the  openino;  of  roads,  construction  of  defences,  or  providing 
channels  for  trade  or  travel. 

§2202.  It  is  the  province  of  the  Legislature  to  judge  of  the  when  to  bt» 
exigencies  requiring  the  exercise  ot  this  right,  but  it,  under  pre- 
text of  such  necessity,  the  property  of  one  is  taken  for  the  private 
use  of  another,  the  courts  should  declare  the  law  inoperative. 

§2203.  The  Legislature  may  exercise  this  right  either  directly  How. 
through  the  officers  of  the  State,  or  through  the  medium  of  cor- 
porate bodies,  or  by  means  of  individual  enterprize. 

§  2204.  Except  in  cases  of  extreme  necessity  and  great  urgency,  justcom- 
the  right  of  eminent  domain  cannot  be  exercised  without  first  '"^°'"'* 
providing  for  just  compensation  to  the  owner  for  the  interference 
with  his  exclusive  rights. 

^  2205.  Analogous  to  the  right  of  eminent  domain  is  tlie  power  Destroyine 

,.    ""  .""  ,.  ■,        .    .  „      .    .  property  for- 

from  necessity  vested  m  corporate  autlionties  ot  cities,  towns  public  good. 
and  counties  to  interfere  with  and  sometimes  to  destroy  the  pri- 
vate property  of  the  citizen  for  the  public  good,  such  as  the 
destruction  of  houses  to  prevent  the  extension  of  a  conflagration, 
or  the  taking  possession  of  buildings  to  prevent  the  spreading  of 
(contagious  diseases.  In  all  such  cases  any  damages  accniing  to 
the  owner  from  such  acts,  and  which  would  not  otherwise  have 
been  sustained,  must  be  paid  by  such  corporation. 

§2206.  Kunning  water,  while  on  land,  belongs  to  the  owner  owner  or 
of  it,  but  he  has  no  power  to  divert  it  from  the  usual  channel,  wTter  ^ 
nor  can  he  so  use  or  adulterate  it  as  to  interfere  with  the  enjoy- 
ment of  it  by  the  next  owner. 

§2207.  The  beds  of  streams  not  navigable  belong  to  the  streams 
owner  of  the  adjacent  land;  if  the  stream  of  water  is  theMnes."'^ 
dividing  line  each  owner  is  entitled  to  the  thread  or  centre  of  the 
main  current;  if  the  current  changes  gradually  the  line  follows  the 
current;  if  from  any  cause  it  takes  a  new  channel,  the  original 
line,  if  capable  of  identification,  remains  the  boundary.  Gradual 
accretions  of  land  on  either  side  accrue  to  the  owner. 

§2208.  A  navigable  stream  is  one  capable  of  bearing  upon  its  j,-avigabi» 
bosom,  either  for  tlio  wliole  or  a  part  of  the  year,  boats  loaded  ^^•*"'- 
with  freight  in  regular  course  of  trade.     The  mere  rafting  of 
timber  or  transporting  wood  on  small  boats  does  not  make  a 
stream  navio-able. 


% 


428 


FT.  L>.— TIT.  4.— FKOPEliTY,  &c. 

Chapter  1.— Of  Realty. 


Owners  of 

adjacent 

lands. 

Power  of 
owner  of 
streams. 


Levees  and 
<litche,s. 


Bridge  or 
ferry  right. 


Franchise — 
when  e.xclu- 
8ive. 


§  2209.  The  right  of  the  owner  of  lands  adjacent  to  navigable 
streams,  extends  to  low  water  mark  in  the  bed  of  the  stream. 

§  2210.  The  OAvner  of  a  stream  not  navigable  is  entitled  to  the 
same  exclusive  possession  thereof  as  he  has  of  any  other  part  of 
his  land ;  and  the  legislature  has  no  power  to  compel  or  interfere 
with  him  in  its  lawful  use,  for  the  l)eneiit  of  those  above  or  be- 
low him  on  the  stream,  except  to  restrain  nuisances. 

§2211.  All  persons  owning,  or  wlio  may  hereafter  own  lands, 
on  any  water  courses  in  the  State,  are  authorized  and  empowered 
to  ditcli  and  embank  their  lands,  so  as  to  protect  the  same  from 
fresliets  and  overflows  in  said  water  courses ;  Provided^  always 
that  the  said  ditching  and  embanking  does  not  divert  said  water 
couse  from  its  ordinary  channel,  but  nothing  shall  be  so  construed 
as  to  prevent  tlie  owners  of  land  from  diverting  unnavigable 
water  courses  through  their  own  lands. 

§  2212.  The  right  to  construct  a  bridge  or  establish  a  ferry  for 
private  use  across  a  water  course  within  or  adjoining  lands,  is 
appurtenant  to  the  ownership  of  the  land,  but  the  right  to  estab- 
lish and  keep  a  public  bridge  or  ferry  is  a  franchise  to  be  granted 
by  the  State.  Where  such  a  grant  interferes  with  the  owner's 
right  of  exclusive  possession,  just  compensation  to  him  must  be 
first  made. 

§  2213.  N^o  franchise  granted  by  this  State  shall  be  held  to  be 
exclusive,  unless  plainly  and  expressly  so  declared  to  be  in  the 


grant. 


Private 

ways. 


Charges  on 
land. 


§  2214.  The  right  of  private  way  over  another's  land  may  arise 
from  express  grant,  or  from  prescription  by  seven  years  uninter- 
rupted use  through  improved  lands,  or  twenty  years  use  over 
wild  lands,  or  by  implication  of  law  when  such  right  is  necessary 
to  the  enjoyment  of  lands  granted  by  the  same  owner,  or  by 
compulsory  purchase  and  sale  through  the  Inferior  Court  in  the 
manner  prescribed  by  this  Code.'-' 

§2215.  Annuities  or  legacies,  or  debts  charged  upon  lands  by 
testaments,  attach  thereto  and  follow^  the  lands  in  the  hands  of 
all  persons. 

*  Por  further  provision  as  to  water  courses,  roads,  bridges  and  ferries.  ?ee  Part  1 , 
Title  6.  Chapter  5. 


FT.  -2.— TIT.  4.— Pkopeki Y.  6cv.  429 


ChapbstZ. — Of  Personalty. 


CHAPTER  ir. 


OK  PKRSONALTY. 


Skction.  Section. 

2'216.  What  i.«.  '•   2221.  Doj-OBit  and  iiu-reasc  on  land. 

2217.  Slaves.  |  2222.  Increase  follows  mother. 

2218.  Possession.  |  222;{.  Rights  and  reniedies. 

2219.  Cho.se  in  action.  222J.   .Vs^JLnim'nl  of  cho.scs  in  action. 

2220.  Property  in  wild  animals.  .Vc. 

§2216.  rei'soiuilty,  or  personal  estate,  iiiclndes  all  such  proper- whnt i«. 
ty  as  is  movable  in  its  nature;  in  fact,  everythinf!;  liaving  value 
inherent  in  itself,  or  the  representative  <tf  value,  and  not  included 
in  the  definition  of  realty.  Stocks  representini;  shares  in  an  in- 
corporated company  holding  lands,  or  a  franchise  in  or  over  lands, 
are  personalty,  except  in  mininc;  and  manufacturing  companies, 
whose  principal  investments  are  in  i-ealty  and  machinery  attached 
thereto,  in  ■which  case  the  stock  shall  he  deemed  realty. 

§2217.  Slaves  are  ]>ersonalty,  although,  from  their  value  and  slaves, 
the  peculiar  consideration  due  to  the  nature  of  this  pro})erty,  the 
law  governing  them  is,  in  many  respects,  more  analagous  to  the 
law  of  realty  than  of  personalty. 

§2218.  Personalty  in  possession  is  wheix;  the  right  of  property  Possession 
is  accompanied  by  immediate  possession,  actual  or  constructive. 

§2219.  Personalty  to  which  the  owner  has  a  right  of  posses- cho.« 
sion  in  future,  or  a  right  of  immediate  jtossession.  wrongfully  *  " 
withheld,  is  termed  by  the  law  a  chose  in  action. 

§2220.  Property  may  exist  in  all   animals,   birds,  and  tishes ; Property m 
to  constitute  property  in  those  which  are  wild  by  nature,  as  dis-mJilA.^.' 
tinguished  from   domestic   animals,  one  must  have  them  within 
his  actual  possession,  custody,  or  control ;  this  he  may  obtain  ei- 
ther by  taming  or  domesticating  them,  or  by  confining  them  with- 
in restricted  limits,  or  by  killing  or  capturino-  them. 

§2221.  Any  deposit  made  by  wild  animals  on  realty,  belongs  Deposit  ana 
to  the  owner;  thus,  honey  deposited  by  bees  in  a  tree,  belono-s  toj"mr"'°" 
the  owner  of  the  tree,  though  the  bees  may  be  hired  l)y  another; 
so  the  eggs  and  young  of  birds,  or  the  increase  of  animals,  so 
hmg  as  they  remain  unable  to  leave  the  land,  belong  to  the  owiier. 

§2222.  The  increase  of  all  animals  follow  the  condition  of  the 
motlier,  ant-l  belong  to  the  owner  of  the  mother  at  the  time  of''"""*""^"^"- 
birth.     The  increase  of  slaves  follow  the  title  in  expectancy  as 
well  as  in  possession. 


o.sc  in  ac- 
tion. 


430 


PT.  2.— TIT.  J.— Property,  &c. 


Chapter  2. — Of  Personalty. 


Rights  and       8  2223.  Foi'  everv  violation  of  a  contract,  express  or  implied, 

remedies.  ^  .     .       "^    -  .  ,  '         ^  •"■  ' 

and  tor  every  injur j  done  by  anotliei'  to  person  or  property,  the 
law  gives  a  right  to  recover  and  a  remedy  to  enforce  it.  Such  a 
right  is  a  chose  in  action,  and  such  a  remedy  is  an  action  or  suit 
at  law. 
Assignment  §  2224.  All  choscs  in  action,  arising  upon  contract,  may  be  as- 
actfoi^^^" '"  signed  so  as  to  vest  the  title  in  the  assignee,  but  he  takes  it,  ex- 
cept negotiable  securities,  subject  to  the  equities  existing  between 
the  assignor  and  debtor  at  the  time  of  the  assignment,  and  until 
notice  of  the  assignment  is  given  to  the  person  liable. 


TITLE  Y. 

OF  KSTATES  AND  THE  RIGHTS  ATTACKED  THERETO. 

Chapter  1.  Of  absolute  estates,  or  in  fee  simple. 

Chapter  2.  Of  estates  for  life. 

Chapter  3.  Of  estates  in  remainder  and  reversions. 

Chapter  4.  Of  estates  for  years. 

Chapter  5.  Of  landlord  and  tenant. 

Chapter  6.  Of  estates  upon  condition. 

Chapter  7.  Of  tenancy  in  common. 

Chapter  8.  Of  trust  estates. 


Wliat  is. 


In  what  cr 
ated. 


CHAPTER  I. 

OF  ABSOLT'TE  estates  or  IX  FEE  SIMPLE. 


Section. 

2225.  WTiat  is.  and  in  what  created. 

2226.  Fee  simple. 

2227.  May  be  in  abeyance. 

2228.  What  words  create. 


Sectiox. 

I   2229.  Technical  words. 

;   2230.  Estate's  tail. 

1   2281.  Remote  limitations. 


§  2225.  Estate  is  the  quantity  of  interest  which  an  owner  has 
in  property ;  in  this  State  it  is  applicable  equally  to  realty  and 
personalty.  Any  estate  may  be  created  in  the  latter  that  can  be 
created  in  the  former,  and  the  rules  of  construction  as  to  both 
shall  be  the  same.  The  provisions  of  this  Code,  under  this  title, 
when  not  restricted  to  one,  apply  to  both. 
Fee  simple.  §2226.  Au  absolute  or  fee  simple  estate  is  one  in  which  the 
owner  is  entitled  to  the  entire  property,  with  unconditional  power 


TT.  2.— TIT.  5.— Estates,  &<,.  431 

Cliapter  1 . — Of  Absdute  EslaU-s,  or  in  Fee  Simple. 


of  dTspoHition  during  liis  life,  and  descending  to  liis  heirs  and  legal 
representatives  npou  his  death  intestate.  IJealty  and  slaves  de-  „^^.^„t^ 
scend  directly  to  the  heirs,  subject  to  l»e  administered  by  the  legal 
representative,  if  there  be  one,  for  the  payment  of  debts  and  the 
purposes  of  distribution.  If  there  be  a  legal  representative,  the 
right  to  recover  them  is  in  him,  if  there  be  iione,  the  heirs  may 
sue  in  their  own  name. 

§2227.  An  absolute  estate  may  l»c  created  to  commence  in  fu- May  be  in 
ture,  and  the  fee  may  be  in  abeyance  without   detriment  to  the' 
rights  of  subsequent  remainders.     A  fee  may  be  limited  upon  a 
fee,  either   by  deed    or  will,  where    the    ])lain    intention    of  the 
grantor  or  testator  re<piires  it.  and  710  otlicr  rule  of  hiw  is  violated 
thereby. 

§222S.  The  word  "heirs,''  or  its  eipiivalent,  is  not  necessary  to'wiiat  woh* 
create  an  absolute  estate,  but  every  conveyance,  properly  execu- 
ted, shall  be  construed  to  convey  the  fee,  unless  a  less  estate  is 
mentioned  and  limited  in  such  conveyance.  If  a  less  estate  is 
expressly  limited,  the  courts  shall  not.  by  construction,  increase 
audi  estate  into  a  fee,  but  disrecjardinjc  all  technical  rules,  shalP;"'^.'?^  *"""■ 
give  effect  to  the  intention  of  the  maker  of  the  instrument,  as 
far  as  the  same  is  lawful,  if  the  same  can  be  gathered  from  its 
contents,  and  if  iu)t,  in  such  case,  the  court  may  hear  ])arol  evi- 
dence to  prove  the  intention. 

§2220.   Limitations  over  to  "heirs."  "heirs  of  the  body,"  "lin- Technical 
eal  heirs,"   •"lawful   heirs,"  ''issue.'' or  words  of  similar  import, "^""^  *" 
shall  be  held  to  mean  "children"  whether  the  parents  be  alive  or 
•dead,  and  under  such  M-ords  children,  and  the  descendants  of  de- 
ceased children,  by  representation  in  being  at   the  time  of  the 
vesting  of  the  estate,  shall  take. 

§  2230.  Estate's  tail  are  prohibited  and  abolished  in  this  State.  KstMte-3  tail 
Gifts  or  grants  to  one,  and  the  heirs  of  his  body,  or  his  heirs  male 
or  heirs  female,  or  his  heirs  by  a  particular  person,   or  his  chil- 
dren, or  his  issue,  convey  an   absolute  fee.     Estate's  tail   being 
illegal,  the  law  will  never  presume  or  imply  such   an  estate. 
Limitations,  which,  by  the  English  rules  of  construction,  Avould p^y,g  ,„  j,,,^,, 
create  an  estate  tail  by  implication  in  this  State,  shall  give  a  life  *""**'•''■ 
estate  to  the  iirst  taker  with  remainder  over  in  fee  to  his  chil- 
dren and  their  descendants  as  above  provided ;  and  if  none  are 
living  at  the  time  of  his  death,  remainder  over  in  fee  to  the  ben- 
eficiaries intended  by  the  maker  of  the  instrument. 


r 


432 


FT.  2.— TIT.  5.— Estates,  (fee. 


Chapter  1. — Of  Absolute  Estates,  or  in  Fee  Simple. 


Remote 
limitations. 


§  2231.  All  limitations  over  after  the  death  of  tlie  first  taker^ 
upon  his  dying  without  heirs,  or  dying  without  issue,  or  dying- 
without  leaving  heirs  or  issue,  or  on  failure  of  issue  or  other  and 
equivalent  terms,  shall  be  construed  to  mean  a  failure  of  heir& 
or  issue  at  the  time  of  the  death  of  the  first  taker,  and  shall  con- 
vey the  estate  in  tlie  manner  prescribed  in  Section  2230. 


CHAPTER  II. 


OF  p:states  for  lifk. 


Sectiox. 

2232.  What  is. 

2233.  How  (Teated. 

2234.  Estates  diiriug  widowhood,  &c. 

2235.  Rights  and  liabilities  of  tenants. 

2236.  Increase. 

2237.  Emblements. 

2238.  Of  slaves. 


Sectiox. 

2239.  Tenancy  by  courtesy. 

2240.  Cruel  treatment  of  slaves. 

2241.  Sale  of  slaves  by  tenant  for  life. 

2242.  Oflands. 

2243.  Removal  of  personaltj'. 

2244.  Bond  of  purcha.ser,  &c. 


What  is. 


Muw  created 


Estates  du- 
ring widow- 
hood, &c. 


Kights  .and 
liabilities  of 
tenant  for 
life. 


IricrcBse. 


§  2232.  An  estate  for  life  may  be  either  for  the  life  of  the  ten- 
ant or  of  some  other  person  or  persons,  even  though  such  other 
person  be  a  sla\'e. 

§  2233.  An  estate  for  life  may  he  created  bj  deed  or  will,  or 
express  agreement  of  the  parties,  or  by  operation  of  law  ;  it  can- 
not be  created  in  such  property  as  is  destroyed  in  the  use. 

§  2234.  Estates  which  may  extend  during  life,  but  must  termi- 
nate at  death,  so  long  as  they  exist,  are  deemed  life  estates ;  such 
are  estates  during  widowhood. 

§2235.  The  tenant  for  life  is  entitled  to  tlie  full  use  and  enjoy- 
ment of  the  property,  so  that  in  such  use  he  exercises  the  ordi- 
nary care  of  a  prudent  man  for  its  preservation  and  protection, 
and  commits  no  acts  tending  to  the  permanent  injury  of  the  per- 
son entitled  in  remainder  or  reversion.  For  the  want  of  such 
care,  and  the  willful  commission  of  such  acts,  he  forfeits  his  in- 
terest to  the  remainder-man  if  he  elects  to  claim  immediate  pos- 
session. 

§  2236.  The  natural  increase  of  the  property,  unless  it  be  a 
slave,  belongs  to  the  tenant  for  life.  Any  extraordinary  accumu- 
lation of  the  corpus,  such  as  issue  of  new  stock  upon  the  share  of 
an  incorporated  or  joint  stock  company,  attach  to  the  cor2)us  and 
go  with  it  to  the  remainder-man. 

§2237.  If  the  life  estate  be  terminated  not  bv  the  act  of  the 


'i$ 


FT.  2.— TIT.  0.— KsTATKr-,  cVrc.  4S8 

Chapter  2. — Of  Estates  for  Life. 

tenant,  he  und  his  lesral  representatives  shall  be  entitled  to  em-EmWe- 

•  •    1  111'         nients. 

blemeutj*,  Avhicli  are  the  i)rGiit8  ot  tlie  crop  sowed  by  him  durino; 
life,  whether  the  plants  be  annual  or  perennial,  and  the  nse  of  the 
slaves  employed  about  its  cultivation  for  the  ]iurpose  of  perfect- 
in«:  and  iratherino;  it. 

§2238.  If  a  tenant  for  life  hires  out  a  slave,  <»r  rents  the  land of slaves, 
for  the  yeai-  and  dies,  or  the  estate  is  otherwise  terminated  dnrinp; 
the  year,  the  hirer  shall  be  entitled  tu  the  slave,  and   the  tenant 
to  the  land,  tor  the  term  of  the  year,  ujton   «'<»m])lyinG;  with   his 
contract  M'ith  the  tenant  for  life. 

§22oi>.  There  is  no  tenancy  by  courtesy  in  (ieorj^ia.  Bycouru-sy. 

§  2240.  A  tenant  for  life,  convicted  criminally  of  cruel  treat-  cmei  treat- 
ment of  the  slave,  oi"  one  of  a  parcel  of  slaves,  in   which  he  has^ave^ 
an  estate  for  life,  forfeits  his  entire  interest  in  all,  and  the  rights 
of  the  remainder-man  to  the  possession  attaches  innnediately  on 
such  conviction.     The  like  conviction  of  his  agent,  where  the  act 
is  done  by  his  command  or  consent,  shall  have  the  same  effect. 

§2241.  The  tenant  for  life  in  slaves,  who  shall,  by  sale  or  other  sau-of 
means,  fraudulently  attempt  to  defeat  the  interest  of  the  remain- tMint  f^- 
der-man,  forfeits  thereby  his  entire  interest,  and  is  moreover  liable 
immediately  to  the  remainder-man  for  the  full  ^alue  of  the  pro- 
perty. The  purchaser,  under  such  sale,  acquires  no  title  what- 
ever as  against  the  lomainder-man  ;  if,  however,  the  sale  be  made 
in  good  taith,  the  purchaser  shall  have  the  estate  for  life. 

§2242.  Xo  forfeiture  shall  result  from  a  tenant  for  life  selling  of  lands, 
the  entire  estate  in  lands ;  the  ])urchaser  acrpiires  only  his  in- 
terest. 

§2243.  The  tenant  for  life,  in  pei-sonalty,  cannot  remove  it  be- Removal  of 
yond  the  jurisdiction  of  this  State  without  the  consent  of  the  j.g.  p*'"""'*'*^- 
mainder-inan.     If  he  attempts  to  do  so  fraudulently,  he  forfeits 
his  interest ;  if  not  fraudulently,  the  remainder-man,  or  rever- 
sioner, is  entitled  to  the  writ  ofne  exeat  to  restrain  him. 

§2244.  "Where  a  life  estate  is  sold  under  process  of  law,  upon  Bond  of  pur- 
the  demand  of  any  one  interested  in  remainder,  his  agent  or  at-  *^"'"' 
torney,  accompanied  by  a  statement,  under  oath,  of  his  interest, 
it  shall  be  the  duty  of  the  officer  making  the  sale,  to  require  of 
the  purchaser  a  bond,  in  double  the  value  of  the  property,  with 
good  security,  for  the  delivery  of  the  property  to  the  persons  en- 
titled in  remainder,  which  bond  shall  be  filed  in  the  office  of  the 
Clerk  of  the  Superior  Court  of  the  county  where  the  sale  is  made, 
and  subject  to  be  sued  on  by  any  person  interested  in  remainder ; 
28 


434 


FT.  2.— TIT.  5.— PEorEiiTY,  &c. 


Chapter  2. — Of  Estates  for  Life. 

on  failure  to  give  such  bond,  tlie  property  shall  be  re-sold  at  the 
risk  of  the  purchaser,  if  notice  of  tlie  demand  was  given  l^efore 
he  purchased. 


CHAPTER  III. 


OF  ESTATES  IN  REMAINDER  AND  REVERSIONS. 


Sectiox. 

2245.  Deliaitiou. 

2246.  No  pai'ticular  estate  necessary. 

2247.  Vested  or  contingent. 

2248.  Riglits  of  lieirs. 

2249.  Perpetuities. 


Section". 

I   2250.  Created  by  parol. 
]   2251.  Vesting  of  remainders  favored. 

2252.  Assent  of  executor. 

2253.  Merger. 

:   2254.  E.states  during  widowhood. 


No  particu- 
lar estate  ne- 
cesBary. 


Vested  or 
contingent. 


Definitions.  §  2245.  An  estate  in  remainder  is  one  limited  to  be  enjoyed 
after  another  estate  is  determined,  or  at  a  time  specified  in  the 
future.  An  estate  in  the  reversion  is  the  residue  of  an  estate, 
usually  the  fee  left  in  the  grantor  and  his  heirs  after  the  deter- 
mination of  a  particular  estate  which  he  has  granted  out  of  it. 
The  rights  of  the  reversioner  are  the  same  witli  those  of  a  vested 
remainder-man  in  fee. 

§  2246.  Xo  particular  estate  l)eing  necessary  to  sustain  a  re- 
mainder under  tliis  Code,  the  defeat  of  the  particular  estate  for 
any  cause  does  not  destroy  the  remainder. 

§  2247.  Remainders  are  either  vested  or  contingent.  A  vested 
remainder  is  one  limited  to  a  certain  person  at  a  certain  time,  or 
upon  the  liappening  of  a  necessary  event.  A  contingent  remain- 
der, is  one  limited  to  an  uncertain  person,  or  upon  an  event 
which  may  or  may  not  happen. 

§  2248.  If  the  remainder-man  dies  before  the  time  arrives  for 
possessing  his  estate  in  remainder,  his  heirs  are  entitled  to  a  vest- 
ed remainder  interest,  and  to  a  contingent  remainder  interest 
when  the  contingency  is  not  as  to  the  person,  but  as  to  the  event. 
If  the  contingency  be  as  to  the  person,  and  that  person  be  not 
in  esse  at  the  time  when  the  contingency  happens,  his  heirs  are 
not  entitled. 
Perpetuities  §  2249.  Limitations  of  estates  may  extend  through  any  num- 
ber of  lives  in  being  at  the  time  when  the  limitations  commence, 
and  twenty-one  years,  and  the  usual  period  of  gestation  added 
thereafter.  A  limitation  beyond  that  period,  the  law  terms  a 
perpetuity,  and  forbids  its  creation  when  an  attempt  is  made  to 
create  a  perpetuity.     The  law  gives  effect  to  the  limitations  not 


Rights  of 
heirs. 


PT.  2.— TIT.  5.— Propeuty,  «fec.  435 

Chapter  :'.. — Of  Estates  in  Remainder  and  Reversions. 

too  remote,  declariiifij  the  others  void,  and  tlierebv  vests  the  fee 
in  the  laf^t  taker  under  tlie  legal  limitations. 

§  2250.  Remainders  cannot  be  created  by  parol.  Thev  mav  be  creatiou  by 
<;reated  for  ])ersons   not  m  being,  and  if  a  vested   remainder,  it  openinp  if 
opens  to  take  in  all  persons  within  the  description  coming  into 
being  up  to  the  time  of  enjoyment  commencing. 

§2251.  The  law  favors  the  vesting  of  remainders  in  all  cases  vesting  or 

I'    1       1  T  •  •!!  1         /•  •  ^  •         1      11         /•      remainders 

«>i  doubt.     In  (tonatrumg  wills,  words  ot  survivorship  shall  refer  favored, 
to  the  death  of  the  testator  in  order  to  vest  remainders,  unless  a 
manifest  intention  to  the  contrary  appears. 

§  2252.  The  assent  of  the  executor  to  a  lejjacv  to  the  tenant  for  Assent  of  tiu 

, .  >  •,       ,  •        n    1  •      T  '  executor. 

J  lie  enures  to  the  !)enetit  of  the  remainder-man.  Ilemainder-man 
at  the  termination  of  the  life  estate  may  take  possession  imme- 
diately. Tf  however,  the  will  provides  for  a  sale  or  otlier  act  to 
be  done  for  the  purpose  of,  or  prior  to  a  division,  the  executor 
may  recover  possession  for  the  purpose  of  executing  the  M-ill. 

§  2253.  Tf  two  estates  in  the  same  ])roperty  unite  in  the  same  Mcr-er. 
)>erson  in  his  individual  capacity,  the  less  estate  is  merited  in  the 
greater. 

§  2254.  An  estate  may  be  created  during  widowhood,  and  such  j-^t^t^^  ,,„,.. 
estates  shall  be  subject  to  the  same  rules  as  life  estates.     Limita-  h'^foiT'*'**'^ 
tions  over  upon  the  marriage  of  a  Avidow  shall  be  valid,  unless 
sucli  limitations  are  manifestly  intended  to  operate  as  a  restraint 
upon  the  free  action  of  such  widow  in  respect  to  marriage,  and  Limitation* 
are  not  simi)ly  prudential   provisions  for  the  protection  of  the  ^7 e°" """"' 
interest  of  children,  or  others  in  sucli  event ;  in  such  cases  they 
are  void. 


CHAPTER  lA'. 

OF  ESTATES  FOR  YEARS. 
8ECT10X.  JSectiox. 


2255.  Definition. 

2256.  Distinction  from  Iwilnienl. 

2257.  Rishts  of  tenant. 


2258.  Emblement.''. 

2259.  Expen.se.s  and  repai 

2260.  Lease. 


§  2255.  An  estate  for  years  is  one  which  is  limited  in  its  dura-  u^g, 
tion  to  a  period  fixed,  or  which  may  be  made  iixed  and  certain. 
If  it  be  in  lands,  it  passes  as  realty  in  this  State.     It  may  be  for 

For  rule-g  prescribing  tlie  effect  of  certain  limitations  in  creating  remainders,  refer 
10  Chapter  1  of  this  Title.  And  for  remedies  of  remainder-men  against  tenant  for 
life  and  purchasers,  refer  to  Chapter  2  of  this  Title. 


436 


PT.  ii.— TIT.  5.— Fkoi^kkty,  *fec-. 

Chapter  4. — Of  Estates  for  Years. 


Distinction 
from  biiil- 
loent. 


any  number  of  years,  so  that  the  limitation  be  within  the  rule- 
against  perpetuities. 

§2'25fi.  It  (lifters  M'heu  applied  to  })ersonalty  from  a  contract 
of  hiring  in  tliis,  that  the  latter  is  a  bailment  conveying  no  inter- 
est in  the  property  to  tlie  Imilee,  but  a  mere  right  of  use ;  when 
applied  to  realty,  it  diifcrs  from  tlie  rehition  of  landhjrd  and  ten- 
ant in  this,  that  in  the  latter,  the  tenant  has  no  estate,  but  a  mere 
riglit  of  use,  very  similar  to  the  right  of  a  hirer  of  personalty. 


RifCht,>  of 
tenant. 


Bmhlemonts 


Kxppnse* 
and  ^epal^^ 


Letwf. 


f/onslruc- 
tion. 


§  2257.  An  estate  for  years  carries  with  it  the  right  to  use  in 

as  absolute  a  manner  as  a  o;reater  estate,  l)ut  not  to  the  iniurv  of 

i      ^  .  .  .  . 

the  pro])orty  m-  of  the  person  entitk'd,  either  in  remainder  or  re- 

\-ersion ;  the  same  acts  of  omission  and  (;ommission  wliicli  have 

been  liercttjfore  prescribed  as  grounds  of  forfeiture  of  an  estate 

for  life,  will  operate  to  the  same  eft'ect  against   a    tenant  for 

years. 

§225b,  xV  tenant  for  years  is  not  entitled  to  emblements,  un- 
less the  estate  l)e  terminated  before  the  period  iixed  by  the  hap- 
pening of  some  (contingency  provided  in  its  creation,  and  without 
fault  on  the  yavt  of  the  tenant. 

§  2259.  A  tenant  for  years  is  bound  for  all  repairs  or  other  ex- 
pense necessary  for  tlie  preservation  and  protection  of  the  pro- 
perty. 

§  2260.  When  one  grants  to  another  an  estate  for  years  out  of 
his  own  estate,  reversion  to  himself,  it  is  usually  termed  a  lease. 
It  may  be  conlined  to  a  particular  interest  in  lands,  such  as  min- 
ing or  agricultural,  in  which  event  no  other  interest  passes.  li* 
no  object  of  the  lease  is  stated,  the  mining  interest  will  not  pass- 
unless  the  circumstances  justify  an  implication  of  such  an  inten- 
tion in  the  parties. 


CHAPTER  V. 


OF  LANDUORD  AND  T^:^\\NT. 


Section. 
Ii261.  Petinitioii. 
L'262.  How  created. 

2263.  Ri.ffhts  of  tenarn.>. 

2264.  Delivery  of  post-ession. 

2265.  Estoppel 

2266.  Repairs  and  improvenienis. 
22G7.  Distress  for  rent. 


Section. 
226R.  Lien. 
22G9.  Interest. 

2270.  Rent  paid  in  kind. 

2271.  Duration  of  tenancy. 

2272.  Notice  to  quit. 

2273.  Emblements. 

2274.,  Casualties  no  aljatoment  of  rent . 


PT.  2.— TIT.  :..— Propkktv,  «&<:.  437 

Chapter  .'». — Of  Landlord  and  Tenant. 

§2261.  When  the  owner  of  lands  grants  to  another  simply  the  D«finiuoD. 
right  to  possess  and  enjoy  the  nse  of  such  lands,  either  for  a  fixed 
time  or  at  the  will  of  the  grantor,  and  tlie  tenant  accepts  the 
grants,  tlic  relation  of  landlord  and  tenant  exists  l»etween  them. 
In  sucli  case  no  estate  passes  out  of  the  landlord  and  the  tenant 
has  only  a  usufruct  which  he  cannot  convey  except  by  the  land- 
lord's consent,  and  which  is  not  subject  to  levy  and  sale. 

§2262.  Contracts  creating  the  relation  of  landlord  and  tenant,  Hoi^cre***^ 
for  any  time  not  exceeding  one  year,  may  be  by  ]>arol,  and  if 
made  for  a  greater  time  shall  have  effect  of  a  tenancy  at  will. 

§2263.  The  tenant  has  no  right  .beyond  the  use  of  the  land  Rights  of 
and  tenements  rented  to  him,  and  such  privileges  as  are  neces-  *^"*" 
sary  to  the  enjoyment  of  his  use.     lie  cannot  cut  or  destroy 
growing  trees,  remove  permanent  fixture:-,  or  otherwise  injure 
the  property,     lie  may  use  other  timlicr  for  firewood  and  the 
pasturage  for  his  cattle. 

jJ2264.  The  tenant  must  delivci-  pi»ssession  at  the  expiration  neiivCTy  of 
oi'  his  term,  and  if  he  fails  or  refuses  to  do  so  a  sumniarv  remedy  ^"'*^**"'°' 
is  given  to  the  landlord. 

§2265.   The  tenant  cannot   dispute    his   landlord's    title,    nor  Estoppel, 
attorn  to  another  claimant  while  in  possession. 

§2266.   The  landlord  nmst  keep  the  premises  in  re}>air,  and  isK<.pairs  and 
liable  for  all  sub^tantial  improvements  placed  upon  them  by  his  ^e^i't^^*" 
•consent. 

§2267.  The  landlord  shall  have  power  to  distrain  for  rent  as  Diatr*^  for 
soon  as  the  same  is  due,  or  before  due,  if  the  teJiant  is  seeking  to  *"***• 
remove  his  goods  from  the  premises.     If  the  tenant  fails  to  pay 
the  rent  due  at  any  time,  the  landlord  may  re-enter  immediately 
:and  dispossess  the  tenant.     If  the  tenant  holds  over  after  his 
'term  expires  the  landlord  may  recover  doul)le  rent  for  such  time. 

§2268.  The  landlord's  lien  for  his  rent  shall  attach  from  thcLu-n. 
time  of  levying  his  distress  warrant,  but  it  shall  take  precedence 
-of  no  lien   of  older  <late  except  as  to  tlie  croj)  raised   on   the 
premises. 

§2260.  All  contracts  for  rent  shall  bear  interest  from  the  time 

,  .  1     •      1  ■  .  Interest  ■ 

the  rent  is  due,  and  pulgments  u]>on  suits  for  rent  may  be  ren- 
dered at  the  first  term. 

§2270.  When  the  rent  agreed  to  be  paid  is  a  part  of  the  crop  j,^^^    .^^^ 
such  portion  shall  not  be  liable  to  be  levied  on  by  any  process  "^'""^ 
for  debt  against  the  tenant;  Provided^  the  contract  is  in  writing 
-and  the  rent  does  not  exceed  one-half  of  the  crop. 


438 


FT.  2.— TIT.  5.— Property,  &c. 

Chapter  5.— Of  Landlord  and  Tenant. 


Duration  of 
ten  unci'. 


3IoHce  to 
quit. 


§2271.  Wliere  no  time  is  specified  for  the  termination  of  the 
tenancy,  the  law  construes  it  to  be  for  the  calendar  year,  bnt  if 
it  is  expressly  a  tenancy  at  will  then  either  party  may  terminate 
it  at  will. 

§  2272.  Two  months'  notice  is  necessary  from  the  landlord  tO' 

terminate  a  tenancy  at  will.     One  months'  notice  is  necessary 

from  tenant. 

Bmbkmonts      §2273.  The  tenant  at  will  is  entitled  to  his  emblements  if  the 

crop  is  sowed  before  notice  to  (juit   by  the   landlord,   or  the 

tenancy  otherwise  suddenly  terminated,  as  by  sale  of  the  estate 

by  the  landlord,  or  by  judicial  sale,  or  death  of  the  landlord  or 

tenant. 

Casualties        §2274.  Tlie  dcstruction  of  a  tenement  by  fire,  or  the  loss  of 

nwnt  of  rent,  possession  by  any  casualty,  not  caused  by  the  landlord,  or  from 

defect  of  liis  title,  shall  not  abate  the  rent  contracted  to  be  paid.. 


CHAPTER  VI. 


Definition. 


Precedent 
and  subse- 
quent. 


Ropugfnaut 
condition. 


Disability. 


Notice. 


Dependant 
and  inde- 
pendent 
^'orenants. 


OF  K8TATES  ON  CONDITION. 

Section.  Section. 

2275.  Dcliiiitioii.  2278.  Disability. 

227G.  Precedent  &  subsequent  t'oiiditions.     2275).  Dependant  covenants,  Ac. 
2277.  Repugnant  condition.  2280.  Effect  of  breach  of  condition. 

§2275.  An  estate  may  be  granted  upon  a  condition,  either  ex- 
press or  implied,  upon  performance  or  breach  of  which  the  estate 
shall  either  commence,  be  enlarged,  or  be  defeated. 

§  227<).  Conditions  may  be  either  precedent  or  subsequent.  The 
former  require  performance  before  the  estate  vests;  the  latter 
may  cause  a  forfeiture  of  a  vested  estate.  The  law  inclines  to 
construe  conditions  to  be  subsequent  rather  than  precedent,  and 
to  be  remediable  by  damages  rather  than  by  forfeiture. 

§  2277.  A  condition  repugnant  to  the  estate  granted  is  void, 
so  are  conditions  to  do  impossible  or  illegal  acts,  or  which  in 
themselves  are  contrary  to  the  policy  of  the  law. 

§  2278.  No  legal  disability,  except  being  nmi  compos  laeiitiSy 
will  excuse  a  person  from  failing  to  comply  with  a  condition  an- 
nexed to  his  or  her  estate ;  no  notice  of  such  condition  need  be 
given  by  the  person  claiming  under  the  limitation  over. 

§  2279.  The  dependence  or  independence  of  covenants  or  con- 
ditions, must  be  collected  from  the  intention  of  the  parties,, 
viewing  the  entire  instrument;  in  dependent  conditions  the  fail- 


PT.  2.— TIT.  5.— Feoperty,  &c.  iZ^ 


Chapter  6. — Of  Estates  on  Condition. 


ure  of  the  person  first  required  to  act  is  an  excuse  to  the  other 
party  for  failing  to  comply.  If  the  conditions  be  independent 
no  such  excuse  avails — tlie  law  inclines  to  construe  conditions  to 
be  indej)endent. 

§2280.  Upon  breach  of  condition  subsequent,  working  a  for- Effector 
feiture,  the  ])erson  to  whom  the  estate  is  limited  may  enter  im-Sition. 
mediately. 


CHArTEK  VII. 

OF  TENANCY  IN  COMMON. 


Sbctiox. 

2284.  Adverse  posRePsion. 

2285.  Partition. 


Rbotio.v. 

2281.  .Joint  tenancies  abolished. 

2282.  Definition  of  tenancy  in  common. 

2283.  Rights,  &c..  of  co-tenants. 

§2281.  Joint  tenancy  does  not  exi^t  in  this  h^tate,  and  all  such  joint  tenan- 
estates,  under  the  English  law,  will  be  held  to  be  tenancies  in[lhod.^'" 
common  under  this  Code. 

§  2282.  Wherever  two  or  more  persons,  from  any  cause,  are  en-Deflniuonof 
titled  to  the  possession,  simultaneously,  of  any  property  in  this  cTmmcfi..'^ 
State,  a  tenancy  in  connnon  is  created.  Tenants  in  common 
may  have  unequal  shares ;"  they  will  be  held  to  be  equal,  unless 
the  contrary  appears.  The  fact  of  inequality  does  not  give  the 
person  holding  the  greater  interest  any  privileges,  as  to  posses- 
sion, superior  to  the  person  owning  a  lesser  interest,  so  long  as  the 
tenancy  continues. 

§2283.  Every  tenant  in  common  has  the  right  to  possess  thewghtsand 
joint  property,  and  so  long  as  he  occupies  no  greater  portion  of  it  coSnl,"' 
than  his  own  share  would  be  on  division,  and  does  not  withdraw 
from  it  any  of  its  essential  value,  such  as  mineral  deposits,  he  is 
not  liable  to  account  for  rent  to  his  co-tenant :  but  if  he  receives 
any  rent,  or  other  proiit,  ov  commits  any  waste ;  or  if  he,  by  any 
means,  deprives  his  co-teiuint  of  the  use  of  his  fair  proportion  of 
the  property,  or  if  he  appropriates  all  to  his  exclusive  use,  or  if 
the  property  is  of  such  a  character  as  the  use  of  it  must  necessa- 
rily be  exclusive,  then  he  is  liable  to  account  to  his  co-tenant. 

§2284.  There  can  be  no  adverse  possession  against  a  co-tenant  Adverse 
until  actual  ouster,  or  exclusive  possession  after  demand,  or  ex-  p"^*'^*^""- 
press  notice  of  adverse  possession,  in  either  of  M'hich  events  the 
co-tenant  may  sue  at  law  for  his  possession. 


440 


PT.  2.— TIT.  5.— Pkopekty,  &c. 

Chapter  7. — Of  Tenancy  in  Common. 


Partition.         §  2285.  Upon  application  by  any  tenant  in  common,  the  Supe- 
rior Court  may  order  partition  as  hereinafter  provided. 


Definition. 


For  whom. 


Separato 
estates. 


CHAPTER  VIII. 

OP  TRUST  ]<:STATK?. 

Akticle  1.  Of  their  creation  and  nature. 
Article  2.  Of  trustees,  appointment,  powers,  I'L'o. 


ARTICLE  I. 


OF  THEIR  CR]':ATI0N  AND  NATURK. 


Section. 

2286.  Definition. 

2287.  For  whom. 

2288.  Separate  estate. 

2289.  Expressed  or  implied. 

2290.  Definition. 

2291.  Express — liow  created. 

2292.  Contingent  ancJ  shifting-. 


Sectiox. 

!   2293.  Resulting  trust.-^. 

2294.  Execution  of  trusts. 
i  2295.  E.vecuted  and  executory. 
I   2296.  Use  upon  use. 

2297.  Implied  trusts. 
I  2298.  Parol  evidence. 

2299.  Precatory  words. 


Express,  &c. 
Definitions. 


§2286.  Estates  may  be  created,  not  for  the  benefit  of  the 
grantee,  but  for  the  use  of  some  other  person.  They  arc  termed 
trust  estates.  Xo  formal  words  arc  necessary  to  create  such  an 
estate.  Whenever  a  manifest  intention  is  exhibited,  that  an- 
other person  shall  have  the  benefit  of  tlio  property,  the  grantee 
shall  be  declared  a  trustee. 

§  2287.  Trust  estates  may  be  created  for  the  benefit  of  any  fe- 
male, or  minor,  or  person  nori  comjyofi  moifift.^ThGX  cannot  be 
created,  in  any  property,  for  any  male  person  of  sane  mind^  In 
such  cases,  whether  of  ex])ress  or  implied  trusts,  the  beneficiary 
takes  the  j^i'operty  free  from  tlic  trust.  If  created  for  the  joint 
benefit  of  a  man  and  his  wife,  one-half  the  estate  vests  in  the 
husband,  and  tlie  remainder  in  the  trustee  for  the  separate  use  of 
the  wife. 

§  2288.  Iso  words  of  se})arate  use  are  necessary  to  create  a  trust 
estate  for  the  wife.  The  appointment  of  a  trustee,  or  any  words 
sufficient  to  create  :;  trust,  shall  operate  to  create  a  separate  es- 
tate. 

§  2289.  Trusts  are  eithei-  express  or  implied. 

§2290.  Express  trusts  are  those  created  and  manifested  by 
agreement  of  the  parties.     Implied  trusts  are  such  as  are  inferred 


PT.  2.— TIT.  o.— CHAP.  8.— Property,  &c.  441 

Article  1 . — Creation  aud  Nature  of  Tnipt  Estates. 

'"by  law  froin  the  nature  of  the  transaction,  or  tlie  conduct  of  the 
parties. 

§  2291 .  All  express  trusts  must  be  created  or  declared  in  writing.  Express,  a- 

§2292.  Ai!  express  trust  may  depend  for  its  operation  upon  a  contingent 
future  event,  and  is  then  a  contingent  trust.     It  may  operate  in  *""*«''"*"^ 
favor  of  aflditional  or  other  heneficiaries   u]ion   specified   contin- 
gencies, and  is  then  a  sliifting  trust. 

§ 2293.  An  implied  trust  is  sometimes  for  the  Itenefit  of  the  Re^uUin? 
grantor,  or  his  heirs,  or  heirs  or  next  of  kin  of  a   testator,  and  is^™**' 
then  a  resultin<j:  trust. 

§  2294.  Trusts  are  either  executed  or  executory.  In  the  former,  Execnted 
everything  has  lieen  done  by  the  trustee  required  to  secure  thetoit*''**'" 
property,  or  render  certain  the  interest  of  the  beneficiaries,  and 
all  that  remains  for  him  to  do,  is  to  preserve  the  property  and 
•execute  the  benelicial  purposes.  In  executory  trusts,  something 
remains  to  l)e  done  by  the  trustee,  either  to  secure  the  property, 
to  ascertain  the  objects  of  the  trusts,  or  to  distribute  according  to 
a  specified  mode,  or  some  other  act,  to  do  whicli  requires  him  to 
retain  tlie  legal  estate. 

§229o.  In  an  executed  trust,  for  the  benefit  of  a  i)eri^on   capa- Kx^cuted 
ble  of  taking  and  managing  property  in  his  own  right,  the  legal  t^^.*^'^" 
title  is  merged  immediately  into  the  equitable  interest,  and  a  per- 
fect title  vests  in  the  beneficiary  according  to  the  term>  and  limi- 
tations of  the  trust. 

§229^.  The  technical  rule  that  a  trust  cannot   be  limited  on  ausonpon 
trust,  and  that,  consequently,  only  the  first  tni>t   is  executed,   is"*"" 
abolished. 

§  2297.  Trusts  are  imidied — 

1.  Whenever  the  legal  title  is  in  one  person,  but  the  benefi- *""'*'■ 
cial  interest,  either  from  the  payment  of  the  purchase  money  or 
other  circumstances,  is  either  wholly  or  partially  in  another. 

2.  AYhere,  from  any  fraud,  one  person  obtains  the  title  to  pr»»- 
perty  which  rightly  should  belong  to  another. 

3.  Where,  from  the  nature  of  the  transaction,  it  is  manifest 
■that  it  was  the  intention  of  the  parties  that  the  person  taking  the 
'legal  title  shall  have  no  beneficial  interest. 

4.  Where  a  trust  is  expressly  created,  but  no  uses  are  declared, 
or  are  ineffectually  declared,  or  extend  only  to  a  part  of  the  es- 
tate, or  fiiil  from  any  cause,  a  resulting  trust  is  implied  for  the 
'benefit  of  the  grantor,  or  testator,  or  his  heirs. 


442 


FT.  2.— TIT.  5.— CHAP.  8.— Property,  &c. 


Article  1. — Creation  and  Nature  of  Trust  Estates. 


Parol  evi- 
Jenee. 


Precatory 
words. 


§  2298.  In  all  cases  when  a  trust  is  sought  to  be  implied,  the 
court  may  hear  parol  evidence  of  the  nature  of  the  transaction, 
or  the  circumstances,  or  conduct  of  the  parties,  either  to  imply  or 
rebut  a  trust. 

§  2299.  Precatory  or  recommendatory  words  will  create  a  trust 
if  they  are  sufficiently  imperative  to  show  that  it  is  not  left  dis- 
cretionary with  the  party  to  act  or  not,  and  if  the  subject  matter 
<jf  the  trust  is  defined  with  sufficient  certainty,  and  if  the  object 
is  also  certainly  defined,  and  tlie  mode  in  which  the  trust  is  to  be 
executed. 


AKTICJ.E  II. 

OF  TRUSTEES— TIIKIR  APPOINTMENT.   POWERS,  Ac 


SEcno.N". 

2300.  Trustees  appointed. 

2301.  Proceeding  at  chaniber.s. 

2302.  Return  to  Ordinary. 

2303.  Liability  of  naked  trustee. 

2304.  Duty  of  trustees. 

2305.  Sales  by  trustees. 
230G.  The  same. 

2307.  Purchaser  with  notice. 
230S.  Investments  in  stocks. 
2309.  Profits  made. 


Skctiox. 

i   2310.  Following  lunus. 

2311.  Dispo.'jition  of  income. 

2312.  Lien. 

2313.  Debts  of  cr.sYut  (/('.e  trust. 
]   2314.  Sale  b}-  beneficiary. 

!  2315.  Lien  on  estates  for  tru.«t  funds 
I   231G.  Acceptance  of  trust. 

2317.  Extent  of  trustee's  estate. 

2318.  Relief  of  securities  on  Viond. 
2310.  Compensation. 


ivustoesnp-  §2300.  Trustccs  may  bc  appointed  bv  the  party  creating  the 
estate,  and  he  may  confer  the  power  of  removal  and  appointment, 
by  the  deed  to  the  beneficiaries,  prescribing  the  mode  of  its  exe- 
cution. 

•odrnmbefs.  § -'^^*1-  Tlic  Judgc  of  the  Supcrior  Court  of  each  county,  has 
power,  either  in  term  or  at  chambers,  on  petition  by  all  the  ben- 
eficiaries in  a  deed,  who  have  arrived  at  years  of  discretion,  and 
on  proper  notice  to  the  trustee,  if  there  be  one  residing  in  this 
State,  to  remove  and  appoint  trustees,  pre6{;ribing  in  each  case 
such  terms,  and  requiring  such  bonds  as  in  his  discretion  he  may 
think  proper,  but  in  no  case  omitting  to  require  a  bond  where  mi- 
nor beneficiaries  are,  or  ma}-  be  interested.  The  petition,  notice, 
order  and  other  papers  in  such  cases,  if  done  in  vacation,  shall  be 
returned  to  the  Clerk  of  the  Superior  Court,  to  be  recorded  in 
the  book  of  the  minutes  of  said  court. 

Eeturus  w        S  230i'.  All  trustccs  havino;  in  their  hands  a  pecuniarv  fund,  as 

Ordinary.  ^  .     .  ^  .     .  ^       .  "  . 

A  part  ot  tlie  trust  estate,  or  receiving  any  sums  of  money  as  m- 


FT.  2.— TIT.  5.— CHAP.  N.— Property,  &c.  443 


Article  2. — Of  Trustees — their  Appointment,  Powers.  &c. 


come  or  proceeds  of  such  estate,  shall  make  returns  to  the  Ordi- 
nary, and  receive  commissions  on  such  returns,  under  the  same 
rules  and  regulations  as  are  prescribed  for  guardians,  and  such 
returns,  when  allowed  and  recorded  hy  the  Ordinary,  shall  be 
prima  facie  evidence  in  their  favor  as  to  their  correctness. 

^  2308,  A  naked  trustee,  holding  the  title  when  possession  of  Liability  of 

,,,„...  •!  1       i^      naked  trn&- 

the  property  is  with  the  beneficiary,  is  in  no  way  responsible  tor  tec?, 
its  income  or  preservation,  except  where  there  are  beneficiaries  in 
remainder,  or  who  arc  minors,  and  in  such  case  he  is  responsible 
only  for  gross  neglect. 

§  2304.  Trustees,  having  possession  of  the  trust  property,  are  Duty  ©r 
hound  to  ordinary  diligen(!e  in  the  preservation  and  protection  of  ""  *"**■ 
the  same. 

§  2305.  A  trustee,  unless  expressly  authorized  by  the  act  crea-  j.^,gg  ^^ 
ting  the  tnist,  or  with  the  voluntary  consent  of  all  the  beneficia-  ^^^^^^^ 
ries,  has  no  authority  to  sell  or  convey  the  corjnis  of  the  trust  es- 
tate, but  such  sales  must  be  by  virtue  of  an  order  of  the  Court  of 
Chancery,  upon  a  regular  application  to  the  same ;  such  applica- 
tion may  be  made  to  the  Judge  in  vacation,  on  full  notice  to  all 
parties  in  interest,  and  the  order  for  such  sale  may  be  granted  at 
chambers,  the  proceedings  to  be  recorded,  as  above  provided,  on 
application  for  appointment  of  trustees. 

§2306.  Sales  by  trustees,  unless  otherwise  provided  in  the  or- t,,,^  gjj„,g 
der,  shall  be  made  under  the  same  rules  and  restrictions,  in  every 
respect,  as  provided  for  sales  by  administrators  of  estates. 

§2307.  The  purchaser  from  a  trustee,  witli  notice,  actual  or  p^j.^,^3gg^ 
constructive  of  the  trust,  holds  as  trustee  for  the  beneficiaries;^'^'*""""- 
if  the  purchase  be  hona  fid<\  and  without  notice,  the  purchaser 
holds  the  property  freed  from  tlie  trust. 

§  2308.  Any  trustee  holding  trust  funds  may  invest  the  same  investment 
in  stocks,  ])onds,  or  other  securities,  issued  by  this  State,  making 
a  true  return  of  the  price  paid,  and  time  of  purchase ;  such  in- 
vestments shall  be  free  from  taxation,  so  long  as  held  for  the 
trust  estate.  Any  other  investments  of  trust  funds  must  be 
made  under  an  order  of  the  Superior  Court,  either  in  term  or 
granted  by  the  Judge  in  vacation,  or  else  at  the  risk  of  the 
trustee. 

§2309.  The  trustee  iiiiist  not  use  the  trust  funds  to  his  own  Profits  mau* 
profit.     He  is  liable  to  account  for  all  such  profits  made. 

§2310.  The  beneficiary  of  a  trust  estate  may  follow  the  funds 


444  FT.  2.— TIT.  5.— CHAP.  8.— Pkopeety,  &c. 


Article  2. — Of  Trustees — their  Appointment,  Powers,  &c. 


Following    wherever  they  can  be  traced,  and,  at  his  option,  may  affirm  or 

■fnnds.  .  1.1.  11  J.  '  ./ 

reject  an  unauthorized  investment  by  the  trustee. 

Disposition  §2311.  Ti'ustees  are  authorized,  out  of  the  income  of  the  et^.- 
tate,  to  pay  all  debts  incurred  for  its  protection  and  preservation, 
and  to  appropriate  a  sufficiency  of  tlie  balance  for  the  support 
and  maintenance  of  the  beneficiaries  of  the  trust.  lie  cannot 
encroach  upon  the  corpus  of  the  estate,  except  by  order  of  the 
Chancery  Court. 

Uen.  §2312.  Trustees  are  not  authorized  to  create  any  lien  upon  tlie 

trust  estate,  except  such  as  are  given  bj  law. 

Debts  of  c6«-      §2313.  A  beneficiary  havinc;  possession  of  the  trust  estate,  or 

^w-*  5'w-«  trust        -  ...  ... 

when  the  trustee  fails  or  refuses  to  provide  for  its  protection  and 
preservation,  or  for  the  support  and  maintenance  of  the  bene- 
ficiary, may,  though  a  feme  covert,  contract  debts  for  these  pur- 
poses. The  trust  estate  of  sucli  beneficiary  shall  be  lial)le  for  the 
payment  of  such  debts. 
Sale  by  §2314.  A  bcueficiary  of  a  trust  estate,  of  full  age  and  of  sound 

beneflcwry.  y^^[j^^^  ^^^.^y  voluntarily  sell  and  convey  any  portion  of  her  inter- 
est in  such  estate  to  any  person,  except  her  husband  or  her  tinis- 
tee,  and,  upon  application  to  the  court,  such  sale  may  be  con- 
firmed, in  the  discretion  of  the  court,  and  the  proceeds  re-inves- 
ted under  order  of  the  court. 
Lien  ones-       §2315.  The  cstatc  of  a  trustee,  dying  chargeable  with  trust 
SJfst  fiends,  funds  in  hand,  shall  be  appro])riated,  first,  to  the  payment  of 
such  indebtedness,  after  tlie  funeral  expenses,  in  preference  to  all 
other  liens  and  claims  whatever. 
Acceptance       §  231G.  The  acceptance  of  a  trust  is  necessary  to  constitute  a 
person  trustee ;  it  may  be  done  by  acts  as  well  as  words.     After 
acceptance  no  disclaimer  will  remove  the  character  of  trustee. 
Extent  of         §2317.  Generally,  a  trustee  takes  an  estate  as  large  and  exten- 

trustee'scs-     ,     ,  ,  .   .'  .     , 

tote.  (led  as  the  necessities  oi  the  trust  require,  and  no  more. 

Belief  of         §  2318.  Sureties  on  the  bonds  of  trustees  may  be  relieved  from 

sureties.  liability  by  the  Judge  of  the  Superior  Court,  either  at  a  regular 
term  or  at  chambers,  upon  the  same  terms  and  conditions  as  pre- 
scribed for  the  relief  of  sureties  on  the  bonds  of  guardians  by  the 
Ordinaiy. 

Oompensa-  §  2319.  Trustccs,  for  their  service,  shall  be  entitled  to  the  same 
compenseusation  as  guardians  for  similar  services. 


PT.  2.— TIT.  ('..—CHAP.  1.— TrrLE,  ^c.  445 

Article  1. — Grants  Generally. 


TITLE  VI. 

OF  TITLK  AN]>  THH  MODE  OV  COXVKYANCK. 

Chapter  1.  Of  irrants-. 

('hapteu  2.  Of  title  by  will. 

Chai»tkk  3.  Of  title  by  descent,  adiniiiistnitiini  and  distribution. 

Chapter  4.  Of  title  by  judicial  sale. 

Chapter  5.  Of  title  by  contract. 

Chapter  0,  Of  title  by  escheat  and  forfeiture. 

Chapter  7.  Of  title  by  prescription. 

(hiAPTER  S.  Of  conveyances. 


CHAPTER  I. 

t)V  TITLK  P,Y  GRANT. 

Article  1.  (Generally. 

Article  2.  Of  head  rights. 

Article  3.  Of  land  lotteries. 

Article  4.  ( )f  processioning. 

ARTICLE  I. 

GRANTS  GENERALLY. 


Section. 

2320.  What  is  title. 

2321.  And  perfect  title. 
'.'322.  Origin  in  grant. 

2323.  Form  of  grants. 

2324.  Errors  in  grants  may  be  corrected. 

2325.  Proceeding  for  tins  purpose. 
232G.  Effect  of  objections. 

2327.  Issne — liow  formed  and  tried. 


Section. 

2328.  Question  of  law — how  decided. 

2329.  Filing  of  papers. 

2330.  If  original  grant  is  lost. 

2331.  Effect  of  corrected  grant. 

2332.  How  grants  may  bo  set  aside. 

2333.  ITow  impeached. 

2334.  Nothing  taken  by  implication- 

2335.  Presumtion  of  a  grant. 


§2320.  Title  is  the  means  whereby  a  person's  right  t(»  prop- Avhat  is  u- 
erty  is  established.  *^'*'- 

§2321.  One   person  may  liave  the   right  of  possession  and  am  perfect 
another  the  right  of  property.     In  the  union  of  the  two  consists  "*'^" 
a  perfect  title. 

§  2322.  The  title  to  all  lands  in  this  State  originates  in  grants  o.igin  lu. 
from  the  government,  and  since  its  independence  from,  tlie  State.. ^™°*' 


446  PT.  2.— TIT.  «.— CHAP.  1.— Title,  &o. 


Article  1. — Grants  Generally. 


Form  of  8  2323.  The  form  of  grants  heretofore  used  in  this  State  ip 

grants.  "  .  ~ 

hereby  established,  and  a  substantial  compliance  with  the  same 
shall  be  held  sufficient. 
Errors  iu  §  2324.  The  following  errors  in  the  issuing  and  recording  of 

boTor^re^reU  grauts  uiaj  bc  corrected,  viz  :  any  error  in  the  name  or  residence 
of  the  grantee,  or  the  location,  or  character,  or  boundary  of  the 
land,  or  in  any  other  matter  or  thing  connected  with  the  appli- 
cation for,  or  issuing  of  the  grant,  or  in  recording  or  transcribing 
the  names  of  applicants  for  draws,  or  of  fortunate  drawers  in 
the  several  land  lotteries,  or  any  omission  in  any  of  the  offices, 
or  on  the  part  of  any  of  the  agents  of  the  State,  or  any  other 
mistake  in  the  recording  thereof,  or  any  other  error  M-hereby  the 
true  grantee  is  deprived  of,  or  jeoparded  in  his  right. 
I'rocceiiin^'       §2325.  lu  all  sucli  cascs  tlic  application  must  ])e   made   in 
for  this  pur-  ^^.j^.j^jj^^j,  ^y  ^|jg  Govcmor,  and  evidence  produced  to  him  that 
notice  in  writing  of  the  nature  and  time  of  the  application  has 
l)een  served  upon  every  person  wlio  may  be  in  any  manner  in- 
terested in  the  question ;  and  if  no  objection  be  filed,  and  satis- 
factory evidence  of  the  error  or  mistake  l)e  produced  and  sub- 
mitted to  writing,  the  Governor  may  pass  an  order  requiring  the 
error  to  be  corrected,  and  if  necessary,  a  new  grant  to  be  issued 
upon  the  first  grant  being  delivered  up  to  be  cancelled. 
Kffectofob-      §232(5.  If  objections  be  filed,  and  it  shall  appear  that  such  cor- 
jections.      ^.^(.tiyii  -will  interfere  with  tlic  vested  rights  of  otlier  ho/ia  fide 
claimants,  the  Governor  shall  refuse  to  make  such   correction, 
but  leave  the  parties  to  their  judicial  remedies. 
Issue— how       §  2327.  If  the  fact  is  doubtful  as  to  the  interference  with  the 
tormed  and  ^.^^^.^(j  nghts  of  othcrs,  the  Govcmor  may  cause  an  issue  to  be 
made,  and  to  certify  the  same  to  the  Superior  Court  of  the  coun- 
tv  where  the  land  lies,  requiring  the  court  to  cause  the  same  to 
be  tried  before  a  special  jury,  and  have  their  verdict  certified  to 
him. 
iiuestionof       §2328.  If  the  doubt  arises  upon  a  question  of  law,  the  Gov- 
d*edde'd.''     ernor  may  certify  the  same  to  the  Judges  of  the  Supreme  Court, 
and  request  their  written  opinion  of  the  same  to  be  returned  to 
him. 
Filing  of  pa-      §2329.  All  the  papers  and  evidence  upon  every  such  applica- 
P""'  tion  shall  be  filed  and  preserved  in  the  Executive  office. 

If  original         §  2330.  If  the  applicant  for  a  corrected  grant  shall  not  be  able 
grant  is  lost.  ^^  pj-Q^^^^c  the  oHgiual  grant  to  be  cancelled,  the  Governor  may 


J*T.  2.— TIT.  0.— CHAP.  1.— Title,  <fec.  447 

Article  1^ — Grants  Generally. 


iftRUc  the  corrected  grant,  after  advertisinir  for  six  moiithB  at  the 

expense  of  the  apph'caiit,  for  any  objection  to  he  filed. 

§2331.  AH  corrected  i^rnnts  shall  take  effect  from  the  time  of  F.ff,■ftoroo^- 
,        .  ,.     ,  .    .       ',  ,  1     11  ly  1  1  not  ed  grants 

the  issue  oi  the  original  grant,  but  shall  not  aitect  the  vested 
rights  of  hojia  fidn  purchasers  witliout  notice,  and  all  corrected 
grants  shall  ])ear  upon  their  face  a  note  of  the  correction  made, 
and  the  date  of  the  Executive  order  under  which  it  was  made. 

j5  2332.  Grants  issued  bv  the  State  may  be  set  aside  by  the  ii<"^  erant* 
Superior  Court  of  the  county  where  the  land  lies  upon  a  writ  of  a8Jd<'- 
^cire  facias^  on  the  ground  that  the  same  were  obtained  by  fraud 
-or  willful  misrepresentations  by  the  grantee,  or  those  in  privitv 
with  him,  to  the  officers|of  the  State :  or  on  the  ground  of  collu- 
sion between  the  grantee  and  the  said  ofHcers  ;  or  of  fraud,  acci- 
<lent  or  mistake  by  the  officers  known  to  the  grantee. 

§2333.  Grants  may  be  impeached   l>efore  the  courts    where  How  im- 
they  are  void  upon  their  tace,  or  arc  issued  without  authority  of  ^^^^"^ 
law,  or  against  a  prohibition  in  a  statute,  or  for  proj)ertv  to  Avhich 
the  State  had  no  title.     But  mere  irregularities  in  the  ]>roceed- 
ings  to  obtain  them  shall  not  be  inrpiired  into,  nor  can  a  mistake 
in  the  name  of  the  grantee  be  proved  by  parol. 

§2334.  A  grantee  of  lands  or  a  franchise  takes  nothing  by  im- Nothing' u- 
])lication,  but  is  confined  to  the  terms  of  his  charter;  but  every pis^atfon'"" 
presumption  is  in  favor  of  a  grant. 

§  2335.  Twenty  years'  possession  of  land  under  a  claim  of  right,  rrosump- 
when  the  same  is  subject  to  entry  and  grant,  shall  authorize  theS-a"".^  " 
courts  to  presume  a  grant. 


AKTICLE  II. 

OF  hi":ai)  rights. 

:5ectiok.  !  Section. 

2336.  Lands  siilijcct  to  head  rights.  2343.  "Warrant. 

2337.  Irregularities  do  not  avoid.  &C-.        ,   2344.  Ilis  certificate  ifthe  land  is  granted. 


2338.  Former  acts  continued. 

2339.  Inferior  Court,  &c. 

2340.  Application  for  warrant,  ko. 


2345.  False  return  by  survej-or. 

2.346.  Duty  of  clerk. 

2347.  Grant — how  obtained. 


2341.  Preference  to  first  filed.  '  2348.  Interest  not  subject  to  levy,  &c. 

2342.  Caveat.  2349.  Grants  must  be  had  in  two  years. 

§  2336.  The  lauds  heretofore  declared  by  law  to  l)e  subiect  to  ^^^^  v"'',. 

^  J  ject  to  head 

entry  under  the  various  acts  granting  head  rights,  shall  so  con-""^'*- 
tinue  without  any  further  act  extending  the  time. 


448 


PT.  2.— TIT.  t>.— CHAP.  1.— Title,  &c. 


Article  2.— Of  Ilciid  Rights. 


Irregnlari- 
ties  do  not 
avoid  past 
i^rants. 


Former  acts 
continued. 


Inferior 
Court  shall 
bo  the  land 
court. 


Application 
ior  warrants 
— how  made 


Preference 
lo  first  filed 
or  person  in 
possession. 


Ciiveat. 


How  tried. 


§  2337.  All  grants  lieretolbre  issued  on  warrants  granted  bv 
land  courts,  professing  to  be  constituted  under  said  acts,  shall  be 
held  valid  and  good,  notwithstanding  one  or  more  Justices  of 
the  Inferior  Court  may  have  constituted  the  land  court,  and  not- 
withstanding any  other  irreguhirity  not  the  result  of,  or  amount- 
ing to  fraud. 

§  2338,  The  several  acts  opening  land  courts  in  dilferent  coun- 
ties, and  all  acts  amendatory  of  the  same,  shall  remain  in  force 
after  the  adoption  of  this  Code  in  tlie  same  manner  as  if  the  same- 
were  of  force  prior  to  such  adoption,  except  so  far  as  changed  by 
this  article. 

§  2339.  The  Inferior  Court  of  each  county  shall  hereafter  con- 
stitute the  land  court,  and  all  the  powers  of  the  land  court,  are- 
hereby  transferred  to  said  Inferior  Court,  to  be  exercised  only 
at  a  regular  term  thereof 

§  2340.  All  applications  for  warrants  shall  be  made  in  A\Titing- 
to  said  court,  and  shall  specify  as  accurately  as  possible,  the  va- 
cant land  for  whicli  a  warrant  is  sought,  and  written  notice,  at 
least  ten  days  before  the  session  of  the  court  shall  be  served  by 
the  Sheriff  or  his  Deputy  on  the  person  in  possession,  if  any,  and 
on  each  owner  of  land  adjoining  the  land  alleged  to  be  vacant, 
if  such  owner  resides  in  the  county.  If  he  is  non-resident,  that 
fact  shall  be  returned  by  the  officer,  and  the  court  shall  adopt 
such  means  as  it  deems  proper  to  convey  notice  to  him.  The 
record  must  show  the  names  of  the  persons  notified,  and  the 
grant  shall  be  valid  against  no  other  owner  of  adjacent  lands. 

§2341.  All  such  applications  shall  be  filed  by  the  clerk  as 
received,  and  when  two  or  more  applications  are  filed  for  the 
same  land  the  first  filed  shall  have  the  preference,  unless  one  of 
the  applicants  be  in  actual  or  constructive  possession,  in  wliich 
case  he  shall  have  the  preference. 

§  2342.  Any  owner  of  the  adjacent  land  or  lands  covered  by 
the  application,  may  file  a  caveat  to  the  issuing  a  warrant,  or  to 
the  granting  of  the  land,  at  any  time  before  the  certified  plat  of 
the  same  is  transmitted  to  the  office  of  the  Secretary  of  State, 
and  such  application  and  caveat  shall  be  transmitted  by  said 
court  to  the  Superior  Court  of  the  county,  to  be  there  tried  as 
other  land  cases.  The  final  judgment  of  the  Superior  Court 
shall  be  certified  Ijy  its  clerk  back  to  the  laud  court. 

§  2343.  If  no  caveat  is  filed,  or  if  filed  is  not  sustained,  the 
said  Inferior  Court  shall  issue  a  warrant  directed  to  tlie  Coimtv 


PT.  2.— TIT.  0.— CHAP.  1.— Title,  ifec.  449 


Article  2.— Of  Head  Rights. 


Surveyor,  requiring  liim  to  view  the  laud  alleged  to  lie  vacant, 
and  if  upon  due  examination  of  the  adjoining  surveys  he  is 
satisfied  that  the  same  is  vacant,  to  make  an  accurate  survev  and  Duty  of 

**  siirvcvor. 

plat  of  the  same  and  return  the  plat  to  the  said  court  with  his 
official  certificate  as  to  its  accuracy,  the  time  of  survey,  and  his 
opinion  that  the  same  is  vacant.  Xotice  of  the  time  of  survey 
shall  be  given  to  all  the  owners  of  adjacent  lands,  resident 
within  the  cc unity,  by  the  County  Surveyor  at  least  ten  days 
before  the  time  appointed,  and  like  notice  of  any  delay  or  post- 
ponement of  the  time. 

§234:-l-.  If  the  County  Surveyor  shall  be  satisfied  that  the  land  hi8  oectifi- 
is  not  vacant,  he  shall  certify  the   tact  to   the  court  issuing  theundis"** 
warrant,  with  the  name  of  the  grantee  or  grantees,  to  whom,  in  ^™° 
his  opinion,  the  same  has  been  granted,  and  return  the  warrant 
to  the  court.     The  aiu)Hcant,  if  he  sees  proper,  mav  take  issue 

■^  ^  '■        '^  •  Issue  there- 

upon such   return,  and  such  issue  shall   be  transmitted  to  the*"- 

Superior  Court,  in  like  manner  as  a  caveat,  to  be  there  tried. 

The  Superior  Court  shall  give  notice,  in  the  most  practicable 

manner  to  the  o^\^ler  or  owners  of  the  old  grant  or  grants  of  the 

pendency  of  such  issue  before  the  trial  of  the  same.     If  the 

issue  is  found  for  the  applicant  the  survey  shall  proceed. 

§2345.  Any  County  Surveyor  who  shall  knowingly  or  with- Kaise  return 
out  due  precaution  certify  as  vacant,  land  covered  by  a  former  ^•'''*"'"''*'^*""' 
grant,  shall  be  liable,  with  his  sureties  on  his  bond,  to  the  owner 
of  such  land  for  double  the  value  of  the  same,  at  any  time  before 
the  trial  of  the  cause. 

§2346.  It  shall  be  the  duty  of  the  Clerk  of  the  Inferior  Court  i>uty  of 
to  record  accurately  all  such  plats  as  shall  be  ordered  to  be  sent  '''^''' 
to  the  Secretary  of  State's  office,  to  be  granted. 

§2347.  When  a  survey  of  vacant  land  is  returned  by  theonint-how 
County  Surveyor,  and  no  caveat  is  filed,  or  if  filed,  is  not  sus- "''*^"^'*' 
tained,  the  court  shall  pass  an  order  declaring  the  application 
sustained  and  the  report  of  the  Surveyor  confirmed,  and  direct 
the  plat  of  the  survey,  together  with  a  certified  copy  of  the 
order,  to  be  forwarded  to  the  oftice  of  the  Secretary  of  State, 
by  whom  it  shall  be  recorded,  and  a  grant  to  the  land  to  the 
applicant,  or  his  assignee,  shall  be  made  and  issued  as  in  other 
cases. 

§2348.  Though  subject  to  be   assigned,  the    interest  of  the  i„t„r..,t  no. 
applicant  in  the  land  surveyed  shall  not  be  subject  to  levy  and  f",!'J';„'d'^aie 
sale  prior  to  the  issuance  of  the  grant. 
2U 


450 


PT.  2.— TIT.  6.— CHAP.  1.— Title,  &c. 


Article  2.— Of  Head  Rights. 


Grants  must 
be  had  in 


2349.  If  a  grant  is  not  applied  for  in  two  years  from  the 
two  years,    passiug  of  tliB  final  Order  by  the  land  court,  the  land  shall  be 
considered  vacant,  and  subject  to  re-survey  under  head  rights. 


ARTICLE  III. 


OF  LAND  LOTTERIES. 


Section". 
2350.  Former  acts  continued. 


I  Section. 

I   235 L  Reverted  lots. 


Former  acts 
continued. 


Keverted 
lots. 


§  2350.  The  several  acts  in  reference  to  the  various  land  lot- 
teries, heretofore  authorized  by  this  State,  so  far  as  the  same  are 
now  in  force,  shall  remain  of  the  same  effect  and  validity  as  if 
this  Code  was  not  adopted,  except  so  far  as  the  same  may  be 
modified  hy  the  operation  thereof. 

§2351.  All  lands  reverting  to  tlie  State,  under  the  operation 
of  these  laws,  and  not  yet  disposed  of,  and  all  reserves  still  be- 
longing to  the  State,  shall  remain  the  property  of  the  State, 
until  further  action  by  the  Legislature.  And  all  sucli,  together 
with  all  ungranted  lands,  now  within  the  bounds  of  the  State, 
and  not  subject  to  grant  under  its  laws,  are  hereby  pledged  and 
set  apart  to  be  appropriated  by  the  Legislature  to  the  cause  of 
education  in  this  State. 


Appoint- 


ARTICLE  ly. 


PROCESSIONING. 


Section. 

2352.  Appointment  of  processioners. 

2353.  What  is  processioning. 

2354.  Surveyor's  duty. 

2355.  Rules  in  disputed  lines. 

2356.  General  reputation— when  evidence 


Section. 

2357.  Adverse  possession. 

2358.  Protest  and  appeal,  &c. 

2359.  Fees. 

2360.  Return. 

2361.  Land  cut  off  by  running  stream. 


§  2352.  The  Justices  of  the  Inferior  Court  of  each  county,  or 
Zl&ionjr'  any  three  of  them,  shall,  at  the  second  term  of  their  court,  on 
every  second  year,  appoint  three  suitable  persons  in  every  militia 
district  in  the  county,  who  shall  be  processioners  of  land  for  that 
district,  until  their  successors  are  appointed.  Vacancies  may  be 
filled  in  the  same  manner,  at  any  time.  If  none  are  appointed, 
the  court  shall  appoint,  at  any  regular  term,  on  the  application 
of  any  land  owner. 


PT.  2.— TIT.  6.— CHAP.  1.— Tfile,  &c.  451 

Article  4. — Processioning. 
S2353.  Every  owner  of  land,  any  portion  of  which  lies  in  anv  what  is  pro- 

,.'.-,...  .  ■'   cessioning. 

district,  though  the  remainder  lies  m  an  adjoining  district,  or  an 
adjoining  county,  wlio  desires  the  lines  around  his  entire  tract  to 
be  surveyed  and  marked  anew,  shall  apply  to  the  processioners 
of  said  district  to  appoint  a  day  when  a  majority  of  them,  with 
the  County  Surveyor,  will  trace  and  mark  the  said  lines.  Ten 
days'  written  notice  of  the  time  of  such  running  and  marking 
shall  be  given  to  all  the  owners  of  adjoining  lands,  if  resident 
within  this  State;  and  tlie  processioners  shall  not  proceed  to  run 
and  mark  sucli  lines  until  satisfactory  evidence  of  tlie  service  of 
such  notice  shall  be  produced  to  them. 

§2354.  It  shall  be  the  duty  of  the  County  Surveyor,  with  the  surveyor's 
processioners,  taking  all  due  precaution  to  arrive  at  the  true  lines,  "  ^' 
to  trace  out  and  plainly  mark  the  same.     The  surveyor  shall 
make  out  and  certifv  a  ])lat  of  the  same,  and  deliver  a  copy  thereof  piat. 
to  the  applicant,  and  in  all  future  disputes  arising  in  reference  to 
the  boundary  lines   of  such  tract,  with  any  owner  of  adjoining 
lands,  having  due  notice  of  such   processioning,   such  plat,   and 
the  lines  so  marked,  sliall  he j^^'ima facie  correct,  and  such  plat, 
•certified  as  aforesaid,  shall  be  admissible  in  evidence,  without 
further  proof. 

§2355.  In  all  cases  of  disputed  lines  the  following  rules  shall  uuies  in  dis- 
be  respected  and  followed :  natural  land  marks,  being  less  liable  ^"''' 
to  change,  and  not  capable  of  counterfeit,  shall  be  the  most  con- 
clusive evidence;  ancient  or  genuine  landmarks,  such  as  corner 
station  or  marked  trees,  shall  control  the  course  and  distances 
called  for  by  the  survey.  If  the  corners  are  established,  and  the 
lines  not  marked,  a  straight  line,  as  rerpiired  by  the  plat,  shall  be 
run,  but  an  established  marked  line,  though  crooked,  shall  not  be 
overruled ;  courses  and  distances  shall  be  resorted  to  in  the  ab- 
sence of  higher  evidence. 

§235G.  General  reputation  in  the  neighborhood  shall  be  evi- General 
dence  as  to  ancient  landmarks  of  more  than  thirty  years'  stand-  when^-v""" 
ing,  and  acquiescence  for  seven  years,  by  acts  or  declarations,  of '^^°*'*- 
adjoining  land  owners,  shall  establish  a  dividing  line.  cem:".** 

§2357.  Where  actual  possession  has  been  had,  under  a  claim  Adverse 
of  riglit,  for  more  tlian  seven  years,  such  claim  shall  be  respected,  ^"*'*"''''"- 
and  the  lines  so  marked  as  not  to  interfere  witli  sucli  possession. 

§2358.  Any  owner  of  adjoining  lauds,  who  may  be  dissatisfied  Protest «nd 
with  tlie  lines,  as  run  and  marked  by  the  processioners  and  sur-  perio'rc^urt 
veyor,  may  tile  his  protest  thereto,  with  the  processioners.  within 


¥52  FT.  2.— TIT.  G.— GIIAF.  1.— Title,  etc. 


Article  4. — Processionine-. 


thirty  dajB  after  such  lines  are  run  and  marked,  specifying-  therein- 
the  lines  objected  to,  and  the  true  line,  as  claimed  by  him;  and 
it  shall  be  the  duty  of  the  processioners  to  return  all  the  papers, 
including  the  plat  made  by  the  surveyor,  with  such  protest,  to 
the  Clerk  of  the  Superior  Court  of  the  county  or  counties  where 
the  disputed  land  lies,  (copies  being  sent  to  the  adjoining  county) 
and  it  shall  be  the  duty  of  the  clerk  to  enter  the  same  on  the 
issue  docket,  Jis  other  causes,  to  be  tried  in  the  same  manner,  and 
under  the  same  rules,  as  other  cases.  The  verdict  of  the  jury, 
and  the  judgment  of  the  court,  shall  be  framed  to  meet  the  issue 
tried  and  decided. 
Fees.  §2359.  The  applicant  shall  pay  to  each  of  the  processioners 

one  dollar  per  day  for  his  services,  and  to  the  County  Surveyor 
two  dollars  per  day  for  his  services.  If  a  protest  is  filed,  the  coste 
of  the  court  shall  abide  the  issue. 

^  2860.  The  processioners  shall  make  a  return  of  their  acts,, 
together  with  the  plat  of  the  surveyor,  to  the  Clerk  of  the  Infe- 
rior Court  of  the  county,  to  be  kept  on  file  in  his  office, 
i^nd  cutoff  §  2361.  A\nien  any  water  course  is  one  of  the  boundary  lines  of 
et«am°*°^  a  tract  of  land,  and  its  course  shall  have  been  changed  by  nature 
or  art,  so  that  its  present  channel  shall  cut  oft'  a  part  of  said  land, 
the  processioners  and  surveyor  shall  certify  the  fact,  and  the  plat 
of  the  surveyor  shall  plainly  mark  the  original  and  present  chan- 
nels, designating  the  exact  quantity  of  land  so  cut  oft'. 


PT.  2.— TIT.  6.— CHAP.  2.— Title,  &c:.  453 


Article  1.— Nature  of  Wills.  &,.■. 


CHAPTER  II. 

OF  TITLK  I'.Y  WIL!.. 

Articli:  J.   Of  the  nature  (.)t'  wills — by  wiioiii  and  how  executed. 

viiiTicLE  2.  Of  probate  and  its  effects. 

Article  o.  Of  the  executor. 

Akticle  4.  Of  devises  and  le^j^acies. 

Article  5.  Of  revocation. 

Article  (!.  Of  Nuncupative  wills. 


ARTICLE  I. 

OF  Till';  NATTTRK  ov  WllJ^-BY  WlfOM   AND   HOW  EXKOUrKD. 

SEcrio.v.  ,  Section-. 

2362.  AVluit  is  a  will.  '   2.370.   Kcrenlncity,  imbecility,  &c. 

"'    '"""'"■  -377.  Amount  of  capacity  necessarv. 

2364.  May  be  botli  ,Ic.m1  and  vvill.  2378.  Wills  of  married  women. 

2.365.  Mutual  wills.  9379.  Conviction  of  crime,  &c. 

2366.  Wlien  a  will  take  eire..-i.  '   2380.  Will  of  free  negro. 

2367.  rower  of  testator.  ,  338 1.  Of  blind  mutes. 

2368.  Will  may  be  good  in  part.  Xr.             2382.  Interpreter. 

2369.  Will  should  be  voluntary.  2383.  Formalities  o.'  execution. 
1370.  Fi-aud  vitiates.  •  .304.  Attested  by  illiterate  witnesses. 
-13 (J.  Mistake  vitiates /)/v> /r/^i/fv  -   ■j'^or;    rr;„,„  .c          '  *.            c     -^ 
.,.,_„    ^   ,.  .,               '^  2o85.  lime  of  competency  of  witnesses. 
2372.  Codicil.  o.,^r.    i7',r-„^^(.     ./        ,    .       ,       ^ 
,.^^    „^,  -••'oo-  J*jnect  of  witness  being  legatee. 

^37!'  h!Zr^  '"''''  '  '"''■  ''^^^-  ^^'^^^^^^Se  of  contents. 

"^^  "  _    '     ^-  2388.  Charitable  devises. 

23,..  Insane  persons.  2389.  Discretion  to  executors. 

§2362.  A  Avill   is  Ihcle-alexpressionof  a  man's  wishes  as  to  whai 
the  disposition  of  his  property  after  his  death.  ^'"• 

§23r>3.  No  particular  form  of  words  is  necessary  to  constitute  For. 
a  will,  and  m  all  cases,  to  determine  the  character  of  an  instru- 
ment, whether  it  is  testamentary  or  not,  the  test  is  the  intention 
ot  the  maker,  from  the  whole  instrument,  read  in  the  lic^ht  of  the^i'r  ''''* 
surrounding  circumstances.  If  such  intention  be  to  ^convey  a"  ' 
present  estate,  though  the  possession  be  postponed  until  after  his 
•deatii,  the  instrument  is  a  deed;  if  the  intention  be  to  convey  an 
interest  accruing  and  having  elfect  only  after  his  death,  it  is  a 
will.  ' 

_    §2804.  An  instrument  may  have  effect  in  part  as  a  deed,  andM.,bebotu 
.in  part  jis  a  will,  even  as  to  the  same  property.  wIll  ""** 


•  What  is  a 


454  PT.  2.— TIT.  6.— CHAP.  2.— Title,  (fee. 


Article  1.— Nature  of  Wills,  &c. 


Mutual  wills  §  2365.  Mutual  wills  may  be  made  either  separately  or  jointly, . 
and  in  such  case  the  revocation  of  one  is  the  destruction  of  the  • 
other. 

SkeTeffeTt^  §  2366.  A  wiU  takes  eifect  instantly  upon  the  death  of  testator, 
however  long  the  probate  may  be  post]3oned. 

Power  of  §  2367.  A  testator,  by  his  will,  may  make  any  disposition  of 
his  property,  not  inconsistent  with  the  laws  or  contrary  to  the 
policy  of  this  State;  he  may  bequeath  his  entire  estate  to  stran- 
gers, to  the  exclusion  of  his  wife  and  his  children,  but  in  such 
case  the  will  should  be  closely  scrutinized,  and  upon  the  slightest 
evidence  of  aberration  of  intellect,  or  collusion,  or  fraud,  or  any 
undue  influence,  or  unfair  dealing,  probate  should  be  refused. 

Will  maybe     §  2368.  If  a  wiU  be  legal  in  part  and  illegal  in  part,  that  which 

fnd  vow'in'^'  is  legal  may  be  sustained,  unless  the  M'hole  will  so  constitute  one 

^*'"''  testamentary  scheme  that  the  legal  alone  cannot  give  effect  to 

the  testator's  intention;  in  such  case  the  whole  will  fails. 

Will  should  §2369.  The  very  nature  of  a  will  recpiires  that  it  should  be 
freely  and  voluntarily  executed,  hence  anything  which  destroys 
this  freedom  of  volition  invalidates  a  w^ill;  such  as  fraudulent 
practices  upon  testator's  fears,  affections,  or  sympathies;  duress, 
or  an}-  undue  influence  whereby  the  will  of  another  is  substituted 
for  the  wishes  of  the  testator. 

Fraud  viti-  §2370.  A  Avill  pi'ocurcd  by  misrepresentations  or  fraud  of  any 
kind,  to  the  injury  of  the  heirs  at  law,  is  void. 

Mistake  vi-       §  2371.  A  will  exccutcd  under  a  mistake  of  facts  as  to  the  ex- 

tiatci  pro       .  1  P     1       1      .  1.1  .       • 

tanto.  istence  or  conduct  of  the  heirs  at  law  of  the  testator,  is  inopera-- 
tive,  so  far  as  such  lieir  at  law  is  concerned,  but  the  testator  shall . 
be  deemed  to  have  died  intestate  as  to  him. 

Codicil.  §  2372.  A  codicil  is  an  addition  or  supplement  to  a  will,  either- 

to  add  to,  take  from,  or  alter  the  provisions  of  the  will.     It  must 

be  executed  with  tlie  same  formality  as  a  will,  and  when  admit- - 

ted  to  probate,  forms  a  part  of  the  will. 

Who  may        §2373.  Every  free  person  is  entitled  to  make  a  will,  unless  la- 
make  a  win.,  .  ,  T.       ,   .,.  ,.      -I  1  ,.-,.■,.■,.  . 

bonng  under  some  disability  of  the  law ;  this  disability  arises 
either  from  a  want  of  capacity,  or  a  want  of  perfect  libert}'-  of 
action. 

Infants.  §2374.  lufauts  Under  fourteen  years   of  age   are   considered, 

wanting  in  that  discretion  necessary  to  make  a  will. 

Insane  per-       §  2375.  All  iusaiie  pci'sou  caiiuot  generally  make  a  will.     A 
lunatic  may  during  a  lucid  interval.     A  monomaniac  may  make- 
a  will,  if  the  will  is  in  no  way  the  result  of,  or  connected  with 


sons. 


PT.  2.— TIT.  6.— CHAP.  2.— Title,  (fee.  455- 


Article  1. — Nature  of  Wills,  Jcc. 


that  monomania.  In  all  such  cases  it  must  appear  that  the  testa- 
ment does  speak  the  wishes  of  the  testator,  unbiased  by  the  men- 
tal disease  with  which  he  is  affected. 

§  2376.  Eccentricity  of  habit  or  thought  does  not  deprive  a  Eccentricity 
person  of  the  power  of  makinc;  a  testament;  old  age,  and  the !^!"'*'""^' 
weakness  of  intellect  resulting  therefrom,  does  not,  of  itself,  con- 
stitute incapacity.  If  that  weakness  amounts  to  imbecility,  the 
testamentary  capacity,  is  gone.  In  cases  of  doubt  as  to  the  extent 
of  this  weakness,  the  reasonable  or  unreasonable  disposition  of 
his  estate  should  have  much  weight  in  the  decision  of  the  ques- 
tion. 

§  2377.  An  incapacity  to  contract  may  co-exist  with  a  capacity  Amount  of 
to  make  a  will  ;  the  amount  of  intellect  necessary  to  constitute  cSrJf ''*" 
testamentary  capacity,  is  that  which  is  necessary  to  enable  the 
party  to  have  a  decided  and  rational  desire  as  to  the  disposition 
of  his  property.  His  desire  must  be  decided  in  distinction  from 
the  wavering,  vacillating  fancies  of  a  distempered  intellect.  It 
must  be  rational  in  distinction  from  the  ravings  of  a  madman, 
the  silly  pratings  of  an  idiot,  the  childish  whims  of  imbecility, 
or  the  excited  vagaries  of  a  drunkard. 

§  2378.  Married  women  are  incapable  of  making  wills  for  want  wiiisofmar- 
of  perfect  liberty  of  action,  being  presumed  to  be  under  the  con-"'''^ ''''""'"" 
trol  of  tlieir  husbands.     A  married  woman  may  make  a  will  in 
the  following  cases — 

1.  Where  express  power  to  will  her  separate  estate  is  reserved 
or  granted  to  her  in  the  instrument  creating  the  same,  or  by 
marriage  contract. 

2.  When  having  a  separate  estate,  absolutely,  or  an  estate  in 
expectancy,  her  husband  consents  to  her  disposing  of  the  same  by 
will. 

3.  Where  her  will  is  in  execution  of  a  power  vested  in  her. 

4.  Whenever  by  i-eason  of  the  abandonment  of  her  husband, 
or  a  divorce  from  bed  and  board,  or  ft»r  other  cause,  the  law  de- 
clares her  to  have  the  right  of  a  feme  sole  as  to  her  own  earnings. 

§2371*.  Conviction  of  crime  in  no  case  deprives  a  person  of  the  Conviction 
power  of  making  a  will,  nor  does  any  imprisonment,  unless  such  ImSn-^"^ 
imprisonment  be  used  as  duress  to  compel  the  person  to  make  '""''' 
a  testament  different  from  his  own  will. 

§  2380.  A  slave  cannot  make  a  will ;  a  free  person  of  color  ^j,,  ^f  ^ee 
may  make  a  will.  negro. 


456  PT.  2.— TIT.  6.— CHAP.  2.— Title,  &c. 


Article  1.— Nature  of  WUls,  &c. 


mntes"*'  ^  2381,  A  persoii  deaf,  dumb  and  blind  may   make  a  will  in 

this  State  ;  Provided^  the  interpreter  and  scrivener  are  both  at- 
testing witnesses  thereto,  and  are  both  examined  upon  the  motion 
for  probate  of  the  same.  In  such  cases,  strict  scrutiny  into  the 
transaction  should  precede  the  admission  of  the  paper  to  record. 

Interpreter.  g  2382.  Ill  all  cascs  wlicu  an  interpreter  is  necessary  to  convej'^ 
to  the  scrivener  or  to  the  witnesses  the  wishes  of  the  testator, 
such  inter]>reter  must  be  a  person  competent  to  be  a  Avitness,  and 
must  be  sworn  on  the  motion  for  probate,  if  within  tlic  jurisdic- 
diction  of  the  court. 

Formalities       R  2383.  All  Avills  {exccpt  nuncupative  wills,)  disposiui^  of  realty 

of  execution.        ^  ....  '.'  i  r?  ^    .- 

or  personalty,  must  be  in  writing,  signed  by  the  party  making 
the  same,  or  by  some  other  person  in  his  presence,  and  by  his 
express  directions,  and  shall  be  attested   and  subscribed  in  the 
presence  of  the  testator  by  three  or  more  competent  witnesses. 
Attesuition       S  2384.   A   witucss  may  attest  by  his  mark,  provided  lie  can 

by  illiterate  '^  ,  "  . 

witnesses,     swcar  to  the  same ;  but  one  witness  cannot  subscril)e  the  name 

of  another,  even  in  his  presence  and  by  his  direction. 
Time  of  §2385.  The  question  of  competency  of  the  witness  relates  to 

competency         ?-  i  r  . 

ofwitness.  \\^q  \\\\\q  f»f  his  testifying  ;  but  a  witness  competent  at  the  time 
of  attestation,  cannot  defeat  the  will  by  rendering  himself  incom- 
petent prior  to  the  time  of  probate,  but  in  such  cases  his  testimony 
sliall  be  received,  submitting  its  credibility  to  the  jury. 

Effector  §2380.  If  a  subscribing  witness  is  also  a  legatee  or  devisee 

witness  be-  i  i  -n       i  •  •  i  i       i  i       • 

ing  legatee,  uudcr  tlic  Will,  the  witness  IS  competent,  but  the  legacy  or  devise 
is  void  ;  but  a  husband  may  be  a  witness  to  a  will  by  which  a 
legacy  creating  a  separate  estate  is  given  to  his  wife,  the  fact 
going  only  to  his  credit. 

Knowledge       S  2387.  lu  all  cascs  a  knowledge  of  the  contents  of  the  paper 

of  contents.  ^  .  .,.,,.  ii  i 

by  the  testator  is  necessary  to  its  validity ;  but  usually  where  a 
testator  can  read  and  write,  his  signature  or  the  acknowledge- 
ment of  his  signature,  is  sufficient.  If  however,  the  scrivener  or 
his  immediate  relations  are  large  beneticiaries  under  the  will, 
greater  proof  will  be  necessary  to  show  a  knowledge  of  the  con- 
tents by  the  testator. 
Charitable        i^  2388.  ISTo  person  leaving  a  wife  or  child  or  descendants  of 

Revises  "^ 

ehild,  shall,  by  will,  devise  more  than  one-third  of  his  estate  to 
any  charitable,  religious,  educational  or  civil  institution  to  the 
exclusion  of  such  wife  or  child,  and  in  all  cases  the  will  contain- 
ing such  devise  shall  be  executed  at  least  ninety  days  before  the 
death  of  the  testator,  or  such  devise  shall  be  void. 


PT.  1^— TIT.  6.-CHAP.  2.-TnLE,  &c.  457 


Article  1.— Nature  of  Wills.  &c. 


§  2389.  A  testator  may  by  will  dispense  with  the  necessity  of  Discretion 
liis  executor  making  inventory  or  returns;  Provided,  the  same '''' '''"''"'**^^' 
<loes  not  work  any  injury  to  creditors  or  third  persons,  other  than 
legatees  under  the  will. 


AKTICLE  IT. 

OF  PHOliATE  AND  ITS  EFFKCT. 

Skctiok.  Section. 

•2:^90.  Jurisdiotion  of  Ordinary.  '   2:^99.  "Will  rmiyt  be  filed. 

2391.  Probate  in  another  comily.  ,   2400.  Copy  of  wUl  when  established. 

2392.  In  common  form.  ^   2401.  Original  will  to  be  kept  of  tile. 

2393.  In  solemn  form.  '   2402.  Foreign  will. 

2394.  Limitation  of  seven  years.  I   2403.  Who  may  offer  a  will. 

2395.  Probate  in  vacation.  i   2404.  When  it  mnst  be  offered. 
239G.  Notice  to  heirs.  ;   2405.  Rennnciation  final. 

2397.  Guardian  ad  Nkm  for  minor.-.  2400.  Admission  of  executors  or  legatee. 

2398.  Examination  by  commissiou. 

§239(».  The  Court  of  Ordinary  has  exclusive  jurisdiction  over  junsdictio. 
the  probate  of  wills.  The  residence  of  testator  at  his  death  gives "' "'■''""''^• 
jurisdiction  to  the  Ordinary  of  that  county. 

§2391.  If  the  testator  shall  die  out  of  the  county  of  his  resi- Probato in 
dence,  and  the  witnesses  to  his  will  shall  reside  in  the  county  cou*;: 
where  he  died,  the  Ordinary  of  the  latter  county  may  receive 
the  probate  in  common  form  of  such  will,  and  transmit  it,  certi- 
lied  under  his  seal  of  office,  together  with  tlie  original  will,  to 
the  Ordinary  of  the  county  of  the  residence :  and  such  certified 
probate  shall  authorize  the  latter  court  to  grant  probate  and  ad- 
mit to  record  in  common  form,  and  to  grant  letters  testamentary 
or  of  administration  therein  ;  Pnnu'da/,  (divm/s,  that  no  caveat 
is  filed  to  such  j^robate  and  record. 

^  §  2392.  Probate  of  a  will  may  be  either  in  common  or  solemn  inc»mm<« 
form.  In  the  former  case,  upon  the  testimony  of  a  single  sub-^"™' 
scribing  witness,  and  without  notice  to  any  one,  the  will  may  be 
proven  and  admitted  to  record.  But  such"  probate  and  record  is 
not  conclusive  upon  any  one  interested  in  the  estate  adversely  to 
the  will ;  and  if  afterwards  set  aside,  does  not  protect  the  execu- 
tor in  any  of  his  acts  further  than  the  payment  of  the  debts  of 
the  estate.  Purchasers  under  sales  from  him  legally  made,  will 
be  protected  if  ho7ia  fide  and  without  notice. 

§  2393.  Probate  by  the  witnesses,  or  in  solemn  form,  is  where  ^"  "''•^"'« 
after  due  notice  to  all  the  heirs  at  law.  the  will  is  proven  by  all  '^^'""' 


458 


PT.  2.— TIT.  6.— CHAP.  2.— Title,  &c. 


Article  2.— Of  Probate  and  its  Effects. 


Limitation 
of  seven 
years. 


the  witnesses  in  existence,  and  within  the  jurisdiction  of  the- 
court,  or  by  proof  of  tlieir  signatures,  and  that  of  the  testator,, 
the  witnesses  being  dead,  and  ordered  to  record,  such  probate  is 
conehisive  upon  all  the  parties  notified,  and  all  the  legatees 
under  the  will  who  are  represented  in  the  executor. 

§  23H4-.  Probate  in  common  form,  becomes  conclusive  upon 
all  })arties  in  interest  after  the  expiration  of  seven  years  from  tlie 
time  of  such  probate,  except  minor  heirs  at  law,  who  require 
proof  in  solemn  form,  and  interpose  a  caveat  at  any  time  within 
four  years  after  arrival  at  age.  In  such  cases,  if  the  will  is  refused 
probate  and  record  in  solemn  form,  an  intestacy  shall  be  declared 
only  as  to  such  minor,  and  noc  as  to  others  whose  right  to  caveat 
is  barred  by  lapse  of  time. 

§2895.  Probate  in  common  form,  may  l)e  taken  by  the  Ordi- 
nary at  any  time  during  vacaHon,  but  the  order  admitting  the 
will  to  record,  and  granting  letters  testamentary,  shall  be  granted 
only  at  a  regular  term, 

§289<).  Notice  of  a  motion  ftr  ])rol»ate  in  solemn  form  must  be 
personal,  if  the  party  resides  in  the  State,  and  at  least  ten  days 
before  the  term  of  the  court  when  the  probate  is  to  be  made;  if' 
the  residence  be  -without  the  State  or  unknown,  then  the  court 
shall  pass  such  order,  as  to  publication,  as  will  tend  most  etfect- 
nally  to  give  notice.  The  records  of  the  court  shall  show  the- 
persons  notified,  and  the  character  of  the  notice  given. 

§2397.  If  any  of  the  pensons  interested  as  heirs  be  minors,  or- 


Probate  in 
vacation. 


Notice  to 
heirs. 


Guardians 

minors."'  "'of  uusouud  mind,  guardians  ad  litem  shall  be  appointed  by  the- 


Examina- 
tion by  com 
mission. 


Will  mnst 
b«  filed. 


court,  or  the  probate  shall  not  be  conclusive  as  to  them. 

§2398.  "Witnesses  to  wills  may  be  examined  by  commission, 
in  the  same  cases,  and  under  the  same  circumstances,  as  other 
witnesses  in  other  eases,  and  the  Ordinary  shall  have  power  to 
issue  commissions  to  take  testimony,  and  to  compel  the  attend- 
ance of  witnesses  in  like  manner  with  the  Superior  Court. 

§  2399.  Every  person  having  possession  of  a  will  must  tile  the 
same  with  the  Ordinary  of  the  county  having  jurisdiction,  and, 
on  failure  to  do  so.  the  Ordinary  may  issue  process  as  for  con- 
tempt, and  fine  and  imprison  the  person  thus  withholding  the 
paper,  until  the  same  shall  be  delivered. 

Copy  of  a         §2400.  If  a  will  be  lost  or  destroyed  subsequent  to  the  death,. 

established,  or  witliout  the  couscut  of  the  testator,  a  copy  of  the  same,  clearly 
proved  to  be  such  by  the  subscribing  witnesses  and  other  evi- 
dence, may  be  admitted  to  probate  and  record  iu  lieu,  of  the 


FT.  2.— TIT.  6.— CHAP.  2.— Title,  &c.  459 

Article  2. — Of  Probate  and  its  Effects. 

original ;  but  in  every  siieli  case,  the  presumption  is  of  revoca- 
tion by  tlie  testator,  and  tliat  presumption  must  be  rebutted  by 
proof. 

S  2401.  The  original  will,  when  proved  and  recorded,  shall  re-  original" 

<^  ^  ,  will  &c. 

main  of  Hie  in  the  office  of  the  Ordinary,  and  certified  copies 
thereof  sliall  be  evidence  in  any  cause  and  in  any  court  in  this 
State. 

§  2402.  If  a  party  claims  title  to  personalty  in  this  State,  under  Foreign  win 
a  will  of  a  non-resident,  executed  and  admitted  to  probate  in  an- 
other State,  a  copy  of  said  will,  and  the  probate  thereof,  and  the 
order  admitting  the  same  to  record,  according  to  the  laws  of  such 
other  State,  when  properly  certified  under  the  laws  of  the  Con- 
federate States,  shall  be  admitted  in  evidence  in  place  of  the 
original. 

§  2403.  The  right  to  offer  a  will  for  probate  belongs  to  the  ex-  who  may 
ecutor,  if  one  be  named.     If  the  executor  be  dead,  or  non-resi- 
dent, or  refuses  to  act,  or  none  be  named,  any  person  interested 
may  offier  the  will  for  probate. 

§  2404.  The  executor  must  offer  the  will  for  probate  as  soon  as  when  it 

11         i'  111  1  Tp  1  •!  niust  be 

practicable  alter  the  death,  and  must  quality,  unless  restrained  offered, 
by  the  will,  within  twelve  months  after  the  same  is  admitted  to 
record.  If  he  fails  to  offer  it  for  probate  for  an  unreasonable 
time,  or  is  not  qualified  within  the  time  specified,  he  shall  be 
deemed  to  have  renounced  his  right  as  executor.  If,  however, 
there  are  several  executors,  and  one  (pialifies  in  the  time  speci- 
fied, and  afterwards  dies,  or  is  removed,  another  may  then  qualify 
within  twelve  months  from  the  decease  of  his  co-executor,  and  be 
entitled  to  all  the  rights  of  an  originall}^  qualified  executor. 

§  2405.  An  executor  who  has,  either  formally  or  by  operation  Kenuncia- 
of  law,  voluntarily  renounced  his  trust,  cannot  afterwards  relieve  ' 
himself  from  the  effect  of  such  renunciation. 

§  2406.  On  the  investigation  of  an  issue  of  derisamt  vel  nou,  Admission 
the  admission  of  an  executor,  before  qualification,  or  of  a  legatee,  &c. 
(unless  the  sole  legatee,)  sliall  not  be  admissible  in  evidence  to 
Impeach  the  will,  except  the  admission  be  in  reference  to  the 
conduct  or  acts  of  the  executor  or  legatee  himself,   as  to  some 
matter  relevant  to  the  issue. 


««?  m. 


460  PT.  2.— TIT.  6.— CHAP.  2.— Title,  &c. 


Article  3. — Of  the  Executor. 


ARTICLE  III. 

OF  THE  EXECUTOR. 

Section.  iSECiiOK. 

2407.  Power  before  probate.  i   2413.  iJc  son  tort. 

2408.  A])poiiitment — how  made.  !   2414.  Interest  of  e.xecutor. 

2409.  Adniiniptrator  with  will  annexed.       2415.  Bond  of  executor. 

2410.  Y.xQCMiov  de  son  tort  '   2416.  Powers,  duties  and  liabilities. 

2411.  Oath  of  executor.  2417.  When  more  than  one' executor. 

2412.  Marriiige  of  female  executrix.  2418.  Foreign  executor. 

Tower  b«-         §2407.  So  soon  as  the  probate  of  the  will  is  made  in  common 

ifore  pro-  '-        ^  i 

bat*.  form,  in  vacation,  and  before  it  is  admitted  to  record,  and  before 

qualification,  the  executor  named  therein  maj  exercise  all  the 
powers  of  a  temporary  administrator  as  to  tlie  collecting  and  pre- 
serving the  estate ;  but  if  a  caveat  is  filed  to  the  record  of  the 
will,  pending  the  investigation  of  such  ca/ceat^  even  though  the 
executor  may  have  been  qualified  on  proof  in  common  form,  the 
Ordinary,  in  his  discretion,  may  require  of  him  a  bond  as  tempo- 
rary administrator  on  such  estate. 

Appoint-  §  2408.  No  formal  words  are  necessarv  to  the  appointment  of 

iinent — how  "  •/»/»i''ii  j 

made.  an  executor.  Any  expression  of  confidence  by  the  testator,  and 
a  desire  that  such  an  one  shall  carry  into  effect  his  wishes,  will 
amount  to  an  appointment  as  executor.  Citizens  of  this  State 
only  are  eligible  to  be  executors.  An  infant  may  be  appointed, 
but  cannot  qualify  until  of  age,  unless  expressly  direc^ted  by  the 
testator. 

Administrfl-  §  2409.  If  no  exccutor  is  appointed,  or  can  or  will  serve,  ad- 
ministration, with  the  will  annexed,  shall  be  granted  by  the  Or- 
dinary, under  the  same  rules  as  shall  be  prescribed  for  the  grant- 
ing of  administration  generally;  and  such  administrator,  when 
so  appointed,  shall  have  all  the  powers  of  the  executor,  except 
such  as  manifestly  arise  from  personal  trust  and  confidence  placed 
in  the  executor  named. 

Executor  §  2410.  If  auv  pcrsou,  without  authoritv  of  law,  wrongfully  in- 

termeddles  with,  or  converts  to  his  own  use  the  personalty  of  a 
deceased  individual,  whose  estate  has  no  legal  representative,  he 
shall  be  held  and  deemed  an  executor  in  his  own  wrong,  and  as 
such  shall  be  liable  to  the  creditors  and  heirs,  or  legatees  of  such 
estate,  for  double  the  value  of  the  property  so  possessed  or  con- 
verted by  him ;  nor  shall  such  executor  be  allowed  to  set  oflf  any 
debt  due  to  him  by  the  deceased,  or  voluntarily  paid  by  him  out 


FT.  2.— TIT.  6.— CHAP.  2.— Title,  &c.  461 


Article  3. — Of  the  Executor. 


of  the  assets.  If  such  executor  dies,  liis  legal  rcpreseutativei* 
shall  be  liable  iu  the  same  manner,  and  to  the  same  extent,  as  if 
he  was  still  living. 

§2411.  Ever}"^  executor  and  administrator,   with  the  ^s•ill  an-o^tiiof 
nexed,  upon  <|ualiiication,  shall  take  and  subscribe  the  following'^""'"" 
oath : 

"  I  do  solemnly  swear  that  this  writing  contains  the  true  last 
will  of  the  within  named  A.  B.,  deceased,  so  far  as  I  know  or  be- 
lieve, and  that  I  will  Avell  and  truly  execute  the  same  in  accord- 
ance with  the  laws  of  tliis  State.     So  help  me  God." 

§2412.  The  marriage  of  a  female  executrix  abates  her  letters.  Maniagro of 
The  Ordinary,  in  his  discretion,  may  grant  letters  of  administra-  J^mx'^^' 
tion,  to  lier  husband,  with  the  will  annexed.     Until  the  appoint- 
ment of  a  representative  of  the  estate,  the  husband  may  act  in 
right  of  liis  wife,  and  shall  he  responsible  as  if  he  was  executor, 

§  2413.  The  marriage  of  an  executrix,  in  her  own  wrong,  does  im  ma.  tort. 
not  affect  her  liability,  l.)iit  the  liusband  shall   be  jointly  liable 
with  her. 

§2414.  The  executor  shall  take  no  benelicial  interest,  under  interest  of 
any  will,  (except  his  commission)  unless  the  same  be  expressly ''^^"^*^'' 
given  to  him  by  will ;  but,  in  every  case,  the  executor  or  admin- 
istrator, with  the  will  annexed,  shall  be  entitled  to  possess  and 
administer  the  entire  estate,  although  any  part  thereof  be  i^nde- ,p^„^tgg  „r 
idsed,  holding  the  residuum,  after  payments  of  debts  and  lega-  '"^s'''"""!- 
cies,  for  distribution  according  to  the  laws  of  this  State. 

§2415.  An  executor  is  not  required  to  give  bond  on  qualifica-]$oiuiofo.x- 
tion,  but  the  Ordinary,  on  his  own  motion,  or  u])on  the  represen-  ''*"'*"^' 
tation  of  any  person  in  interest  that  an  executor  is  mismanaging 
the  estate,  or  is  about  to  remove  it  without  the  State,  may  require 
such  executor  to  show  cause  why  he  should  not  give  bond  and 
security  for  the  taithful  execution  of  his  trust,  and  on  failure  to 
give  l)ond,  when  and  as  required,  the  Ordinary  may  revoke  his 
letters,  and  appoint  another  representative  for  the  estate.  The 
executor  wlio  has  given  bond  shall  stand  on  the  same  footing,  and 
be  liable  to  all  the  rules  and  regulations  hereinafter  prescribed  in 
reference  to  the  bonds  and  sureties  of  administrators. 

§241G.  All  the  provisions  of  this  Code,  with  reference  to  ad- Powers,  <iu- 


ministrators  of  estates,  prescril)ing  the  commissions  allowed  toHUtie"' 
them,  their  duties,  powers,  and  liabilities,  the  mode  of  atfecting 
sales,  of  making  and  receiving  titles  to  property  sold  or  purchased 
by  their  intestates,  of  investing  the  funds,  of  obtaining  letters  of 


462 


PT.  2.— TIT.  6.— CHAP.  2.— Title,  &c. 


Article  3. — Of  the  Executor. 


When  more 
than  one  ex- 
ecutor. 


Foreign  ex- 
ecutor. 


dismission,  of  removing  proceedings  to  the  county  of  their  resi- 
dence, of  compelling  settlements  before  the  Ordinary,  and  in  all 
other  matters  in  their  nature  applicable  to  executors,  shall  be 
held  and  taken  to  apply  to,  and  include,  executors,  to  the  same 
■^extent  as  if  they  were  named  therein. 

§  2417.  If  several  executors  are  named  in  the  will,  one  or  more 
qualifying  sliall  be  entitled  to  execute  all  the  trusts  coniided  to 
all,  unless  specially  prohibited  by  tlie  will;  if  more  than  one 
qualifies,  each  is  authorized  to  discharge  the  usual  functions  of 
an  executor,  but  all  must  join  in  executing  special  trusts.  Each 
executor  is  responsible  for  his  own  acts  only,  unless,  by  his  own 
act  or  gross  negligence,  he  has  enabled  or  permitted  his  co-execu- 
tor to  waste  the  estate. 

§  2418.  Executors  qualified  according  to  the  law  of  their  domi- 
cil,  upon  wills  properly  admitted  to  probate  in  another  State, 
upon  filing  with  the  court  a  certified  copy  of  such  proceedings, 
shall  be  entitled  to  use  all  the  processes  and  remedies  prescribed 
by  the  laws  of  this  State,  in  the  same  manner  as  if  qualified  un- 
der the  laws  of  this  State ;  if  not  filed  before  suit  brought,  the 
court  may  allow  such  certified  copy  to  be  filed  afterwards,  on 
such  terms  as  it  may  prescril)e. 


ARTICLE  lY. 

OF 

DEVISES  AND  LEGACIES. 

Section'. 

Section-. 

2419. 

Assets  to  pay  debts. 

2429.  After  acquired  property 

2420. 

p:ffect  of.  &c. 

2430.  Lap.sed  legacy. 

2421. 

Assent  of  one. 

2431.  Ademption  of  legacy. 

2422. 

Meaning  of  words. 

2432.  Substitution. 

2423. 

Gifts  of  income. 

2433.  Election. 

2424. 

Intention  of  testator. 

2434.  Conditions. 

2425. 

Parol  evidence  on  ambiguities. 

2435.  Payment  of  debts. 

2426. 

General  and  specific  legacies. 

2436.  Bequest  of  charity. 

2427. 

Income  goes  with  corpus. 

2437.  Executor}'  devise. 

2428. 

Interest  on  legacies. 

As-ets  to         §  21:19.  All  property,  both  real  and  personal,  in  this  State,  be- 
pay  debts,    jj-^g  asscts  to  pay  debts,  no  devise  or  legacy  passes  the  title  until 
the  assent  of  the  executor  is  given  to  such  devise  or  legacy. 

§  2420.  The  assent  of  the  executor  may  be  presumed  from  his 
conduct,  as  well  as  his  expressed  consent ;  the  executor,  however, 
cannot,  by  assenting  to  legacies,  interfere  with  the  rights  of  credi- 


Effect  of.  <kc. 


PT.  2.— TIT.  6.— CHAP.  2.— Title,  &c.  463 


Article  4. — Of  Devises  and  Learacies. 


tors,  nor  can  he,  by  capriciously  witliholdihg  his  assent,  destroy 
the  legacy.     In  equity,  the  legatee  may  compel  him  to  assent. 

§2421.  If  there  are  several  qualified  executors,  the  assent  of  Assent  of 
one  vests  the  title  in  the  legatee,  unless  the  otlier  has  actual  pos- ""'' 
session  of  the  property. 

§2422.  No  particular  words  are  necessary  to  a  devise  or  be- Meaning  of 
quest.     "Lend"  will  be  construed  to  mean  "give,"  unless  the'' *"^'*' 
context  requires  its  restricted  meaning. 

§  2423.  An  unconditional  gift  of  tlie  entire  income  of  property.  Gifts  of  in- 
or  interest  accruing  from  a  fund,  will  be  construed  into  a  gift  of ''""'^ 
the  property  or  fund,  unless  the  provisions  of  tlie  will   retpiire  a 
•more  limited  meaning. 

§2424.  In  tlie  construction  of  all  legacies,  the  court  will  seeki„tentionof 
diligently  for  the  intention  of  the  testator,  and  give  effect  to  the  *^^"'*'"'' 
same,  as  far  as  it  may  be  consistent  with  the  rules  of  law,  and  to 
this  end  the  court  may  transpose  sentences  or  clauses,  and  change 
•connecting  conjunctions,  or  even  supply  omitted  words  in  cases 
where  the  clause,  as  it  stands,  is  unintelligible  or  inoperative,  and 
Ihe  proof  of  intention  is  clear  and  unquestionable;  but  if  the 
clause,  as  it  stands,  may  have  effect,  it  sliall  be  so  construed,  how- 
-ever  well  satisfied  the  court  may  be  of  a  different  testamentary 
intention. 

§2425.  "When  called  upon  to  construe  a  will,  the  court  may  Pamiovi- 
liear  parol  evidence  of  the  circumstances  surrounding  the  testa- ami^t^dties. 
tor  at  the  time  of  its  execution,  so  the  court  jnay  hear  parol  evi- 
dence to  explain  all  ambiguities,  both  latent  and  patent. 

§  2426.  Legacies  may  be  either  general  or  specified.     A  spe-  Geiurai  anu 
cific  legacy  is  one  which  operates  upon  property  particularly  gades.*^  ^'^" 
designated.     A  gift  of  money  to  be  paid  from  a  specified  fund  is 
nevertheless  a  general  legacy. 

§2427.  The  income,  profits  or  increase  of  specific  legacies,  as  a  in.ome  goes 
.general  rule,  go  with  the  legacy,  though  the  time  of  enjoyment '"^*"'°'^''"'*' 
•or  of  vesting  may  be  postponed. 

§  2428.  A  general  legacy  usually  bears  interest  from  the  expi- interest  on 
ration  of  twelve  months  from  the  death  of  the  testator.  But ^'"''''''^*' 
^vhen  the  condition  of  the  estate  at  that  time,  as  to  the  payment 
of  debts  and  legacies,  is  doul^tful,  or  the  fund  out  of  which  the 
legacy  is  to  be  paid  is  unavailable  for  all  the  charges  nuide  upon 
it,  or  any  other  equitable  circumstance  intervenes,  the  general 
«.  rule  yields  to  the  equity  and  necessity  of  the  particular  case.     A 


i64 

FT.  2.— TIT.  6.— CHAP.  2.— Title,  *fec. 

Article  4. — Of  Devises  and  Legacies. 

t-d  jiroperty. 


«i«B. 


«f legacy. 


Substitution 


general  legacy  to  be  paid  at  a  future  time  or  event  bears  no  in- 
terest until  such  time  or  event. 

.uu^racquir-  §  2429.  All  propcrtv  acquired  subsequent  to  the  making  of  the 
will,  shall  pass  under  it,  if  its  provisions  l)e  sufficiently  l)road  to- 
embrace  such  property. 

Lapsed  letra-  §2480.  If  a  legatee  dies  before  the  testator,  or  is  dead  when 
the  will  is  executed,  but  shall  have  issue  living  at  the  death  of 
testator,  such  legacy  if  absolute  and  without  renuiinder  or  limi- 
tation, shall  not  lapse,  but  shall  vest  in  the  issue  in  the  same  pro- 
portions as  if  inherited  directly  from  their  deceased  ancestor. 

Ademption  §2431.  A  legacy  is  adeemed  or  destroyed,  wholly  or  in  part, 
wlienever  the  testator,  after  making  his  will  during  his  life,  de- 
livers over  the  property  or  pays  the  money  bequeathed  to  the 
legatee,  either  expressly  or  by  implication,  in  lieu  of  the  legacy 
given,  or  when  the  testator  conveys  to  another  the  specific  pro- 
perty bequeathed,  and  does  not  afterwards  become  possessed  of 
the  same,  or  otherwise  places  it  out  of  the  power  of  the  executor 
to  deliver  over  the  legacy.  If  the  testator  attempts  to  convey 
and  fails  for  any  cause,  the  legacy  is  still  valid. 

§  2432.  If  the  testator  exchanges  the  ]n-operty  bequeathed  for 
other  of  the  like  character,  or  merely  changes  the  investment  of^ 
a  fund  bequeathed,  the  law  deems  the  intention  to  be,  to  substi- 
tute the  one  for  the  other  and  the  legacy  shall  not  fail. 

Kievtion.  §2433.  A  legatee  taking  under  a  will  must  allow,  as  far  as  he 

can,  all  the  provisions  of  the  will  to  Ije  executed.  Hence,  if  he 
has  an  adverse  claim  to  the  will,  he  will  l)e  required  to  elect, 
Avhether  he  will  claim  under  the  Avill  or  against  it.  The  mere 
fact  of  being  a  creditor  does  not  constitute  a  case  of  election. 

§  2434.  A  condition  in  terrorem  is  void,  unless  there  is  a  limi- 
tation over  to  some  other  person,  in  which  event  the  latter  takes. 
Conditions  which  are  impossible,  illegal  or  against  public  policy, 
are  void. 

Payment  of  §  2435.  Uuless  otlicrwise  directed,  the  debts  of  a  testator  should 
be  paid  out  of  the  residuum.  If  it  prove  to  be  insufhcient,  then 
general  legacies  must  abate  })ro  rata,  to  make  up  the  deficiency. 
If  they  are  insufficient,  then  specific  legacies  should  abate  in  the 
same  manner.  If  the  executor  has  assented  to  the  legacies,  and 
the  legatees  are  in  possession  after  exhausting  the  assets  in  the 
hands  of  the  executor,  the  creditor  may  proceed  against  each 
legatee  for  h\&pro  rata  share.  For  the  papnent  of  debts,  realty 
and  personalty  shall  be  alike  liable. 


Conditions. 


debt*. 


PT.  2.— TIT.  6.— CHAP.  2.— Title,  ^c. 


Article  4. — Of  Devises  and  Legacies. 


S  243t'».  A  devise  or  bequest  to  a  charitable  use  will  be  sustain-  Boqnest  to 

1   •         11  11-         charity. 

ed  and  carried  out  in  this  State,  and  m  all  cases  where  there  is  a 
general  intention  manifested  by  the  testator  to  effect  a  certain 
purpose,  and  the  particular  mode  in  which  he  directs  it  to  be 
done  fails  from  any  cause,  a  Court  of  Chancery  may,  by  approx- 
imation, effectuate  the  purpose  in  a  manner  most  similar  to  that 
indicated  by  the  testator. 

§2-i37.  An   executory  devise  is  such  a  future  disposition  ofEsecnton- 
property  as  would  fail  as  a  remainder  l>y  reason  of  some  technical  '''^^'^^' 
defect,  but  which  if  not  violative  of  the  policy  of  the  law,  will 
be  sustained  when  tound  in  a  will. 


AKTICLE  V. 

OF   RKYOCATTON. 

Shction.  1  Section. 

2438.  Revocailon.  i   2443.  Implied  revocatiou. 

2439.  P]xpress  or  rcsuliing.  i   2444.  Inconsistent  provisions. 

2440.  How  executed.  |  2445.  Revocation  by  marriage,  ic. 

2441.  Cancellation.  ;   244G.  Re-publication — how  effected. 

2442.  Intention  to  revoke.  , 

§  2438.  A  will  having  no  effect  until  the  death  of  the  testator,  Revocation. 
is  necessarily  revocable  by  him  at  any  time  before  his  death,  and 
even  in  case  of  mutual  wills  with  a  covenant  against  revocation, 
the  power  of  revocation  remains. 

§  2439.  A  revocation  may  be  either  express  or  resulting.  An  Express  or 
express  revocation  is  where  the  maker  by  writing  or  acts  annuls  '■'^*"'''°^- 
the  instrument.  An  implied  revocation  results  from  the  execu- 
tion of  a  subsequent  inconsistent  will.  The  former  takes  effect 
instantly,  or  independent  of  the  validity  or  ultimate  fate  of  the 
will,  or  other  instrument  containing  it.  The  latter  takes  effect 
only  when  the  subsequent  inconsistent  will  becomes  effectual, 
and  hence,  if  from  any  cause  it  fails,  the  revocation  is  not  com- 
pleted, 

§  2440.  An  express  revocation,  by  written  instrument,  must  be  uow 
executed  with  the  same  formality,  and  attested  by  the  same  num-  ^''**'" 
ber  of  witnesses,  as  are  requisite  for  the  execution  of  a  will.     The 
destruction  of  a  will,  expressly  revoking  all  former  wills,  does 
not  revive  a  former  will,  unless  subsequently  re-published.     In  Re-pubiica- 
such  cases,  the  re-publication  may  be  proved  by  parol. 
30 


466  PT.  2.— TIT.  6.— CHAP.  2.— Title,  c^^c. 


Article  5. — Of  Revocation. 


cancciia-  §  24:-l:l.  All  Gxpress  revocation  may  be  effected  by  any  destrnc- 
tion  or  obliteration  of  the  original  will,  or  a  duplicate  done  by 
the  testator,  or  by  his  directions,  with  an  intention  to  revoke ; 
such  intention,  will  be  presumed  from  the  obliteration  or  cancel- 
ling of  a  material  portion  of  the  will ;  but  if  the  part  cancelled 
be  immaterial,  such  as  the  seal,  no  such  presumption  arises. 

Intention  to  §  2442.  lu  all  cascs  of  rievocation,  the  intention  to  revoke  is 
necessary  to  make  it  effectual.  An  express  clause  of  revocation 
will  not  operate  upon  a  testamentary  ]>aper,  where  it  is -manifest 
that  such  was  not  the  intention. 

Implied  §  244.').  An  implied  revocation  extends  only  so  far  as  the  in- 

rcvocation.  ^^^j-^gj^g^gj^y^,  cxists.  Any  portion  of  the  first  will,  which  can  stand 
consistently  with  the  testamentary  scheme,  and  bequests  made  in 
the  last,  shall  remain  unrevoked. 

Inconsistent  §2444.  AVlicii  there  are  inconsistent  provisions  in  the  same 
will,  the  latter  must  prevail. 


provisions. 


iievocatioii       g  2445.  lu  all  cases,  the  marriage  of  the  testator,  or  the  birtli 

ria^r&c.     of  a  child  to  him,  subsequent  to  the  making  of  a  will  in  which 

no  ])rovision  is  made  in  contemplation  of  sucli  an  event,  sliall  be 

a  revocation  of  the  will. 

Ke-inibii.;i        §  244().  A  codicil,  ]>roperly  executed,  and  aimexed  to  a  revoked 

eXcT-.r'     will,  shall  amount  to  a  re-publication  of  the  same.     Any  writing 

executed  Avith  all  the  formalities  retpiired  for  a  M'ill,  may  operate 

as  a  re-publication.     A  re-publication  of  the  same  paper,  in  the 

presence  of  three  witnesses,  who  shall  subscribe  as  additional  at- 

testino-  M'itnesses,  shall  be  good.     A  parol  re-})ublication,  in  the 

in-esence  of  the  original  witnesses  to  the  will,  shall  be  good. 


ARTICLE  YI. 

OF  XUXCUPATIYE  WILLS. 

Section-.  Sectiox. 

2447.  XuucupativxMvills — wlien  urantcd.     2449.  Notice  to  heirs. 

2448.  When  proved.  2450.  All  property  passes. 

Nuncupa-  §  2447.  No  uuiicupative  will  shall  Ije  good  that  is  not  proved 
when""*"  by  the  oaths  of  at  least  three  competent  witnesses  that  were  pre- 
sent at  the  making  thereof,  nor  unless  it  be  proved  that  the  tes- 
tator, at  the  time  of  pronouncing  the  same,  did  bid  the  persons 
present,  or  some  of  them,  bear  witness  that  such  was  his  will,  or 
to  that  effect,  nor  unless  such  nuncupative  M-ill  was  made  in  the 


granted- 


PT.  2.— TIT.  G.— CHAP.  2.— Title,  &c.  467 


Article  6. — Of  Xuncnpative  Wills. 


time  of  the  last  sickness  of  the  deceased,  and  in  the  house  of  his 
habitation  or  dwelling,  or  Avhere  he  hath  been  resident  for  the 
space  of  ten  days,  or  more,  next  before  the  making  of  such  will, 
except  where  such  person  Avas  surprised  or  taken  sick,  being  from 
liis  own  liome,  and  died  l)efore  he  returned  to  tlie  place  of  his 
<lwelling. 

§24:48.^  Api^lication  for  probate  of  a  nuncupative  Avill,  must  be  when 
made  before  the  court  within  six  months  after  the  death  of  the  ^"'^'"^' 
testator,  and  the  substance  of  the  testamentary  dispositions  must 
be  reduced  to  writing  Avitliin  thirty  days  after  the  speaking  of 
the  same. 

§  2449.  I^pon  all  a]i]ilications  for  probate  of  nuncupative  wills,  Notic- 1., 
the  same  notice  must  be  given  to  the  heirs  at  law,  as  required  on  *"''"• 
probates  in  solemn  form  of  other  wills. 

_  §2450.  All  property,  real  and  personal,  may  ])ass  by  nuncupa- ah  property 
tive  M'ills  properly  made  and  proved.  may  pass,  &c 


CHAPTER  III. 

OF  TITLE  BY  DESCi'INT  AXU  ADMIXISTRATION. 

Article  1.  Of  inheritable  property  and  the  rebitive  rights.  c-Jic. 
Article  2.  Of  administration. 


ARTICLE  I. 

OF  TXTrKRlTABLK  PROPERTY    AXD    THE    RELATIYK    RKIHTS    OF    THl<: 
HEIRS  AXD  ADMINISTRATOR. 

Section-.  [Sectiox. 

2451.  Descent  to  lieir.  2454.  Right  of  administrator.  &c. 

24o2.  Rules  of  inheritance.  2455.  May  recover  of  heirs. 

245;'.  Property  to /raie  coce/V.  | 

§  2451.  Upon  the  death  of  the  owner  of  any  estate  in  realty  or  ])e...t  to 
negroes,  which  estate  survives  him,  the  title  vests  immediately'"" 
m  his  heirs  at  law.     The  title  to  all  other  property  owned  by 
him  vests  in  the  administrator  of  his  estate  for  the  benefit  of  tlie 
heirs  and  creditors. 

p452.  The  following  rules  shall  determine  who  are  the  heirs  Rules  or 
at  law  ot  a  deceased  person :  mberuance. 

1.  The  husband  is  sole  heir  of  his  intestate  wife. 


468  PT.  2.— TIT.  6.— CHAP.  3.— Title,  &c. 

Article  1. — Of  Inlieritable  Property,  &c. 

2.  If  the  intestate  dies  without  children,  or  the  descendants  of 
cliildren,  leaving  a  wife,  the  wife  is  his  sole  heir. 

3.  If  there  are  children,  or  those  representing  deceased  chil- 
dren, the  M'ife  shall  have  a  child's  part,  unless  the  shares  exceed 
live  in  numher,  in  which  case  the  wife  shall  have  one-tifth  part 
of  the  estate.  If  the  wife  elects  to  take  her  dower,  she  has  no 
farther  interest  in  the  realty. 

4.  Children  stand  in  the  first  degree  from  the  intestate,  and  in- 
herit equally  all  property  of  every  description,  accounting  for  ad- 
vancements as  hereinafter  explained.  Posthumous  children  stand 
upon  the  same  footing  with  children  in  being  upon  all  questions 
of  inheritance.  The  lineal  descendants  of  children  stand  in  the 
place  of  their  deceased  parents  ^  and  in  all  cases  of  inheritance 
from  a  lineal  ancestor,  the  distribution  is^v/'  stirpe  and  not  ^x-/' 
capita. 

5.  Brothers  and  sisters  of  the  intestate  stand  in  the  second  de- 
gree, and  inherit,  if  there  is  no  widow,  or  child,  or  rejiresenta- 
tive  of  child.  The  half-blood  on  the  paternal  side  inherit  equally 
with  the  whole  blood.  If  there  is  no  brother  or  sister  of  the 
whole  or  half-blood  on  the  paternal  side,  then  those  of  the  half- 
blood  on  the  maternal  side  shall  inherit.  The  children  or  grand- 
children of  brothers  and  sisters,  deceased,  shall  represent  and 
stand  in  the  place  of  their  deceased  parents,  but  there  sliall  l>e  no 
representation  farther  than  this  among  collaterals. 

G.  The  father,  if  living,  inherits  e<jually  with  brothers  and  sis- 
ters, and  stands  in  the  same  degree.  If  there  be  no  father,  and 
the  mother  is  alive,  and  a  widow,  she  shall  iidierit  in  the  same 
manner  as  the  father  would.  If  the  mother  is  not  a  widow,  she 
shall  not  l)e  entitled  to  any  portion  of  such  estate,  unless  it  shall 
be  that  of  the  onl}"  or  last  surviving  child  of  the  mother,  in  which 
event  she  shall  take  as  if  unmarried. 

7.  In  all  degrees  more  remote  than  the  foregoing,  the  paternal 
and  maternal  next  of  kin  shall  stand  on  an  eoual  footing. 

8.  First  cousins  stand  next  in  degree ;  uncles  and  aunts  inherit 
equally  with  cousins. 

9.  The  more  remote  degrees  shall  be  determined  by  the  rules 
of  the  canon  law,  as  adopted  and  enforced  in  the  English  Courts^ 
prior  to  the  fourth  day  of  July,  A.  D.  1776."=^' 

*For  rules  of  inlieritance  among  illegitimates,  f?ee  Title  11.  Chapter  11,  Article  2. 


PT.  2.— TIT.  C— CHAP.  ;3.— Title.  &c.  469 

Article  1. — Of  Inheritable  Property,  kc. 

§2453.  AVhenever  any  fe?)ie  covert,  havino;  a  child,  or  children.  Property  de- 

,  ^  .  .  1  •   11  .       scendingto 

by  a  K>riner  marriage,  i>.  or  becomes,  entitled  to  property,  by  in-A'"«  c(yB<»~t. 
heritance,  at  any  time,  or  devise,  antecedent  in  date  to  her  last 
marriage,  and  not  in  trust,  the  possession  of  which  is  not  obtain- 
•ed  prior  to  such  marriage,  such  pru})erty  shall  not  belong  to  the 
husband  of  such  ^fems  covert,  but  shall  be  equally  divided  be- 
tween all  the  children  of  such  ^eme  covert,  living  at  the  time 
when  possession  is  obtained,  and  &i\c\iye)ne  covert.  The  portions 
of  such  feme  covert,  and  her  children  by  her  last  husband,  shall 
alone  be  subject  to  be  reduced  to  possession  by,  and  the  title  vest 
in,  such  husband. 

§  2454.  Upon  the  appointment  of  an  administrator,  the  right  itight  of  ad-' 
to  the  possession  of  tlie  whole  estate  is  in  him,  and  so  long  as  to  possess 
such  administrator  continues,  the  right  to  recover  possession  of 
the  estate  from  tliird  ]»ersons  is  solely  in  him.  If  there  be  no  ad- 
ministration, or  if  the  administrator  appointed  consents  thereto, 
the  lieirs  at  law  may  take  possession  of  the  lands  and  slaves,  or 
may  sue  therefor  in  their  own  right. 

§  2455.  The  administrator  may  recover  possession  of  any  part  May  recorer 
•of  the  estate  from  the  heirs  at  law,  or  purchasers  from  them ;  but  "^  *'*^'™ 
in  order  to  recover  lands  or  slaves,  it  is  necessary  for  him  to  show, 
upon  the  trial,  either  that  the  property  sued  for  has  been  in  his 
possession,  and,  without  his  consent,  is  now  held  by  the  defen- 
dant, or  that  it  is  necessary  for  him  to  have  possession  for  the 
purpose  of  paying  the  debts,  or  making  a  proper  distribution. 
An  order  for  sale  or  distribution,  granted  by  the  Ordinary,  after 
notice  to  the  defendant,  shall  l)e  conclusive  evidence  of  either 
fact. 


470 


PT.  2.— TIT.  0.— CHAP.  3.— AllT.  2.— Title,  &c. 


Section  1. — Different  kind  of  Administrators,  &c. 


ARTICLE  II. 

iJF  ADMINISTRATION. 

Section    1.  Difterent  kinds  of  administrators,  tVc. 

SixTioN    2,  Of  their  appointment,  bonds  and  removal. 

Section    3.  Of  inventories,  appraisements  and  returns. 

Section    4.  Of  managing  the  estate  and  paying  debts. 

Section    5.  Of  receiving  and  making  titles  on  bonds  for  titles 

Seihton    <),  Of  administrators'  sales. 

Section     7.  Of  distribution,  advancements,  i^^-c,  for  family. 

Section    8.  Of  commissions  and  extra  compensation. 

Section    9.  Of  final  settlements  and  receipts,  &c. 

Section  10.  Of  letters  of  dismission  and  resignation. 

Section  11.  C)f  removing  proceedings  to  another  cftunty. 

Section  12.  Of  foreign  administrators,  tJcc. 


Temporary 

letters. 


Ptndtnte 
lite. 


n<m. 


SECTION  1. 

DIFFKRKNT   KINDS   OF  ADMINISTRATORS.  AND  RULES  OF  GRANTING 

LETTERS. 


Section'. 

2461.  R\dcs  lor  granting  letters. 

2462.  Clerk — when  to  be  administrator. 
246;i.  Survivorship  among  administrators 
2464.  Need  not  be  per.?on  citing. 


Section'. 

2456.  Temporary  letters. 

2457.  Pendente  lite. 

2458.  De  bonis  non. 

2459.  With  tlie  will  annexed. 

2460.  Citizens  only  qnalificd. 

§  2450.  The  (Ordinary  may,  at  any  time,  grant  temporary  let- 
ters  of  administration  upon  any  unrepresented  estate,  for  the  pur- 
pose  of  collecting  and  taking  care  of  the  effects  of  the  deceased^ 
to  continue  and  have  effect  until  permanent  letters  are  granted, 
and  from  the  order  granting  temporary  letters  there  shall  be  no 
appeal. 

§2457.  Pending  an  issue  of  devisavU  vel  non,  upon  any  paper 
propounded  as  a  will,  temporary  letters  of  administration  may 
be  granted,  unless  the  will  has  already  been  admitted  to  probate 
in  common  form  and  letters  testamentary  issued. 

§2458.  Administration  de  honis  non  is  granted  upon  an  estate 
already  partially  administered,  and,  from  any  cause,  unrepre- 
sented. 


PT.  2.— TIT.  (I.— CHAP.  3.— ART.  2.— TrrLE,  &c.  i71 

Section  1 . — Different  kind  of  Administrators,  itc. 

^  2459.  Administration  witli  the  will  annexed,  is  o;ranted  where  with  the 
tlie  deceasQd  died  testate,  but  no  executor  appears  to  qualify  and  e<i. 
execute  the  will.     If  the  executor  appointed  is  dis<jualified,  for 
want  of  age,  the  letters  may  be  granted  until  the  disability  ceases. 

§2460.  Xone  but  citizens  of  the  Confederate  States,  residing  citizens  on- 
in  tlie  State  of  Georgia,  are  qualified  to  be  made  administrators,  ^^'i"'''^'"''*^- 

§2461.  In  tlie  granting  of  letters  of   administration  of  auyKuicsfor 
kind,  the  following  rules  shall  be  observed,  the  applicant  being,  fei^  '""^  '' " 
in  all  cases,  of  sound  mind,  and  laboring  under  no  disability — 

1.  The  husband  or  wife  surviving,  irrespective  of  age,  sliall  be 
tirst  entitled. 

2.  The  next  of  kin,  at  the  time  (jf  the  death,  according  to  the 
law  declaring  relationship  and  distribution,  shall  be  next  entitled; 
1)ut  if  tlie  party  died  testate,  the  person  most  beneficially  inter- 
ested under  the  will  sliall  have  the  preference.  Eolations  by  con- 
sanguinity shall  be  preferred  to  those  by  affinity. 

3.  If  there  l)e  several  of  the  next  of  kin,  equally  near  in  de- 
gree, the  person  selected  in  writing  by  a  maiority  of  those  inter- 
ested as  distributees  of  the  estate,  and  who  are  capable  of  ex- 
pressing a  choice,  shall  be  appointed. 

4.  If  no  such  preference  is  expressed,  the  ( )rdinarv  may  exer- 
cise his  discretion  in  selecting  the  one  best  qualified  for  the  office. 

5.  Where  no  ajjplication  is  made  by  the  next  of  kin,  a  creditor 
may  be  appointed ;  and  among  creditors,  as  a  general  rule,  the 
one  having  the  greatest  interest  will  be  preferred. 

6.  The  persons  entitled  to  an  estate  may  select  a  disinterested 
person  as  administrator,  and,  if  <)t]ierwise  qualified,  he  shall  be 
apj:)ointed. 

7.  The  person  entitled  to  administration  may  desire  a  third 
person  associated  vrith  him  in  tlie  administration,  and,  in  such 
case,  if  otherwise  (pialified,  he  may  be  appointed. 

•'^.  Xo  person  shall  be  tippointed  administrator  who  is  neither 
of  kin  to  the  intestate  or  <i  creditor,  or  otherwise  interested  in 
the  grant  of  administration,  except  in  the  cases  before  provided. 

'•1.  If  a  married  woman  is  next  of  kin,  her  husband  is  entitled 
to  tlie  administration.  If  a  female  administratrix  or  executrix 
marries,  her  husband  maybe  appointed  administrator;  the  Ordi- 
nary, hoM'ever,  may,  in  his  discretion,  grant  the  letters  to  any 
other  person  entitled  thereto  under  any  of  the  ])rescril)ed  rules. 

10.   If  tlie  decedent  be  a  free  ]»erson  (A'  wlov.  his  guardian   is 


472  PT.  2.— TIT.  6.— CHAP.  S.^AKT.  2.— Title,  &c. 

Section  1. — Diiferent  kind  of  Administrators,  &c. 

entitled  to  tlie  administration ;  if  no  guardian,  or  lie  declines,  any 
other  citizen  may  be  appointed. 

11,  As  a  general  rule,  to  cover  all  cases  not  specially  provided 
tor,  the  person  having  the  right  to  the  estate  ought  to  have  the 
administration. 

12.  Temporary  letters  of  administration,  pending  the  litiga- 
tion on  a  propounded  will,  sliould  generally  he  granted  to  the 
nominated  executor. 

cicrk-whea     §  24G2.  If,  from  any  cause,  an  estate  he  unrepresented,  and  not 
iBtrator.     j  likely  to  l)e  represented,  the  Ordinary  may  vest  the  administra- 
tion in  the  Clerk  of  the  Superior  or  Inferior  Court  of  the  county, 
or  any  other  person  whom  lie  may  deem  tit  and  proper;  a  cita- 
^  I ^  /  tion  being  first  published  for  thirty  days,  as  in  other  cases;  and 

1  such  clerk,  if  appointed,  shall  l)e  (•oin])elle(l  to  discharge  the  du- 
Small  es-     tics  of  tlic  officc ;  if,  liowcver,  such  estate  does  not  exceed  in  value 

tates  except-  '  ' 

t  f^-  the  sum  allowed  by  law  to  the  widow  and  children,  no  adminis- 

tration shall  be  necessary,  but  the  Ordimirv  shall,  by  <»vder,  set 
apart  the  same  to  the  widow  and  children. 
smviTor-         §  2-403.  If  administration  has  been  granted  to  more  than  one, 

ship  among  i         i        ,-      •   i  i  •    i  r.       ,      .     . 

ivdminiBtra-  uvwu  the  dcatJi  ut  Cither  the  rii^ht  or  administration  survives  to 

tor?.  > 

the  other. 
Need  not  1,0      §2461.  Administration  may  bo  granted  to  other  persons  than 
rUin""        him  in  whose  name  the  citation  issues,  and  without  a  new  cita- 
tion being  published. 


o 


SECTION   II. 

OF    TlIK     APPOINTMENT     OF     ADMINISTRAToHS.    TliKn:    IJONI'    AVI) 

RF.MOVAI.. 

Sectiox.  Section. 

2465.  Application.  2472.  Provision  for  new  .sureties. 

2466.  Citation.  247:J.  Joint  bond. 

2467.  Oatli.  2474.  Defaulting  adininistr;itor. 

2468.  Bond.  i   2475.  Liability  of  siiretie.*.  kc. 

2469.  To  be  tiled.  ;   2476.  Suits  not  to  abate. 

2470.  Suits  on  bonds.  !  2477.  If  several  administrator.-;,  .l-c. 

2471.  Execution — how  is.«tied.  2478.  Account  with  heir  at  law. 

Application.  §2465.  Every  application  for  letters  of  administration  must  be 
made  to  the  Ordinary  of  the  county  of  the  residence  of  the 
deceased,  if  a  resident  of  this  State,  and  if  not  a  resident,  then 
in  some  county  where  the  estate,  or  some  portion  thereof  is. 


PT.  2.— TIT.  <;._CHAP.  ;3.— AKT.  2.— Title,  *fec.  473 

Section  2. — Appointment,  Bonds  and  Removal  of  Administrators. 

§2466.  The  Ordinarv  must  issue  a  citation,  giving  notice  of  citation, 
the  application  to  all  concerned,   in  the  gazette  in  which  the 
county  advertisements  are  usually  published,  for  thirty  days,  and 
at  the  first  regular  term,  after  the  expiration  of  that  time,  the 
application  should  be  heard  or  regularly  continued. 

§  2467.  Every  administrator,  when  qualified,  (wliich   may  be  Oatii. 
(lone  in  vacation  if  appointed  at  a  regular  term)  shall  take  and 
subscribe  the  following:  oath  or  affirmation : 

"I  do  solemnly  swear  (or  affirm)  that  A.  B.,  deceased,  died  in- 
testate, so  far  as  I  know  or  believe,  and  that  I  will  well  and  truly 
administer  on  all  the  estate  of  the  said  deceased,  and  disburse 
the  same  as  the  law  requires,  and  discharge  to  the  best  of  my 
aliility  all  my  duties  as  administrator.     So  help  me  (rod.''' 

^  2468.  Every  administrator  upon  his  qualification  shall  give  Bon.i. 
l)ond,  with  good  and  sufficient  security,  to  be  judged  of  by  the 
Ordinary,  in  a  sum  e(pial  to  double  the  amount  of  the  estate  to  be 
adininistered ;  such  bond  shall  be  payable  to  the  Ordinary  for  the 
I'cnefit  of  all  concerned,  and  shall  be  attested  by  him  or  his 
deputy,  and  shall  be  conditioned  for  the  faithful  discharge  of  his 
duty  as  such  administrator,  as  required  by  law.  A  substantial 
compliance  with  these  requisitions  for  the  bond,  shall  be  deemed 
sufficient,  and  no  administrator's  bond  shall  be  declared  invalid, 
by  reason  of  any  variation  therefrom,  as  to  payee,  amount  or 
condition,  Avhere  the  manifest  intention  was  to  give  bond  as  ad- 
ministrator, and  a  breach  of  his  duty  as  such  has  been  proved. 

§  2469.  All  administrators'  bonds  shall  l)e  kept  of  file  by  the  to  i.e  ftied. 
( >rdinarv,  the  same  being  first  recorded  within  six  days  after 
tlieii*  execution  in  a  book  to  be  kept  for  that  purpose. 

^  247'^>.  The  administrator  and  his  sureties  shall  l)e  held  and  suits  on 
deemed  joint  and  several  obligors,  and  may  be  sued  as  such  in 
the  same  action,  and  if  the  administrator  is  beyond  the  jurisdic- 
tion of  this  State,  or  is  dead,  and  his  estate  unrepresented,  or  is 
in  such  position  that  an  attachment  may  be  issued  against  him, 
the  sureties  or  any  one  or  more  of  them  may  be  sued,  l^o  prior 
judgment,  establishing  the  liability  of  the  administrator  or  a 
ilevastavH  by  him,  shall  be  necessary  before  suit  against  the 
sureties  on  the  bond. 

^2471.  In  all  cases  of  judgments  recovered  against  the  admin- Exocution— 
istrator  and  his  sureties,  the  execution  issued  shall  be  first  levied 
\m  the  property  of  the  principal,  and  no  levy  shall  be  made  on 
the  ]>roperty  of  tlie  sureties  until  there  is  a  return  of  nulla  hona 


Hfdi  PT.  2.— TIT.  C— CHAP.  3.— AKT.  2.— Title,  &c. 


Section  2. — Apiwiiitment,  Bonds  arxcl  Removal  of  Administrators. 


as  to  the  principal,  unless  the  plaintiff  in  Ji.  fa.  shall  Hie  with 

tlie  levying  officer  an  affidavit  that  tlie  surety  is  actually  removino- 

or  secreting  liis  pi'operty  so   ns   to  avoid   the   payment  of  ^u^•h 

judgment. 

for*'n'ew"°*        §2472.  The  provisions  hereinl)erore   made  in  case  tlie  snrety 

t^nretics.      ^j^  ^  guardian's  bond  dies,  or  becomes  insolvent,  or  removes  from 

the  State,  or  from  other  causes  becomes  insufficient,  or  in  case 

tlie  surety  desires  to  be  relieved  as  surety,  shall  be  applicable  to 

sureties  on  administrators''  bonds  in  tlie  same  manner  and  under 

the  same  conditions  as  if  they  v.ere  tlierein  named. 

Joint  bond.       §  2-l:To.   If  two  or  more  administrat(,)r.-^  unite  in  a  (x)nnnon  1)ond. 

all  the  sureties  are  l)ound  for  tlie  acts  of  each  administrator,  and 

the    administrators    themselves    are    mutual     sureties    foi-    each 

other's  conduct. 

nefauitmf:        §2474.  Whenever  tiie  Ordiuarv  knows,  oi-  is  intbrmed  l»v  auv 

*«>•.  person  having  any  interest  in  the  estate,  that  the  administrator 

wastes,  or  in  any  manner  mismanages  the  estate,  or  that  he  or 

his  sureties  are  likelj'  to  become  insolvent,  or  that  he  refuses  or 

fails  to  make  returns  as  requireil  bv  law,  <»r  that  for  anv  reason 

Citation.         ,        .  -•       •         i  i   •      i  '•  i         i      n      •  i"       i      • 

Jie  IS  uniit  tor  the  trust  reposed  m  him,  he  shall  cite  such  admin- 
istrator to  answer  to  such  charge  at  some  regular  term  of  the 

Procceaings  court,  and  upon  the  hearing  of  his  return  the  Ordinary  may,  in 
his  discretion,  revoke  the  letters  of  administration,  or  require 
additional  security,  or  pass  such  other  order  as  in  his  judgment 
is  expedient  under  the  circumstances  of  each  case. 

Liability  of       §247.").  Ill   all   casos  of  rciiioval  of  an   administrator  for  anv 

sureties  of  ,  ,  i  •     i  i  i  •    i  i       •        i  • 

removed  ad- cause,  tlio  Sureties  on  his  bond  are  liable  tor  ins  acts  in  connec- 

ministrator.      .  .   ,      ,  .  ,  ,  ... 

tion  With  his  trust,  up  to  the  time  ot  his  settlement  with  an 
administrator  Je  honls  non,  or  the  distributees  of  the  estate. 

Suits  not  to  §2470.  The  revocation  of  letters  of  administration  shall  not 
abate  any  suit  pending  tor  or  against  the  administrator,  but  tue 
administrator  de  honis  iwu  shall  be  made  a  party  in  ])roper  cases 
by  scire  facias^  as  in  case  of  the  death  of  a  party. 

If  several         §2477.  If  there  are  more  administrators  than  one,  and  <-om- 

administni-  *■.  ^  ' 

tors  and  one  plaint  is  made  against  one  only,  and  his  letters  are  revoked,  the 

k'nly  IS  n-      *  o  ,/  ?  ^ 

moved.        eutirc  trust  remains  in  the  hands  of  the  other  and  with  him,  as 

to  an   adnlilli^trator  de  honis  iton   the  removed  co-administrator 

must  account. 

Afc.unt  §-478.  If  there  Ije  no  administrator  dt-  honis  nou  a}>i>ointed, 

^w.    "'^*'*  *^'i'  if  he  fails  to  brin<r  the  removed  administrator  tft  an   account. 


PT.  2.— TIT.  t;.— CHAP,  o.— ART.  l>.— Title,  dec.  175 


Section  2. — ^Appointment,  Bonds  and  Removal  of  Administrators. 


the  heirs  at  law,  or  distributees,  or  legatees,  (if  there  be  a  M'ill) 
may  sue  directly  for  an  acccnmt  and  settlement. 


SECTION  III. 

OV  IXVKXTORIES,  APPRAISEMENT  AXD  RETURNS. 

Section.  ISectiox. 

12479.  Inventory  iind  appraisement.  j   2486.  Neglect  of  administrator,  &c. 

U480.  How  made  and  returned.  ■   2487.  Cannot  take  property  at  valuation. 

2481.  When  to  be  executed.  ,   2488.  Annual  return. 

2482.  What  to  contain.  i  2489.  Vouchers. 

2483.  Joint  inventor}'.  2490.  Duty  of  Ordinary. 

12484.  Oath  of  appraisers.  ,   2491.  Non-resident  or  dead  administrator 

2485.  Return  of  appraisers.  ,   2492.  Ordinary's  docket. 

§2479.  Immediately  upon  the  qualification  of  every  adininis- inventory 
trator  the  Ordinary  should  issue  a  warrant  (or  if  property  be  in  mc^nt''^™^' 
difierent  counties,  warrants)  of  appraisement  directed  to  five  dis- 
interested frecholderci,  citizens  of  the  county  where  the  personal 
property  is,  any  three  of  whom  shall  be  qualified  to  act,  requiring 
them  on  oath  fairly  and  justly  to  appraise  and  value  all  of  the 
personal  property  of  the  deceased  produced  to  them  by  the 
administrator. 

§2480.  The  administrator  shall  make  a  just  and  true  inventory  n,,^ made'' ^*'  ' 
of  all  the  personal  property  owned  and  possessed  by  the  deceased  ""'^'■^*"™*"'' 
at  his  death,  and  shall  produce  and  exliibit  the  same,  if  possible, 
to  the  appraisers  appointed  as  aforesaid.     And  when  such  inven- 
tory and  appraisment  is  returned  to  the  Ordinary,  the  adminis-  '  -^ 
trator  shall  swear,  in  addition  to  the    usual    oath    on   making 
returns,  that  such  inventory  contains  a  true  account  of  all  the  \ 
goods  and  chattels,  rights  and  credits  of  the  deceased,  within  his/ 
1  lands,  possession  or  knowledge. 

§2481.  The  warrant  of  appraisement  must  be  executed,  except -when  to  be 
providentially  prevented,  within  sixty  days  after  the  same  is  ^■^<'"'*«^^- 
issued,  and  the  inventory  and  appraisement  should  be  returned  to 
the  Ordinary  within  four  months  after  the  qualification  of  the 
administrator.  If  the  execution  or  return  be  delayed  beyond  the 
periods  specified,  the  Ordinary  should  inquire  into  the  reason  and 
spread  the  same  on  his  record  with  the  return, 

§2482.  A  debt  due  l)y  the  administrator  to  the  estate  must  bewuattocon- 
included  in  the  inventory,  and  notice  taken  of  any  interest  the  ^""^ 
estate  may  have  in  au  unsettled  partnership,  though  the  assets 
be  in  the  hands  of  a  surviving  ]>artner. 


476  PT.  2.— TIT.  6.— CHAP.  3.— AKT.  2.— Title,  &c. 

Section  3. — Of  Inventories,  Appraisements  and  Returns. 


Joint inven-  §2483.  The  inveiitorj  sliould  be  made  jointly  by  all  the  ad- 
mmistratori?,  but  is  not  conclusive  proof  of  joint  possession  of 
the  assets. 

onth  of  ai--  §2484.  Tlic  appraisers  before  entering  upon  their  duties  shall 
take  and  subscribe  an  oath,  before  aji  officer  authorized  to  ad- 
minister it,  or  before  one  of  their  number,  who  is  hereby  author- 
ized to  administer  the  same,  faithfully  to  discharire  their  duty  as 
appraisers. 

Return  of  §2485.  Tlic  rcturu  of  the  appraisers  shall  be  in  wrifinff,  and 
f'crtihed  by  then*  own  signatures,  any  three  being  com])etent  to 
act.  It  sliall  be  delivered  to  the  administrator,  and  by  him 
I'eturned  to  the  Ordinary. 

Neglect  uf        §24S(;.  The  neglect  of  an  administrator  to  return  a   correct 

adminlstra-    ,  , 

tors  In  thin  mventorv  and  appraisement  sliall  be  held  sis  sufficient  jrround  for 

removal. 
<  annot  t.ik.      §2487.  No  trustce  is  allowed  to  convert  the  trust  proi>ertv 

property  at  i  -r>   * 

vrtiuation.  to  his  own  usc,  accouutiug  for  it  at  the  appraised  vidue.  P>ut 
in  such  cases  he  must  account  for  its  true  value. 

Annual  re-  8  2488.  Oil  i>v  before  the  resrular  term  of  the  court  in  .liilv  in 
,  each  and  every  year,  every  administrator  shall  make  a  true  and 
just  account,  upon  oath,  of  his  receipts  and  expenditures  in 
behalf  of  the  estate  during  the  preceding  year,  together  with  a 
note  or  memorandum  of  any  other  fact  necessary  to  the  exhibit 
of  the  true  condition  of  such  estate.  To  this  account  shall  be 
attached  copies  of  all  the  vouchers,  showing  the  correctness  of 
each  item.  If  any  of  the  receipts  be  for  cotton,  corn,  or  other 
produce  sold,  the  voucher  shall  show  the  quantity  of  eacli,  the 
l>rice  at  which  it  was  st'ld.  the  name  of  the  ])urchaser  and  the 
time  of  the  sale. 

Vouchers.  §24S0.  Tlic  aiinual  return  of  an  administrator  sliall  be  accom- 
}>anicd  by  the  original  vouchers,  and  it  shall  be  the  duty  of  the 
Ordinary  to  compare  the  originals  with  the  copies,  before  return- 
ing the  originals  to  the  administrator. 

Duty  of  oi-      §2490.  The  Ordinary  shall  carefully  examine  each  return  and 

'  "'■"■^-  its  vouchers,  and  if  found  correct,  and  no  objection  be  filed  in 
thirty  days  from  the  time  it  is  filed  in  office,  shall  allow  the  same, 
and  order  it  t<^  be  recorded,  together  with  the  copy  vouchers 
attached.  The  return  and  copy  vouchers  shall  be  kept  of  file  in 
the  Ordinary's  office.  The  return  thus  allowed  and  recorded 
shall  be  j>?'im(T  fa<^i«'  evidence  in  favor  of  the  administrator  of 
its  correctness. 


PT.  -.-TIT.  »— CHAP.  3.-ART.  L>.-Tm.E,  &c.  4t7 

^ Section  3.— Of  InTentoriea,  Appraisements  and  Returns. 

§2491.,  The  return  of  a  non-resident  administrator  may  beNon-resi- 
admitted  to  record  upon  the  affidavit  of  his  surety.     And  if  the  'dmi„^£' 
administrator  be  dead,  the  representative  of  his  estate  may  make'"" 
a  return  of  tlie  accounts  of  the  deceased  administrator '  in  the 
same  manner,  and  to  liave  tlie  same  effect  as  if  he  were  living. 

§2492.  To  insure  annual  returns  from  every  administrator*  itordinarys 

shall  be  the  duty  of  the  Ordinary  to  keep  a  docket  of  all  such'' ^ 

a^  are  liable  to  make  returns,  and  immediately  after  the  session 
ot  the  July  term  in  each  year,  to  cite  all  detaulters  to  shoM- 
cause  lor  their  neglect.  A  willful  and  continued  failure  shall  bo 
good  cause  of  removal  from  the  trust. 


docket. 


SECTION  IV. 

OF  MAXAGIXG  THE  KSTATE  AND  PAYIXG  THE  DEBTS. 

^BCTioN.  Section 

!!!:  ^'^''"'"'  ""^  '^'^''-  2501.  Debts  barred.  Ac. 

2494.  Debts  paid  by  Jieirs.  .502.  Counsel  fees 

2405.  When  the  debts  are  to  be  paid.        '  250.^.  Investment  in  stocks 

•'Z  T^''-f  ''"'"  -'''•  ^""^'""'"^  ^"«-«««  of  deceased.       . 

.49.  Howpa,d.  2505.  Hiring  of  negroes. 

tZ  n   K    r    u  •'''"""'■^''•^^"■•-  ^   2506.  Duty  as  to  contracts. 

o^nn    p'    ^  ^f  "^'^^°  ""'  ^■•^'^'t^'--  2507.  Twelve  months'  exemption,  fee: 

2500.  Power  of  administrator,  &c. 

§2493.  Every  administrator  shall  give  six  weeks^  notice.   byp.,_tor 
advertisement  in  one  of  the  public  gazettes  of  this  State,  or  at'"^'- 
three  difterent  places  of  the  most  public  resort  in  the  county  for 
c^reditors  of  the  estate  to  render  in  an  account  of  their  demands. 
The  administrator  shall  be  allowed  twelve  months,  from  the  date 
ot  his   qualihcation,  to  ascertain   the   condition  of  the   estate. 
Creditors  tailing  to  give  notice  within  that  time 'lose  all  right  to 
an  equal  participation  with  creditors  of  equal  dignitv  to  whom 
distribution  is  made  before  notice  of  such  claims  is  brought  to 
the  administrator;  nor  can  they  hold  the  administrator  liable  for 
a  misappropriation  of  the  fund;  if,  however,  there  are  assets  in 
the  hands  of  the  administrator  sutiicient  to  pay  such  debts,  and 
no  claims  ot  higher  dignity  are  unpaid,  the  assets  shall  be  thus 
appropriated  notwithstanding  the  failure  to  give  notice 

..Jl'T'  ^I'.^^^f  ^^^^^^^^^^^^^ii^tributedtothe  heii^s  at  law,  ,>e,.  p.a 

ithout  notic^  ot  an  existing- debt,  the  creditor  may  compel  ^^^ ''^- 
them  to  contribute  jf./Y>  rata  to  the  payment  of  his  debt. 


478  PT.  2.— TIT.  6.— CHAP.  3.— ART.  2.— Title,  &c. 


Section  4. — Of  Managing  the  Estate  and  Paying  tlie  Debts. 


When  the        §2495.  The  administrator  should  pay  the  debts  of  the  estate, 

debts  are  to      Z'  ,  .  .     ,       ^ 

bo  paid.  wholly  or  in  part,  at  the  expiration  oi  the  first  year  from  his  ap- 
pointment. If  partial  payment  is  made  it  should  he  pro  rata  on 
debts  of  equal  dignity.  Successive  dividends  to  creditors  should 
be  made  at  the  end  of  every  year,  until  the  estate  is  paid  out. 
If  the  administrator  is  himself  a  creditor  he  cannot  retain  his 
own  debt,  but  must  share  with  others  of  equal  dignity. 

Priorifyof        8  249G.  Li  the    payment  of  tlie  debts  of  a    decedent,  tliev 

<lelit8.  o  i     .^ 

shall  rank  in  priority  in  the  following  order: 

1.  Funeral  expenses  to  correspond  with  the  circumstances  of 
the  deceased  in  life,  including  the  physician's  bill  and  expenses 
of  the  last  sickness.  If  the  estate  is  solvent  the  administrator 
is  authorized  t<»  provide  a  suitable  protection  ft)r  tlie  grave  of 
the  deceased. 

2.  The  necessar}' expenses  of  admiiiistrati(Ui,  including  a}»r<>- 
vision  for  the  support  of  the  family. 

3.  Unpaid  taxes,  t»r  other  del)ts.  (hie  to  the  State,  <»r  the  Con- 
federate States. 

4.  Debts  due  Ijy  the  deceased  a.-^  executor,  administrator  (»r 
guardian  for  the  estate  committed  to  him  as  such,  or  any  debt 
due  In*  the  deceased  as  trustee,  having  had  actual  possession, 
control  and  management  of  the  trust  propert}-. 

5.  Judgments,  mortgages,  and  all  other  liens,  created  during 
the  lifetime  of  deceased,  and  to  be  paid  according  to  their 
priority  of  lien.  Mortgages  and  other  liens  on  specific  property 
to  be  preferred  only  so  far  a-  such  ])roperty  extends.       * 

('».  Debts  due  for  rent. 

7.  All  liquidated  denumds.  including  foreign  judgments,  dor- 
mant judgments,  bonds,  and  all  other  obligations  in  writing  for 
the  payment  of  money,  promissory  notes,  and  all  debts  the 
amount  due  on  which  was  fixed  and  ascertained  or  acknowledge^! 
prior  to  the  death  of  the  decedent. 

S.  Open  accounts. 
Howi..iiii.  §2497.  All  the  estate,  real  and  personal,  unless  otherwise  pro- 
vided by  this  Code,  is  liable  for  the  payment  of  debts.  If  there 
is  a  will,  the  property  charged  with  the  debts  should  be  first 
applied,  next  the  residuum,  or  if  there  be  no  residuary  clause 
the  unde%'ised  estate;  next,  general  legacies  must  iCo?de pro  rata ^ 
and  lastly,  specific  legacies  must  contribute. 

§2498.  An  administrator  is  bound  to  place  in  suit  every  debt 
due  the  estate,  which  he  may  reasonably  expect  to  recover ;  and 


PT.  2.— TIT.  •;._CHAP.  ?..— ART.  2.— Titlt:,  (fee.  479 


Section  4. — Of  Manajring  the  EHtato  and  Paying  the  Debts. 


it'  bv  his  neglect,  or  indulsrence,  the  debt  is  barred  bv  the  lapse  collection 
of  time,  or  is  otherwise  lost  to  the  estate,  he  is  responsible  there-  ^  '''^'" 
for. 

§2499.   \i'  the  {uliiiinistrator  for  any  cause  declines  to  place  or  by  iii*. 
anv  claim  in  suit,  he  may,  nevertheless,  assign  the  same  to  a  dis- creditor." 
tributee  or  creditor,  Avho  may,  at  his  own  expense,  prosecute  the 
same,  the  proceeds,  if  recovered,  after  paying  expenses,  to  be 
distributed  by  the  administrator. 

§2500.  An  administrator  is  autliori/ed  to  c<)jn])r()mise  a  con- i'„werof;i.i- 
tested  claim  for  or  against  the  estate,  to  submit  such   matters  to  "''"rdeMsto 
arbitration,  to  release  a  debtor,  if  for  the  Ixmefit  of  the  estate, '^^  "' 
and  to  constitute  an  attorney  in  fact  to  act  in  his  stead,  he  being 
responsible  for  his  conduct. 

§2501.  An  administrator  in  his  discretion  may  relieve  a  debt  Debts  uu- 
from  the  bar  interposed  by  the  lapse  of  time,  by  a  new  promise  uu-  df  limi- 
to  pay;  Pi'orhlcd,  sucli  bar  liad  not  occurred  in  the  lifetime  of  ' 
his  intestate.     In   such  cases  the  distributees  can  make  him  re- 
sponsible, by  ])roof.   tliat  the  claim   against    tlie    estate  was  in 
reality  unjust. 

vj  2502.  An  administrator  is  authorized  to   i)n)vide  for  the  es- counsi-i fees. 
tate  competent  legal  counsel,  according  to  the  exigencies  of  the 
estate  he  represents. 

§250^5.  When  from  any  cause  an  administrator  is  e()m])elled  i„ve»tiutiat 
to  liold  the  funds  of  the  estate  in  his  hands,  he  is  authorized  to '"*'*""*■ 
invest  the  same  in  stocks,  bonds,  or  other  securities  issued  by 
this  State,  or  (b}'  leave  of  the  Ordinary)  in  bonds  issued  by  the 
proper  authorities  of  tlie  cities  of  Savannah  and  Augusta.  In 
such  case  he  shall,  within  twelve  months  thereafter,  make  a  legal 
return  thereof,  in  which  shall  be  set  forth  tlie  price  paid,  the 
time  of  the  purchase,  and  the  name  of  the  seller.  Such  invest- 
ments shall  not  be  subject  to  taxation  so  long  as  they  are  held 
for  the  estate.     If  an  executor  or  trustee  has  in  liis  hands  money,    ,    , 

•^  In  liind  ani 

as  the  separate  estate  of  a  married  Avonum,  absolutely  or  for  life,  negroes  in 

A  1  .1  t  ecrtam  oases 

lie  may  under  the  direction  of  the  Superior  Court  invest  such 
funds  in  land,  or  negroes,  or  both, 

§2504.  An  administrator  may  exercise  his  discretion  in  con-       . 

,   *^  _  •'  Contiiiuiua; 

tinning  the  business  of  his  intestate  until  the  expiration  of  the  ^"^''"'^''V''^ 
current  year.     Up  to  the  time  of  sale  or  distribution  the  ad- 
ministrator  must  manage  and  dispose  of  the  propertv  of  the 
estate  for  the  best  interest  of  the  estate. 


480 


FT.  2.— TIT.  6.— CHAP.  3.— ART.  2.— Title,  iSic. 


Section  4  — Of  Managing  the  Estate  and  Paying  the  Debts. 


Hiring  of 
negroes. 


Duty  as  to 
eoDtracts. 


Twelve 
months"  ex- 
emption 
from  suit. 


§  2505.  The  negroes  of  the  estate  may  be  hired  by  the  admin- 
istrator privately,  and  in  so  doing  he  should  look  to  the  preser- 
vation and  protection  of  the  property  as  mnch  as  to  the  annual 
income,  and  whenever  it  is  necessary  the  administrator,  under 
the  order  of  the  court,  may  work  the  lands  and  slaves  of  deceased 
for  the  benefit  of  the  estate. 

§250<;.  The  administrator,  as  lar  as  possible,  must  fultill  the 
executory  and  comply  with  the  executed  contracts  of  the  de- 
ceased, and  he  has  a  corresponding  right  to  demand  the  same  of 
the  parties  contracted  with.  If,  however,  tlie  personal  skill  of 
the  intestate  entered  into  the  consideration  of  the  contract,  his 
death  renders  the  execution  impossible,  and  the  contract,  though 
entire,  must  be  considered  as  divisible  and  closed  at  his  death, 
and  the  i»art  execution  by  the  deceased  authorizes  and  re(piires 
a  corresponding  compliance  by  the  otlier  contractor. 

^  2507.  Xo  suit  to  recover  a  debt  due  by  tlie  decedent  shall 
be  commenced  against  the  administrator  until  the  expiration  of 
twelve  months  from  his  qualification.  This  exemption  shall  not 
apply  to  an  administrator  de  honi.s  /w/t,  unless  appointed  within 
the  year  allowed  to  his  predecessor.  And  in  all  cases  the  ad- 
ministrator de  bonis  non  shall  be  made  a  party  to  suits  pending 
against  the  administrator  ui)on  f«'u'e  fiU^inH  issued  to  the  first 
term. 


SECTION  V. 

OF  RKCEIVING   AND  MAKIN<;  TITLKS  ON  BONDS  FOK  TITLKS. 

»ECTiox.  Section. 

2508.  Making  titles  on  bond  of  intestate.  2511.  Vendor  and  vendee  dying. 

2509.  Notioe.  j   2512.  Co.sts. 

2510.  Vendee  dying,  title  to  lieirs.  | 

Making  ti-  §250S.  If  the  intestate,  during  his  life,  executed  a  bond  to 
*^*inu°  tote.'*  luake  titles  to  land,  and  dies  without  making  such  titles,  the 
holder  of  such  bond,  after  having  complied  with  its  condition, 
may  apply  to  the  Ordinary  having  jurisdiction  over  the  estate, 
for  an  order  requiring  the  administrator  to  execute  the  titles  ac- 
cording to  the  terms  of  the  bond,  in  all  cases  annexing  to  his  pe- 
tition a  copy  of  the  bond. 
KoD6€  §  -509.  Personal  notice  of  such  application  must  be  given  to 

the  administrator,  and  three  months'  notice  to  all  concerned,  by 
}.ublication  in  the  gazette  in   which   the  county   advertisements 


FT.  2.-TIT.  C.-CHAP.  3— AKT.  2— Title,  &c. 

Section  5. — Receiving  and  making  Titles  on  Bonds  for  Titles. 


481 


reat 


are  inserted.     If  no  objection  is  filed,  and  the  Ordinary  is  satis- 
fied of  tlie  truth  of  the  allegations  in  the  i)etition,  the  order  shall 
be  granted.     If,  however,  any  one  of  the  heirs  at  law  files  a  writ-  ,.„ 
ten  objection  to  the  proceeding,  the  application  shall  be  dismissed  " 
and  the  petitioner  remitted  to  his  proceeding  in   the  Superior 
Court.  ^  ^ 

_  §2510.  If  the  vendee  dies,  having  possession  of  a  bond  forvendce  dy- 
titles,  the  Ordinary  of  the  county  having  jurisdiction  of  the  es- i,"efrs""'  *** 
tate,  may,  upon  a  similar  application  by  any  one  of  the  heirs  at 
law  of  the  vendee,  and  on  notice  to  the  vendor,  and  public  notice 
to  all  concerned,  as  provided  in  the  foregoing  section,  order  the 
title  to  be  made  to  the  heirs  at  law  of  the  deceased.  Such  titles, 
however,  sliall  not  prevent  such  lands  being  assets  in  the  hands' 
of  the  administrator  for  the  payment  of  debts. 

§2511.  If  both  the  vendor  and  vendee  die,  the  notice  shall  bey,„^^^  ^^^ 
given  to  the  legal  representative  of  the  vendor.  \vho  shall  make  r"""^'*"^'  *^y^- 
the  title  to  the  heirs  of  the  vendee.  °^" 

§2512.  In  all  cases  arising  under  this  section,  the  costs  of  the  costs 
proceeding  shall  be  paid  by  the  applicant  for  the  title. 


SECTION  VI. 

OF  ADMINISTRATOR'S  SALES. 
Sbction.  I  Section. 

2513.  Sale  of  pensliable  property.  |  2522.  Land  lying  iu  two  counties. 

2514.  Sales  at  public  outcry.  2523.  Children  not  separated,  &c 

2515.  Terms  of  sale.  2524.  Effect  of  warranty. 


2516.  Sale  of  wild  lands. 


2525.  Property  held  adversely. 


Illl'  f  ?^  «f ''^^"^^^^"t  papers.  j  2526.  Claim-where  and  how  'tried. 

25  8.  Sale  of  land  on  negroes.  252Y.  Private  sales  against  public  policy. 

2519.  Manner  of  sale.  j  2528.  Sales  by  executor,  Ac 

2520.  Recital  iu  deed.  j   2529.  Return  of  sales. 

2521.  Sale  of  slaves  to  pay  debts.  \ 

§2513    The  personal  perishable  property  should  be  sold  at  assareofper- 
early  a  day  as  i)racticable,  consistent  with  the  interest  of  the  es  I'^f'^^^^^- 
tate.     It  must  be  done  under  order  from  the  Ordinary,  in  which 
the  kind  of  notice  and  the  length  of  time  it  shall  be  given  beino- 
not  less  than  ten  days,  shall  be  specified.     The  order  for  sale 
shall  be  granted  as  of  course,  unless  the  application  is  from  -i 
temporary  administrator,  when  the  Ordinary  may  exercise  hi's 
discretion. 
31 


12  I^'t.  '2.— TIT.  6.— CHAP.  3.— AET.  2.— Title,   '6^k 

Section  6.— Of  Administrator's  Sales. 

Sales  at  pub- /  |25l4.  All  sales  l)j  administrators,  (except  of  annual  crops 
sent  off  tp  market,  and  of  vacant  lands,)  shall  be  at  public  outcry 
'""  "  .betweeji'tlie  hours  often  o'clock,  A.  M.,  and  four  o'clock,  P.  M., 
nor'stiail  any  sale  be  continued  from  day  to  day  unless  so  adver- 
TOnta-l'  '^^^'  tisecl.    'Good  faith  is  required  of  the  administrator  in  all  cases 
that  the  property  be  sold  in  such  manner  and  quantities  as  shall 
V)  'tui'r,^/,!  ^De  dceraed  most  advantageotis  to  the  estate. 
Termso^"'       S  S.^li).  The  administrator  mav  exercise  his  discretion  in  de- 
mandiug  cash  or  extending  credit.     Full  notice  should  be  given, 
^ancl' the  oe^t  interest  of  the  estate  observed.     If  credit  is  given, 
the  aclmiriistrator  must,  at  his  own  risk,  determine  the  sufficiency 
'  pi  the  security  given.     If  the  security  taken  is  ample  at  the  time. 
Diligence  asahd  suljsequently  the  debt  is  lost  after  the  utmost  diligence  by 
the  administrator,  he  will  not  be  rospon>il>lc  for  the  amount. 
^i^CXVvid',  ^  SIJlG, '  On  application  by  the  administrator,  and  due  notice  ad- 
an  B.  ., .,    y^i.'^jg'^^"jj;g  Jijdrgi^after  provided  in  caSe  of  lands,  the  Ordinary 
may  grant  an  order  authorizing  the  administrator  to  sell,  at  pri- 
"""^'^  "vate'sate^  \vim  uncultivated  lands  lying  in  counties  other  than 
that  of  th(^' iidministration ;  Provided,  no  objection  is  tiled  by 
any  one  interested  in  the  estate,  and  the  Ordinary  is  satisfied 
that  such  private  sale  is  preferable. 
And  (.f  in-      §2517.  All  notes,  bonds,  judgments,   accounts,   or  other  evi- 
pcrs.°    ^'' deuces  of  debt,  Avhich,  after  due  diligence,  remain  uncollected, 
and  are  deemed  insolvent  or  doubtful,  may  l)e  sold  l)y  the  admin- 
istrator, under  an  order  of  the  Ordinary,  at  pnljlic  outcry,  during 
the  u^iiaT  lipu'rs'of  sale,  on  the  regular  day  of  Sheriff's  sales,  and 
at  the  court-house  door ;  thirty  days'  notice  of  such  sale  1)eing 
given  si't'^OHfom't-house  door,  and  at  three  or  more  public  places 
in  the!  &mirtt3^'  ' 
Bale  of  ian(i'''''^2olS.''lf,'at  any  time,  it  becomes  necessary  for  the  paj'ment 
of  the  debts  of  the  estate,  or  for  the  purposes  of  distribution,  to 
sell   the   land   or  negroes   of  the   decedent,   the   administrator 
shall,  by  written  petition,  ai>ply  to  the  Ordinary  for  leave  to  sell, 
•qoiqowaiiat    scttiug  foi'tli,  lu  the  petition,  the  reason  for  such  application,  and 
Notice.     ,*  notice  of  the  same  shall  be  published  once  every  two  weeks  for 
two  mouflis' before  the  hearing,  in  the  gazette  in  which  the  county 
^r  aavertisements  are  published.     If  no  objection "  is  filed,  and  the 
Ordinary  is  satisfied  of  the  truth  of  the  allegations  in  the  peti- 
''.  tidii/ an  order  slislll'be  passed  granting  the  leave  to  sell,  specify- 
"mg  therein  the  land  and  negroes  as  definitely  as  possible. 


PT.  2.— TIT.  (J.— CHAP.  3.— ART.  2.— Title,  iirc.  4.83 

Section  6. — Of  Administrator's  Sales. 

§2510.  Every  sucli  sale  shall  be  advertised  in  the  same  gazette  Manner  of 
for  forty  days  after  the  leave  granted  and  before  the  sale.  It 
shall  be  had  at  public  auction,  on  the  tirst  Tuesday  of  the  month, 
between  the  usual  hours  of  sale,  and  at  the  place  of  public  sales 
in  the  county  having  jurisdiction  of  the  administration,  unless  by 
special  order  in  the  discretion  of  the  Ordinary,  a  portion  of  the 
land  or  negroes  is  sold  in  another  county  where  the  land  lies  or 
the  negroes  are  domiciled. 

§2520.  The  recital  of  a  compliance  with  these  provisions  in  Recital  in 
the  administrator's  deed,  shall  Ite  prima  facie  evidence  of  the '  "^  ' ' 
iacts. 

§2521.  The  slaves  belonging  to  un  estate  shall  never  be  soldsr^icof 
for  the  purpose  of  paying  the  debts,  (unless  directed  by  the  will,)  paj'tubts  or 
unless  the  other  personal  estate,  together  with  the  hire  of  the'""'" 
slaves  for  twelve  months,  -will  be  insufhcient  to  discharge  them; 
and  where  the  application  to  sell  is  for  the  purpose  of  distribu- 
tion, the  Ordinary  must  be  satisfied  that  the  distributees  have 
actual  notice  of  the  application. 

§  2522.  If  land  ordered  to  be  sold  is  composed  of  one  tract  or  Lan.i  lying 
body  of  land  lying  partially  in  two  counties,  the  sale  may  be  had  aunties. 
in  either  county,  as  directed  by  the  Ordinary. 

§2523.  Children,  not  exceeding  eight  years  of  age,  of  any  fe- children  not 
male  slave,  shall  not  be  separated  from  the  mother,  either  for  the  from  moUi- 
purpose  of  sale  or  distrilnition.  M'hen  such  sale  or  distribution  is'"^' 
made  by  any  administrator,  executor,  guardian  or  other  trustee ; 
nor  shall  husband  and  wife,  recognized  as  such  b}^  the  deceased 
master  when  both  belong  to  the  estate,  be  sold  separately. 

§252-1.  An  administrator  cannot  bind  the  estate  by  any  war- j;ftj,ct  ^f 
ranty  in  any  conveyance  or  contract  made  by  him,  nor  is  lie  per-  ■*'''""'"'''i*J'- 
sonally  bound  l)y  such  covenant,  unless  the  intention  of  personal 
liability  is  distinctly  expressed.  ,,.,^     i.;.:,U''.-        .ii,«  ,rw,Y 

§2525.  An  administrator  cannot  sell  property, Md , iadyerselyVropo^y 
to  the  Qs^tate  by  a  .third  person ;,  he  inu^t  first  recover  possession,  versd?" 
■  ^^2,5^6,  Il'a^  administrator  pliers  or  proposes  to  seJl  .ai)^^realciaim- 
es^ate  which  is  elaimed  Ijy  any  other  person,  sucJi,  third  pei'son  how^rkHi! 
may  interpose  his  claim,  whieJi  shall  be  tried  in  the  county; Adiere 
,;  the iand  lies.  ,  If  the  claim  be  to  personal  property,  lit;  di^lif  be 
.  ti"ied  in  the  'county  of  the  rcsidenoe  of  the  administrator*, ' ;   • 
!;,■  §  ^527.  A  .private  sale  of  laud  or  slaves,  under  an  obligation  to  private  saio 
l$^feet.by;i^al!lW-msilityvisccintp«jty  to,  public  poliey,  and  ren-pSucy' 
'  dera  eiloli  srtlesi  .«ihva.ys  open  tOij-i^^iew  at -the  option  of  parties  at 


484 


PT.  2.— TIT.  6.— CHAP.  3.— AKT.  2.— Title,  &( 


Section  6. — Of  Administrator's  Sales. 


Sales  by  ex- 
•enters,  &c. 


Return  of 
8alo8.    ^ 


interest.  Such  sales,  made  prior  to  December  17th,  1859.  are 
leojal  and  valid. 

§  2528.  If  a  will  authorizes  a  private  sale  by  the  executor,  au 
administrator,  with  the  will  annexed,  may  execute  the  power 
and  sell  the  property  without  order  from  the  Ordinary.  If  the 
will  merely  designates  the  property  to  be  sold  without  specifying 
the  mode  of  sale,  no  application  for  leave  to  sell  is  necessary : 
but  in  other  respects  the  executor  or  administrator,  with  the  will 
annexed,  must  comply  with  the  requisitions  before  specitied. 

§2529.  An  administrator  must  make  a  full  return  of  every 
sale,  specifying  the  proj^erty  sold,  the  ]iurchasers,  and  the  amount?, 
toirether  with  the  terms  of  sale. 


Rule  of  dis- 
tribution. 


SECTION'   VII. 

OF  DISTRIBUTION,  ADV.\NCEMENTS  AND  PROVISION  FOR  FAMILY. 


Section. 

2530.  Rule  of  distribution. 

2531.  Year's  support  to  family. 

2532.  Schedule. 

2533.  Title  to  property  set  apart. 

2534.  Provision  in  lien  of  year's  support. 

2535.  Two  .sets  of  children. 
253G.  Fees  and  costs. 

2537.  Advancements. 

2538.  Proof  of. 


'Section. 

i   2539.  Portions  in  trust,  Ac. 
j   2540.  Advancements,  Ac. 
I  2541.  How  estimated. 
I   2542.  Division  in  kind. 

2543.  Order  for  partition. 

2544.  Return. 

I   2545.  Refunding  bond. 
'  2546.  Widow  mav  select. 


"Years'  sup- 
port to  fami- 


§  2530.  After  the  payment  of  expenses  of  administration,  and 
the  debts  of  the  deceased,  the  balance  of  the  estate,  both  real  and 
personal,  stands  subject  to  distribution  among  the  heirs  at  law  of 
the  deceased,  according  to  the  relationship  hereinbefore  pre- 
scribed. 

§2531.  Among  the  necessary  expenses  of  administration,  and 
to  be  preferred  before  all  other  debts,  is  the  provision  for  the  sup- 
port of  the  family,  to  be  ascertained  as  follows:  Upon  the  death 
of  any  person,  testate  or  intestate,  leaving  an  estate,  solvent  or 
insolvent,  and  leaving  a  widow,  or  a  widow  and  minor  child,  or 

,)  cliildren,  or  minor  child  or  children  only,  it  shall  be  the  duty  of 
the  Ordinary,  on  the  application  of  the  widow,  or  the  guardian 
of  the  child,  or  children,  or  any  other  person  in  their  behalf,  on 

1  notice  to  the  representative  of  the  estate,  if  there  is  one,  and  if 
none,  without  notice,  to  appoint  five  discreet  appraisers:  and  it 

^  shall  be  the  duty  of  such  appraisers,  or  a  majority  of  them,  to 


PT.  2.— TIT.  0.— CHAP.  3.— ART.  2.— Title,  *fec.  485 

Section  7. — Of  Distribution,  Advancements  and  Provision  for  Family. 


set  apart  and  assign  to  such  widow  and  children,  or  children  on- 
ly, either  in  property  or  money,  a  sufficiency  from  the  estate  for 
their  support  and  maintenance  for  the  space  of  twelve  months, 
to  be  estimated  according  to  the  circumstances  and  standing  of 
the  family  previous  to  the  death  of  the  testator  or  intestate,  and 
keeping  in  view  also  the  solvency  of  the  estate.     If  there  be  a 
widow,  the  appraisers  shall  also  set  apart,  for  the  use  of  herself     \ 
and  children,  a  sufficient  amount  of  the  household   furniture.  ^°'"'*"®' 
The  provision  set  apart  for  the  family  shall,  in  no  event,  be  less     / 
than  the  sum  of  one  hundred  dolhvrs.  and  may  extend  to  tlie^ 
whole  estate. 

§2532.  It  shall  be  the  duty  of  the  appraisers  to  make  a  sched- schedule, 
ule  of  the  property  so  set  apart  by  them,  and  return  the  same, 
under  their  hands  and  seals,  to  the  Ordinary,  within  three  months 
from  the  date  of  their  action,  to  which  return  objections  may  be 
filed  by  any  person  interested,  at  any  time  within  six  months  af- 
ter the  filing  of  the  same  in  office,  and  if  no  objections  are  made,  objectious. 
•or  if  made  are  disallowed,  the  Ordinary  sliall  record  the  return 
so  made,  in  a  book  to  be  kept  for  this  purpose;  if  an  appeal  be 
taken,  pending  the  appeal  the  family  shall  be  furnished  with  ne- 
cessaries by  the  representative  of  the  estate. 

§2533.  The  propertv  so  set  apart  bv  the  appraisers  shall  vest  Tiue  to  pro- 

,  •  T  ,•         1  "  1'  1  in         "it  1   m  1  1  pertyset 

m  the  widow,  lor  the  use  oi  herself  and  the  children,  so  long  as  apart. 
they  arc  minors,  and  if  no  widow,  in  such  children,  share  and 
share  alike. 

§2534.  A  testator  may,  by  his  will,  make  provision  in  lieu  of  proTisionin 
this  support  for  twelve  months,  in  which  case  the  widow  may  supporr*'^ 
-elect,  under  the  same  rules  as  regulated  her  election  of  dower. 

§2535.  If  there  are  two  sets  of  minor  children,  by  diiierent  Two  sets  of 
wives,  the  appraisers  shall  specify  the  portion  going  to  the  chil- 
dren of  the  deceased  wife,  which  portion  shall  vest  in  them. 

S2536.  The  reasonable  charges  of  the  appraisers,  to  be  assessed  Fees  and 

costs. 

by  the  Ordinary,  and  the  fees  of  the  Ordinary,  shall  be  paid  by 
the  applicant  out  of  the  fund  set  apart.     The  (Ordinary  may  is- 
sue a  writ  oi  fieri  facias  against  the  representative  of  the  estate  i?*/. /«.  ■»«. 
for  the  amount  so  awarded,  as  aforesaid. 

§2537.  An  advancement  is  any  provision  by  a  pai-ent,  made  toAdvance- 
and  accepted   by  a  child,  out  of  his  estate,  either  in  money  or™°°**' 
property,  dm-ing  his  lifetime,  over  and  above  the  obligation  of 
the  parent  for  maintenance  and  education.     Donations  from  af- 
rtection,  and  not  made  with  a  view  of  settlement,  nor  intended  as 


4:S6  PT.  2.— TIT.  6:— CHAP.  3.— AP.T.  2.— Title,  &o. 


Section  7. — Of  Distribution,  Advancements  and' Provision,  for  Family.. 

advancements,  sliall  not  be  aeconnted  for  as  sucli ;  nor  shall  the 
support  of  a  child  nnder  the  parental  roof,  although  past  majority, 
nor  the  expenses  of  education,  he  held  as  advancements,  nnles? 
charged  as  such  hy  the  parent. 

Proof  ot  §  2538.  A  memorandum  of  advancements,  in  the  handwriting 

of  the  parent,  or  subscribed  by  him,  shall  l)e  evidence  of  the  fact 
of  advancement,  but  shall  not  be  conclusive  as  to  the  valuation 
of  the  property,  unless  inserted  as  a  part  of  testator's  -vvill,  or  re- 
ferred to  therein. 

Portions  in       §  2539.  A  portiou  given  in  trust  for  the  benefit  of  a  child  is  an 

trust  and  to  ^  .,,,,,.  ,  , 

pramichii-  advancement  to  such  benenciarv,  as  it  du'ectlv  given  to  her.  A 
portion  given  to  the  children  of  a  deceased  child  is  an  advance- 
ment to  that  distributive  share  uf  the  estate,  and  the  grand-chil- 
dren must  regulate  and  e(pialize  inequalities  among  themselves, 
in  dividing  the  surplus  coming  to  them.  '  '" 

Advanoi'-         §  2540.  In  the  distribution  of  an  estate,  every  child  of  the  in- 

^counui.r^  testate,  and  if  a  child  be  dead,  the  representative  of  that  distribu- 
tive share  must  first  account  for  any  and  all  advancements  made 
in  intestate's  lifetime;  if  the  advancements  amount  to,  or  exceed,, 
the  share  received  by  an  unadvanced  child,  such  advanced  dis- 
tributee shall  receive  nothing  farther  from  the  estate;  if  the  ad- 
vancement is  less,  then  each  unadvanced  or  less  advanced  dis- 
tributee shall  first  be  made  equal  to  such  advancement,  before  a' 
general  and  equal  distribution  is  made.  If  there  be  a  ^vido^^, 
she  shall  be  made  equal  to  advanced  children,  as  other  distribit- 
tees. 

iiowestima-  §2541.  Evei'V  advancement,  unless  a  value  is  agreed  on  at  the 
time  of  its  acceptance,  shall  be  estimated  at  its  value  at  the  time 
of  the  advancement.  And  no  interest  shall  be  charged  upon  the 
value  thereof,  until  the  time  of  the  first  distril)Ution  of  the  estate, 
from  which  date  advancements  shall  be  reckoned  with  regard  td 
interest  in  the  same  manner  as  an  equal  amount  of  the  estate  re- 
ceived at  that  time. 

Division  in       §25-42.  "Whenever  it  is  practicalde  the  Ordinary,  may  order  a 

^'°^  distribution  of  the  estate  in  kind,  which  order  may  be  granted  oil 

the  applicatittn  of  the  representative,  or  any  distributee  of  the  es- 
tate.    In   all  cases  the  applicant  shall  give  at  least  twenty  days' 

Notice.  written  notice  to  all  parties  in  interest  within  this  State  who  ard 
of  age,  and  to  the  guardians,  if  any,  of  minor  distributees,  and 
shall  also  give  notice  to  any  persons  in  interest  residing  out  of 


FT.  2.— TIT.  C— CHAP.  3.— ART.  2.— Title,  ^^p.  48| 

Section  7. — Of  Distribution,  Advancements  and  Provision  for  Family. 

the  State,  b}-  publication  of  the  same  at  least  twice  a  month  for 

four  months  in  one  of  the  gazettes  of  this  State.  , 

§  2543.  Upon  hearing  the  petition  of  the  applicant  the  Ordi-  order  for 
nary,  if  no  good  cause  to  the  contrary  be  shown,  shall  grant  an  ^'"^'^  "*"■ 
order  for  divison,  and  appoint  three  or  more  freeholders  of  the 
county  where  the  property  is  situated,  whose  duty  it  shall  be  to  j^^^^  ^^ 
appraise  and  impartially  divide  the  property  into  the  requisite  "tioners. 
number  of  shares,  and  b}'  lot,  or  otherwise,  to  assign  to  each  dis- 
tributee his  share,  equalizing  the  same,  if  necessary,  by  balances 
in  money,  to  be  paid  either  out  of  the  estate  or  by  the  respective       '"^'k^ 
distributees ;  such  appraisers  and  partitioners  being  first  sworn  to 
the  faithful  and  impartial  discharge  of  their  duty  as  such;  if  only  Partial  di- 

,,■■,..,  ,  -IT  1  •  vision. 

a  portion  oi  the  distributees,  or  legatees,  are  entitled  at  the  time 
fo  the  possession  of  their  portion  of  the  property,  their  shares 
may  be  set  apart  as  aforesaid,  and  the  remainder  be  left  in  com- 
mon stock  for  future  distribution.  ;  .     '.-.A.^oi* 

§  25tti.  The  return  of  the  division  and  partition  thus  made,  Retura. 
shall  be  in  writhig,  signed  by  the  appraisers,  and  any  party  in     ,,,<!Mvja 
interest  may  file  objections  to  such  return  before  it  is  made  the  '"* 

judgment  of  the  Court  of  Ordinary.     If  such  objections  be  sus- 
tained, the  Ordinary  shall  order  a  new  division  Ijy  the  same  or       '   .  .]i 
other  partitions.  ' 

§  2545.  In  all  cases  of  distribution  in  kind,  the  administrator.  Refunding 
before  delivering  up  the  property,  may  demand  of  each  distribu-*^""''- 
tee,  or  his  guardian,  bond  and  security,  to  refund  his  proportion- 
able part  of  any  debt  which  may  be  afterwards  established  against 
the  estate,  and  the  costs  attending  the  recovery  thereof. 

§2540.  In  every  partition  or  division  of  the  estate  of  an  intes- ^jj,,^  may 
tate,  the  widow,  if  any,  shall  be  allowed  to  select  her  portion  or  ®®^'"^'- 
share  of  the  negroes,  the  same  being  fairly  appraised,  and  not  ex- 
ceeding her  distributive  share  beyond  her  interest  in  the  balance         lobn* 
of  the  estate.  "'"^^' 


SECTION  VIII. 

OF  COMMISSIONS  AND  EXTRA  COMPENSATION. 

Section.  Section. 

2547.  Ordinarj'  connnission?.  ]   2552,   Extra  compensation. 

2548.  On  interest  made.  '   2558.  No  fund  sliall  pay  commissions,  &c. 

2549.  No  commissions  on  payments,  &o.  j   2554.  Forfeiture  of  commissions. 

2550.  None  for  delivering  property,  <tc.       2555.  E.'cpense  pf  agents. 

2551.  Traveling  and  other  expenses.         | 


48^  PT.  2.— TIT.  6.— CHAP.  3.— ART.  2.— Title,  &o. 


Section  8. — Of  Commission  and  Extra  Compensation. 


Ordinary  8  2547.  As  a  Compensation  for  his  sendees,  the  administrator 
shall  have  a  commission  of  two  and  one-half  jf?^/*  cent,  on  all  sums 
of  money  received  by  him  on  account  of  the  estate,  (except  mon- 
ey loaned  by  him  and  repaid  to  him,)  and  a  like  commission  on 
all  sums  paid  out  by  him,  eitlier  to  debts,  legacies  or  distributees. 
Such  commissions  are  part  of  tlie  expense  of  administration,  and 
should  be  paid  from  the  general  estate,  if  any.  If  none,  tlien  to 
be  deducted  from  the  debt  or  legacy  paid. 

On  interest  §2548.  If  in  the  course  of  administration  the  administrator 
shall  receive  interest  on  money  loaned  by  the  intestate,  or  by  him- 
self as  administrator,  and  shall  return  the  same  to  the  Ordinary 
so  as  to  become  chargeable  therewith  as  a  part  of  the  corpus  of 
the  estate,  he  shall  be  entitled  to  ten  per  cent,  additional  com- 
mission on  all  such  amounts  of  interest  made. 

No  commis-      S  2549.  The  administrator  is  entitled  to  no  commissions  on 

Bions,  &c 

debts,  legacies  or  distributive  shares  paid  to  himself,  and  if  there 


are  more  than  one  administrator,  the  di\nsion  of  the  commissions 
^j^Bions,    allowed  them,  among  themselves,  shall  be  according  to  the  servi- 
ces rendered  by  each. 
None  for  d«-      S  2550.  No  commissious  shall  be  paid  to  aiiv  administrator  or 

livering  pro-  .  i  , 

portyin  exccutor  for  delivering  over  of  any  proi)erty  in  kind.  But  the 
Ordinary  may  allow  reasonable  compensation  for  such  service, 
not  exceeding  three  per  cent,  on  tlie  appraised  value.  If  however, 
land  and  negroes  are  worked  together  by  any  trustee  for  the  ben- 
efit of  the  parties  in  interest,  or  negroes  are  hired  out  from  year 
to  year  from  the  same  cause,  the  Ordinary  may,  in  his  discretion, 
allow  to  such  trustee  additional  compensation  for  such  services  ; 
in  no  case  exceeding  ten  jyer  cent,  of  the  annual  income  of  the 
property  so  managed. 

Traveling         8  2551.  All  administrator  in  the  discharire  of  his  diitv,  required 

and  other  ^  ^      ^  ^  .   '         i. 

expenses,  to  travel  out  of  liis  county,  shall  be  allowed  the  amounts  of  his 
actual  disbursements,  to  be  ascertained  by  his  own  statements 
under  oath.  The  Ordinary  may  also  allow  him  a  reasonable  com- 
pensation for  the  time  devoted  to  this  service  ;  Provided.,  under 
the  circumstances,  the  Ordinary  adjudges  such  additional  com- 
pensation a  proper  charge  against  the  estate. 

Extra  com-  §2552.  In  otlicr  cages  of  extraordinary  ser\aces,  extra  compen- 
sation may  be  allowed  by  the  Ordinary.  But  in  no  case  is  the 
allowance  of  e:ttra  compensation  by  the  Ordinary  conclusive  upon 
the  parties  in  interest. 


PT.  2.-TIT.  C— CHAP.  :i-AET.  2.-Title,  &c.  489 


Section  8. — Of  Commission  and  Extra  Compensation. 


§  2553.  "Where  from  any  cause  a  trust  fimd  shall  pass  through  No  fond 
the  hands  of  several  administrators  or  otlier  trustees,  by  reason  of  Smmdons 
the  death,  removal,  resignation  or  otherwise  of  the  first  qualified  ^"^ ''°*"' 
trustee,  such  fund,  shall  not  be  subject  to  diminution  by  charges 
of  commissions  by  each  successive  trustee  holding  and  receiving 
in  the  same  right ;  but  commissions  for  receiving  the  fund  shafl 
be  paid  to  the  first  trustee  or  his  representative,  and  commissions 
for  paying  out,  shall  be  paid  to  the  trustee  actually  disbursing 
the  fund,  and  no  commission  shall  be  paid  for  handing  over  tlie 
fund  to  the  successor  of  a  trustee. 

§  2554.  Admistrators  and  other  trustees  failing  to  make  annual  r.  _, ..      . 

vof  1  •      1     /«  •  •*  orfeiture  of 

leturns  as  Jierein  before  requn-ed,  sliall  forfeit  all  commissions  for '"'™™'»»'<"'« 
transactions  during  the  year  within  Mhicli  no  return  is  made,  un- 
less the  Ordinary,  upon  cause  shown,  shall,  by  special  order  on 
the  minutes,  relieve  them  from  this  forfeiture." 

§2555.  Among  the  expenses  of  administration,  should  l)e  in-ExpenBeof 
eluded  and  allowed  the  expenses  of  such  agents  as  the  adminis- '^'""'• 
trator  finds  it  necessary  to  employ  for  the  estate.     The  existence 
of  tlie  necessity  must  be  satisfactorilv  shown  to  the  Ordinarv. 


SECTION  IX. 

OF  FIXAL  SETTLEMENTS  AND  RECEIPTS. 
'^^CTiox.  i  Section-. 

2556.  Settlement  before  tlie  Ordinary.      |  2560.  How  aud  ^^•hen  conipoundod. 

2557.  How  made.  2561.  Final  receipts  may  be  recorded. 

2558.  Settlement  in  Court  of  Equity.        j   2562.  Refunding  Bonds,  when  to  be  given. 

2559.  Rule  for  charging  interest. 

§2556.  Any  person  interested  as  distributee  or  legatee,  may  Hcttiement 
atter  the  expiration  of  one  year  from  the  grant  of  administration,  Snary'*^ 
cite  the  administrator  to  appear  before  the  Ordinary  for  a  settle- 
ment of  his  accounts,  or  if  the  administrator  chooses,  he  mav 
cite  all  of  the  distributees,  to  be  present  at  the  settlement  of  his 
accounts  by  the  Ordinary;  such  settlement  shall  be  conclusive 
upon  the  administrator,  and  upon  all  the  distributees,  who  arc 
present  at  the  hearing. 

§2557.  Upon    proof  of  such  citation,   by  a    distributee,  thenow.ado 
Ordinary  may  proceed  to  make  an  account,  hear  evidence  upon  ?f  «'^''- 
any  contested  question,  and  settle  finally',  between  the  distributee 
and  administrator;  such  settlement  mav  ])e  enforced  bv  execu- 


490  PT.  2.— TIT.  0.— CHAP.  3.— ART.  2.— Title,  &g. 


Section  9. — Of  Final  Settlements  and  Receipts. 


Appeal.       tion  or  attachment,  for  contempt,  eitlier  party  liaving  the  liberty 

of  appeal. 
Settlement       §2558.   A  Court  of  Eciuity,  sliall  luivc  concnrrent  iurisdiction,. 

in  Conrt  ot  "  i       .y  ■>  j  » 

Equity.       ovcr  tlic  Settlement  of  accounts  of  administrators. 

Bniefor  §2559.  Ill  iiiakino;  such  settlements  a    reasonable  time,    ac- 

caarging  in-       ^  o  ?        ~ 

urest.  cording  to  the  facts  of  each  case,  should  be  allowed  to  the  trustee 
to  invest  funds  coming  into  his  hands,  before  charging  him  with 
interest  thereon,  and  in  like  manner,  disbursements  made  by  the 
trustee,  should  as  a  general  rule,  bear  interest  from  some  period 
anterior  to  the  date  of  payment,  according  as  he  may  have  retained 
funds  to  meet  them.  In  every  case,  the  object  is  to  charge  the 
trustee  with  such  interest  as  a  diligent  man  would  make,  and 
to  see  that  the  trust  fund  is  not  used  for  his  private  benelit. 

How  anil         §25G0.  The  interest  to  be  cliarged  against  trustees,  appointed 

pounded,  sincc  Ist  January,  IStiS,  and  hereafter  appointed,  shall  be  at  the 
rate  of  seven  per  cent,  per  annum,  M'ithout  compounding,  for 
six  years  from  the  date  of  their  qualilication,  and  after  that  time^ 
at  the  rate  of  six  per  cent,  per  annum,  annually  compounded. 
But  any  trustee,  may  relieve  himself  from  this  rule  by  return- 
ing annually,  the  interest  actually  made  and  accounting  for  the 
balance  of  the  fund.  And  any  distributee,  may  recover  greater 
interest,  by  showing  that  the  trustee  actually  received  more,  or 
that  he  used  the  funds  himself  to  greater  proht. 

Finaireceipt     §2501.  The  final  receipts  Oil  settlements  given  by  distributees 

may  be  re-  ,  -,      .     .  .  ,  ,  *" ,  ,-     i  n 

corded.  or  legatees  to  an  administrator,  it  attested  l)y  a  Judge  oi  any 
Court  in  this  State,  a  Justice  of  the  Peace  or  a  Xotary  Public, 
may  be  admitted  to  record  by  tlie  Clerk  of  the  Superior  Court 
of  the  county  of  the  residence  of  the  administrator,  and  when 
recorded,  shall  be  admitted  in  evidence,  without  further  proof, 
and  in  case  of  the  loss  of  the  original,  a  copy  may  be  used  in 
evidence,  under  the  same  rules  as  copies  of  registered  deeds. 
Refunding  §  25G2.  Au  administrator,  where  litigation  against  the  estate 
to  be  given.  Is  pending  or  is  threatened,  or  notice  of  a  claim  has  been  given 
to  him,  may  demand  of  the  distributees  or  legatees,  refunding 
bonds  to  indemnify  him  against  such  claims,  and  on  failure  to 
give  such  bonds,  the  administrator  may  reserve  enough  of  the 
assets  to  respond  to  such  claims ;  but  in  no  case,  shall  the  admin- 
istrator require  a  refunding  bond  from  the  heir,  when  no  threat- 
ened suit  or  claim  renders  such  bond  necessary. 


PT.  2.— TIT.  6.— CHAP.  3.— ART.  2.— Title,  c\rc.  491 


Section  10. — Of  Letters  of  Dismission  and  Resip:nation. 


SECTIOXX. 

OF  LETTERS  OF  DISMISSION  AXD  RESIGNATION. 

Section.  iSeCtiox. 

2563.  Dismission,  how  granted.  2566  Disposition  of  unclaimed  funds. 

2664.  Duty  of  Ordinary.  25G7.  Rej^nstratioix— liow  made. 
2565..  Fraudulent  discharge. 

§  2563.  An  administrator,  who  has  fully  dischar<i;ed  all  his  du-  Dismission 

*^  '  ,         T^   1  •         ^   •       —how  grant- 

ties,  may  petition  the  Ordniary  to  pass  an  order  discharging  Inm  e<\. 

from  his  trust;  npon  such  petition  a  citation  shall  issue,  requiring 

all  persons  concerned  to  show  cause,  against  the  granting  of  the 

discharge.     Sueli  citation  shall  lie  published  in  the  gazette  for 

six  months. 

§2564.  Upon  the  hearing,  the  Ordinary  shall  examine  closely  Duty  of 
into  the  condition  of  the  estate,  and  the  conduct  of  tlie  adminis- 
trator, and  if  he  shall  he  satisfied  that  he  has  faithfully  and 
honestly  discharged  the  trust  and  confidence  reposed  in  him,  the 
prayer  of  the  petitioner  shall  be  granted,  and  the  administrator 
released  from  all  liability  as  such  ;  Provided,  any  heir,  distrib-  f^f^^^^^ot 
utee,  or  legatee,  who  is  a  minor  at  the  time  of  the  discharge,  '°'°'""*- 
may,  within  five  years  after  his  arrival  at  majority,  commence 
suit  against  the  administrator,   and  sucli  discharge  shall  be  no 
bar  to  his  action. 

§  2565.  A  discharge  obtained  by  the  administrator,  by  means  of  Fraudulent 
any  fraud  practiced  on  the  heirs  or  the  Ordinary,  is  void,  and  may  '^*^  °'^^^' 
be  set  aside  on  motion,  and  proof  of  the  fraud.     IS"©  discharge  Examina- 

■  J-  ~     tion  by  Or- 

should  be  granted  without  actual  examination  by  the  Ordinaiy  <ii°'i''y. 
and  the  order  of  discharge  should  assert  sucli  examination   into 
the  accounts  of  the  administrator. 

§  2566.  If  funds  are  in  the  hands  of  the  administrator,  and  no  Disposition 

1    •      •  1  T        /-\     T  11  of  unclaimed 

person  claiming  tlie  same,  the  Ordinary  may  nevertheless  grant  funds, 
a  discharge,  at  the  same  time  passing  an  order  either  requiring 
the  administrator  to  deposit  the  fund  in  such  solvent  bank  as  the 
court  may  direct,  or  else  authorizing  him  to  retain  the  same  in 
his  hands  at  an  interest  not  exceeding  four  per  cent,  per  annum. 
Tlie  discharge  shall  not  take  eftect  until  the  money  is  deposited, 
or  ill  the  event  of  its  being  retained  by  the  administrator,  it  shall 
not  relieve  him  or  ]ns  sureties  from  their  liability  to  comply  witli 
such  order  and  respond  for  sucli  fund. 

§2567.  Any  administrator,  who  from  age,  infirmitv,  removal  Resignatioa 
troni  tJie  county,  or  lor  any  other  cause,  desires  to  resign  his  made. 


492  PT.  2.— TIT.  6.— CHAP.  3.— ART.  2.— Title,  &c. 


Section  10. — Of  Letters  of  Dismission  and  Resignation. 


tmst,  may  petition  the  Ordinary,  stating  the  reasons  and  the 
name  of  a  suitable  person  qualified  and  entitled  to,  and  willing 
to  accept  the  trust;  whereupon,  the  Ordinary  shall  cite  such  per- 
son, and  the  next  of  kin  of  the  intestate,  to  appear  and  show  cause 
why  the  order  should  not  be  granted.  If  no  good  cause  be  shown, 
and  the  Ordinary  is  satisfied  that  the  interest  of  the  estate  will 
not  suflPer,  the  resignation  shall  be  allowed,  and  the  administra- 
tor shall  be  discharged  from  his  trust  whenever  he  has  fairly  set- 
tled his  accounts  with  his  successor  and  tiled  with  the  <  )j*dinary 
Exception  in  the  receipt  in  full  of  such  successor.  Minors  in  interest  shall  be 
Mm  *'*^ "'"  aUowed  five  years  from  the  time  of  their  arrival  at  majority 
to  examine  into  and  open  such  settlement. 


SECTION  XI. 
OF  removinOt  procekdings  to  anothkr  ooonty. 

Section.  j  Section. 

2568.  Proceediu}^  to  obtain  order.  ;   2570.  Snretie.s — liow  li:il>le 

2560.  Executor  need  not  fi;ivc  bond. 

rroceodings      §  2568.  Whenever  from  a  change  of  residence  or  other  cause 

to  obtain  or-  ^^^  administrator  may  desire  to  remove  the  jurisdiction  of  his 

trust  from  the  Court  of  Ordinary  of  the  county  of  the  residence 

of  testator  or  intestate  to  that  of  his  own  residence,  the  same 

may  be  done  by  complying  with  the  following  requisitions  : 

1.  By  obtaining  a  copy  of  all  the  records  of  the  Ordinary  rel- 
ative to  his  trust,  and  causing  the  same  to  be  recorded  by  the 
Ordinary  of  the  county  of  his  residence. 

2.  P)y  giving  to  the  Ordinary  of  his  county  new  bond  with 
good  security  for  the  discharge  of  his  duty  as  administrator  in 
the  same  manner  as  if  the  administration  was  originally  granted 
there. 

3.  By  filing  with  the  Ordinary  of  the  county  having  original 
jurisdiction,  a  certificate,  under  the  seal  of  the  Ordinary  of  the 
county  to  which  the  trust  is  to  be  removed,  that  the  foregoing 
pro^^sions  have  been  complied  with. 

4.  The  Ordinary  having  jurisdiction  shall  then  pass  an  order 
transferring  the  trust  to  the  Ordinary  of  the  other  county, 

EsecutM         §  2569.  An  executor  who  has  not  been  required  to  give  bond 
?i*vebond.    shall  not  be  required  to  give  bond  on  removal  of  his  trust  to 
another  county. 


I 


PT.  2— TIT.  6.-CHAP.  3.-AKT.  2.-Title,  &c.  493 

Section  11.— Of  Removing  Proceedings  to  another  county.  ' 

§  2570.  On  removal  of  an  administration  as  herein  provided,  snreues- 
the  sureties  on  the  first  bond  are  liable  only  for  the  conduct  of'""'^  """''• 
the  administrator  up  to  the  time  of  removal ;  the  sureties  on  the 
second  bond  are  liable  for  all  his  acts  from  the  commencement 
of  the  administration.  If  the  latter  are  made  responsible  for 
acts  prior  to  the  removal,  they  have  u  right  of  contribution 
against  the  former. 


SECTION  XU. 

OF  FOREGIN  ADMINISTRATORS. 


Section. 

2571.  PrivUeges  in  this  Stat*^. 

2572.  Exemplification. 


Section. 

2573.  Protection  of  heir,  &c. 

2574.  Transfer  of  stock,  &<:. 


^  2571.  When  a  person  at  the  time  of  his  death  is  domiciled  ^j^., 
m  another  State,  and  administration  is  there  regularly  granted  "'"s^'stete. 
on  his  estate,  either  to  an  executor  or  administrator,  such  execu- 
tor or  administrator,  if  there  be  none  appointed  in  this  State 
may  mstitute  his  suit  in  any  court  of  this  State  to  enforce  any 
right  of  action,  or  recover  any  property  belonging  to  the  deceased, 
or  accrumg  to  his  legal  representative  as  such. 

§  2572.  Pending  the  action,  a  properly  authenticated  exempli- ^^e.^iifl 
hcation  of  the  letters  testamentary  or  of  administration  shall  be  ^^"""^ 
filed  with  the  Clerk  of  the  Court,  to  become  a  part  of  the  record ; 
Provided^  the  cause  is  pending  in  a  court  of  record      If  it  be 
a  summary  process,  the  exemplification  shall  be  filed  with  the 
papers. 

§  2573.  If  any  citizen  of  this  State  is  interested  as  creditor 
keir  or  legatee  in  the  estate  of  which  such  administrator  or  execN"^^^" ' 
tor  IS  the  representative,  he  may,  by  application  to  a  Court  of 
Muity,  compel  such  foreign  executor  or  administrator  to  protect 
his  interest  according  to  equity  and  good  conscience  before  re- 
moving such  assets  beyond  the  limits  of  this  State. 

§2574.  Such  foreign  executor  or  administrator  may  transfer.      . 
hank  stock  standing  in  the  name  of  the  decedent  and  check  for^-"^^^*^" 
deposits  made  by  him,  or  dividends  declared  on  his  stock  first 
filing  with  the  bank  a  certified  copy  of  his  appointment  and 
qualification. 


i 


•%4  '^'^  FT.  2.— TIT.  6.— Title,  &c. 


Chapter  4. — Of  Title  by  Judicial  Sale. 


CHAPTER  lY. 

OF  TITLE  BY  JUDICIAL  SALK. 

Section.  Section. 

2j75.  EfTccts  in  passing  title.  I  2580.  Puttiti)?  purcha-^er  in  possesfiidn. 


2576.  Orijrinal  tHle.  '  '-n  '  •[  2581,  Seizure  of  pensonalty. 

2577.  Note  ill  writing  unnecessary.  2582.  Sale  of  stocks. 

2578.  Cai'cat  Emptor.  \  2583.  Titles  made  by  successorfl. 

2579.  Covenants  running  with  laud.         '  2.'')S4.  Purchaser  need  not  trace  funds. 

Kftoctsin  §2575.  A  sale  regularly  made,  by  virtue  of  Judicial  process, 
'"'"'"^^'"'' issuing  Iruin  a  court  of  competent  jurisdicti(>ii,  bhull  convey  the 
title  as  eti'ectually  as  if  the  sale  was  made  by  the  person  against 
whom  the  process  issues. 
Original  li-  ^  2570.  Ju  all  coutroversics  in  tlie  court*?  of  this  State,  the 
*''^'  purchaser  at  such  a  sale  shall  n<>t  be  required  to  show  title  deeds 

back  of  his  purchaisc,  unless  it  be  necessary  for  liii?  ca!*e,  to  show 
good  title  in  the  person  whose  interest  he  purchased. 
Note  In  wii-      §  2577.  Xo  uotc  or  memorandum  in  writinf?  sliall  be  necessary 
cewwy."'"    to  charge  any  purchaser  at  a  Judicial  sab  . 

<\treat  §257*^.  The  purchaser  must   look  for  i.;.ii-<  ii  ;i>  to  the  title 

<!mj,tor.       ^^^^^  soundness  of  all  property  sold  under  Judicial  ])rocess.     Ac- 
rrau.i.        tuiil   fraud  or  misrepresentation  by  the  officer  or  his  agent  may 
warmntv     bind  him  personally.     Xo  covenant  of  warranty  binds  him  in- 
dividnallv,  unh':«s  made  with  tliat  intention  and  for  a  valualde 
consideration. 
Covenants        ^2570.  Tlic  purcluiscr  at  .Judicial  sales  may  enforce  any  cove- 
wuinM.!.    nants  of  warranty  running  with  the  land,  which  may  be  incor- 
porated in  the  previous  title  deeds, 
vuttinp  >ui-      §  25S(>.  AVhenever  a  present  interest  in  land  is  sold  by  any 
possessioL.    Judicial  c»fficer  it  shall  be  his  duty  to  place  the  purchaser  or  his 
a»'-ent  in  possession  of  the  land,  and  to  this  end  he  may  dispos- 
sess the  defendant  in  the  process,  his  heirs  and  his  tenants,  or 
his  lessees  or  vendees  of  younger  date  than   the  judgment  upon 
which  the  process  issues,  but  he  may  not  dispossess  other  tenants 
claiming  under  an  independent  title. 
Seizure  of        §  25S1.  To  autlioriz^  a  sale  of  personal  property  there  must  be 
personalty.  ^^  act^tal  or  coii^^ru'ctive  $^iztir6.     A  future  interest  fn  jMergon- 
Lion  onfu^  alty  camio^' '  be'seized '  And  ^old,  tjrit  th6  fiein  of  judgmerit^'t^-ill 
uii^  inter-    ^^^^f,\^  thcreto,  SO  far  as  to  prevent  alienation,  before' thfe  rf^t  to 
present  possession  accrues. 


FT.  2.— TIT.  f;.— TiTLK.  c^'c.  495 

Cliapter  4.'-^f  Tif!e  hy  .Tndldal  Sale. 
S  25S2.  Shares  in  a  batikj  or  other  oon>oratioii,  may  be  levied  saie  of 

c         -  '  /./•.!  Stocks. 

•on  and  sold,  either  under  attachment  or  ji.  fa.,  m  the  county 
where  the  corporation  does  busine?? ;  notice  of  such  levy  being 
2;iven  to  the  defendant,  if  his  residence  be  known,  and  also  to 
the  officers  of  the  corporation;  such  sales  shall  be  made  only  by 
the  Sheriff,  or  his  deputy,  and  constables  levying  thereon,  shall 
turn  over  such  levies  to  the  Sherifl'.  Only  one  share  shall  be 
sold  at  once.  The  Sheriff  ^hall  pre  the  purchaser  a  certificate 
of  his  ]uirchase,  which,  on  presentation  to  the  officers  of  the 
corporation,  shall  authorize  a  transfer  of  the  stock  to  him.  Trans- 
fers of  stock  after  levy  of  an  attachment,  or  after  judgment,  and 
with  notice  to  the  corporation  of  the  levy  or  judgment,  are  ab- 
solutely void.  If  the  shares  be  in  a  railroad,  canal,  turnpike,  or 
plank  road  company,  they  may  be  levied  on  and  sold  in  any 
county  through  which  the  same  passes. 

§  2583.  If  a  Sheriff  fails  to  make  titles  to  a  purcliascr,  his  sue- -j-itips  made 
-cessor  in  office  may  make  them  in  tlie  same  manner  as  if  he  hadgjr.*'^''"*" 
€old  the  property. 

§2584.  The  purchaser  at  Ju<licial,  sales  is  not  bound  to  look  purchaser 
to  the  appropriation  of  the  proceeds  of  the  sale,  nor  to  the  re- tn,ce  funds. 
turns  made  by  the  officer,  nor  is  he  required  to  see  that  the  offi- 
cer has  complied  fully  with  all  those  regulations  prescribed  in 
such  cases.  All  such  irregularities  create  cpiestions  and  liabilities 
between  the  officer  and  parties  interested  in  the  sale.  The  inno- 
cent purchaser  ig  bound  only  to  see  that  the  officer  has  compe- 
tent authority  to  sell,  and  that  lie  is  apparently  proceeding  to 
''  sell  under  the  prescril3ed  forms. 


..(IW 
hmrA 


'fji«[iii  .,^i  'jjij  ni  biiK  .viiKq  ififlio  )tl1  '>vi*-> 


496  PT.  2.— TIT.  6.— CHAP.  5.— Title,  <fec. 


Article  1. — Of  Private  Sales. 


CHAPTER  V. 

UF  TITLE  BY  PONTRACT. 

Artiolk  1.  <  H'  private  sales. 
Article  2.  ( >f  gifts. 


ARTICLE  I. 

OF  TRIVATK  SALES. 

Sbotion.  Sbction. 

2585.  F.ssentiab  of  sale.  ;   2600.  Delivery  of  goods. 

2586.  Sales  by  auction.  ;  2601.  Sales  of  articles  being  mamifactured 

2587.  Sales  to  defraud  creditors.  &c.  2602.  Consideration. 
2688.  Protection  of  bojiajide  purcliascr.  '  260.1.  Inadequacy. 

2589.  Duress  or  fraud.  2604.  When  due. 

2590.  What  is  fraud.  2605.  Stoppage  in  transitu. 

2591.  Concealment  when  fraud.  2606.  Purchaser  without  notice. 

2592.  Mistake.  2607.  Implied  warranty. 

2593.  Duress.  2608.  Breach. 

2594.  Possibility  cannot  be  Hold.  2009.  Good  faith. 

2595.  Title  conveyed.  2610.  Vices  of  slaves. 

2596.  Purchaser  without  notice.  2611.  Defects  generally. 

2697.  Contracts  entire  or  divisible.  2612.  Patent  defects. 

2698.  Deficiency  in  sale  of  lands.  2613.  Barter  and  exchange. 
2599.  Loss  of  land  from  defect  of  title. 

■aaentiaisof     §2585,  Three  elements  are  essential  to  a  contract  of  sale :  1. 

***'  An  identification  of  the  thing  sold,     2.  An  agreement  as  to  the 

price  to  he  paid.     3,  Consent  of  the  parties. 

Bales  bv  §  258G.  In  case  of  sales  hy  auction,  the  auctioneer  shall  be 

an.tion:  (.onsidcred  agent  of  both  parties,  so  far  as  to  dispense  with  anj 
further  memorandum  in  writing  than  his  own  entries. 

Sales  to  de-      §2587,  Evcrj  Sale  uiadc  with  intent  to  defraud  either  credi- 

[^8 Vpnr-  tors  of  the  vendor  or  prior  or  subsequent  purchasers,  if  such  in- 
tention be  known  to  the  vendee,  shall  be  absolutely  void  as 
ao-ainst  such  creditors  or  purchasers. 

§2588,  Every  voluntary  deed  or  convevance  made   by  any 

"uS'ef^*  person,  shall  be  void  as  against  subsequent  bofia  fide  purchaser 
for  value,  without  notice  of  such  voluntary  conveyance. 

§  2589.  Fraud  or  duress,  by  which  the  consent  of  a  party  has 

Duress  oro  i-iii 

fraud.  Xvtiiw  obtained  to  a  contract  of  sale,  voids  the  sale, 

™  §2590,  Fraud   mav   exist  from   misrepresentation    by  either 

what  IS  o  •  -^ 

'^"^  party,  made  with  design  to  deceive,  or  which  does  actually  de- 
ceive the  other  party,  and  in  the  latter  case  such  misrepresenta- 


«ba«er. 


Protection 


PT.  2.— TIT.  0.— CHAP.  5.— Title,  ifec.  497 


Article  1. — Of  Private  Sale. 


tion  voids  the  sale,  though  the  party  making  it  was  not  aware 
that  his  statement  was  false.  Such  misrepresentation  may  be 
perpetrated  by  acts  as  well  as  words,  and  In-  any  artifices  de- 
signed to  mislead.  A  misrepresentation,  not  acted  on,  is  not 
ground  for  annulling  a  contract. 

§2591.  Concealment  of  material  facts  may,  in   itself,  amount  coneeai- 

'-  '  ment — when 

to  a  fraud —  frau'i- 

1.  "When  direct  inquiry  is  made  and  the  truth  evaded. 

2.  When,  from  any  reason,  one  party  has  a  right  to  expect  a 
full  communication  of  the  facts  from  tlie  other. 

3.  Where  one  party  knows  that  the  other  is  laboring  under  a 
delusion  with  respect  to  tlie  property  sold  or  the  condition  of 
the  other  party,  and  yet  keeps  silence. 

4.  Where  the  concealment  is  of  intrinsic  qualities  of  the  ar- 
ticle which  the  other  })arty,  by  the  exercise  of  ordinary  prudence 
and  caution,  could  not  discover. 

§  2592.  Mistake  of  law,  if  not  brought  about  by  the  other  Mistake. 
party,  is  no  ground  for  annulling  a  contract  of  sale.     Mistake  of 
a  material  fact  may,  in  some  cases,  justify  a  rescission  of  the  con- 
tract ;  mere  ignorance  of  a  fact  will  not. 

§  2593.  Duress  consists  in  any  illegal  imprisonment  or  legal  Duress, 
imprisonment  used  for  an  illegal  pur])ose,  or  tlireats  of  bodily  or 
other  harm,  or  other  means  amounting  to  or  tending  to  coerce 
the  will  of  another,  and  actually  inducing  him  to  do  an  act  con- 
trary to  his  free  will. 

§  2594.  A  bare  contingency  or  possibility  cannot  be  the  sub-  Possibility 
ject  of  a  sale,  unless  there  exists  a  present  right  in  the  person  Im!"^  ^"^ 
selling,  to  a  future  benefit ;  so  a  contract  for  the  sale  of  goods  to 
be  delivered  at  a  future  day  where  both  parties  are  aware  that 
the  seller  expects  to  purchase  himself  to  fulfill  his  contract,  and  specuiatiDg 
no  skill  and  labor  or  expense  enters  into  the  consideration,  but  *'"'°^'"*'''' 
the  same  is  a  pure  speculation  upon  chances,  is  contrary  to  the 
policy  of  the  law,  and  can  be  enforced  by  neither  party. 

§2595.  The  seller  can  convey  no  greater  title  than  he  has  Title  con- 
himself.     The  honajide  purchaser  of  a  negotiable  paper  not  dis-  ^''^^^' 
honored,  or  of  money,  or  bank  bills,  or  other  recognized  currency 
will  be  protected  in  his  title,  though  the  seller  liad  none.     There 
is  no  "  market  overt"  in  Georgia.  ^^Ivt 

§2596.  A  title  obtained  by  fraud,  though  voidable  in  the  ven- Purchaser 
dee,  will  be  protected  in  a  lonajkU  purchaser  witliout  notice 


without  no- 
tice. 


32 


498  FT.  2.— TIT.  6.— CHAP.  5.— Title,  &c. 

Article  1.— Of  Private  Sales. 

Contracts         §2597.  TliG  conti'act  of  sale  may  be  entire  or  divisible.     If  en- 
visibic.       tire,  a  failure  in  part  voids  the  whole.     If  divisible,  the  void- 
ance  is  only  in  proportion  and  to  the  extent  of  the  failure.     The 
intention  of  the  parties  determines  tlie  question  of  entirety  or  di- 
visibility. 
Deflcienoy        R  2598.  In  a  sale  of  lands,  if  the  inirchase  is  per  acre,  a  deli- 

in  sale  of  "^  ,  '  \  .      -^    ,    .  '  . 

landa.         cieucy  lu  tlio  numbor  ot  acres  may  be  apportioned  m  the  price. 
If  the  sale  is  by  the  tract  or  entire  body,   a  deficiency  in  the 
quantity  sold  cannot  be  apportioned.     Iftlie  quantity  is  speci- 
fied, as  "  more  or  less,"  this  qualification  will  cover  any  defi- 
ciency not  so  gross  as  to  justify  the  suspicion  of  -willful  decep- 
tion, or  mistake  amounting  to  fraud ;  in  this  event  the  deficiency 
is  apportionable  ;  the  purchaser  may  demand  a  rescission  of  the 
sale  or  an  apportionment  of  tlie  price  according  to  relative  value. 
Purchaser        §  2599.  If  the  purcliascr  loses  part  of  the  land  from  defect  of 
losing  an.,  ^-^jg^  j^^  j^^^^,  claiui  citlicr  a  rescission  of  the  entire  contract,  or  a 
reduction  of  the  price  according  to  the  relative  value  of  the  land 
so  lost. 
Derivoryof      §2600.  Gcncralh',  the  delivery  of  goods  is  essential  to  the  per- 
^°°  *"        fection  of  a  sale.     The  intention  of  tlie  parties  to  the  contract 
ma}"  dispense  therewith ;  delivery  need  not  be  actual ;  construc- 
tive delivery  maj'^  be  inferred  from  a  variety  of  facts ;  until  de- 
livery is  made  or  dispensed  Avith,  the  goods  are  at  the  risk  of  the 
seller. 
Sales  of  ar-       §2001.  Whcu  the  salc  is  of  goods  to  be  manufactured  and  de- 
manufac- "  livcred  at  a  future  time,  the  question  of  risk  will  depend  upon 
the  fact  to  be  ascertained  in  each  case,  whether  the  parties  stip- 
ulate for  a  particular  article  in  course  of  construction,  or  an  ar- 
ticle filling  the  specification  of  the  contract.     In  the  former  case 
the  title  passes  to  the  vendee  before  delivery:  in  the  latter  it 
does  not. 
considei-a-        §  2'302.  A  Valuable  consideration  is  essential  to  a  sale ;  it  must 
^'*'°-  either  be  definite  or  an  agreement  made  by  which  it  can  be  made 

certain ;  if  its  ascertainment  becomes  impossible,  there  is  no  sale. 
Inadequacy.  §  2603.  Inadequacy  of  price  i§  no  ground  for  rescission  of  a 
contract  of  sale,  unless  it  is  so  gross  as  combined  with  other  cir- 
cumstances to  amount  to  a  fraud. 
Whan  due.  §  2604.  Uulcss  Credit  is  specifically  agreed  on  or  is  the  custom 
of  the  trade,  the  purchase  money  is  due  immediately,  and  the 
seller  may  demand  payment  before  delivering  the  goods. 


FT.  2.— TIT.  6.— CHAP.  5.— Title,  &c.  499 

Article  1. — Of  Private  Sales. 

§  2605.  If  the  goods  are  delivered  before  tlie  price  is  paid  the  stoppage  m 
seller  cannot  retake  because  of  failure  to  pay ;  but  until  actual 
receipt  by  the  purchaser  the  seller  may  at  any  time  arrest  them 
on  the  way  and  retain  them  until  the  price  is  paid.  If  credit 
has  been  agreed  to  be  given,  but  the  insolvency  of  the  purchaser 
is  made  known  to  the  seller,  he  may  still  exercise  the  right  of 
stoppage  hi  transitu. 

§2006.  A  hona  fide  assignee  of  the  bill  of  lading  of  goods  for  purchaser 
a  valuable  consideration  and  without  notice  that  the  same  Avere  tlw^""*  °"" 
unpaid  for,  and  the  purchaser  insolvent,  will  l)e  protected  in  his 
title  against  the  seller's  right  of  stoj^page  in  transitu. 

§  2007.  If  tliere  is  no  express  covenant  of  warranty,  the  pur-  implied 
■chaser  must  exercise  caution  iu  detecting  defects  ;  the  seller  how-  ^^''^'^^  ^' 
ever,  hi  all  cases  (unless  expressly,  or  from  the  nature  of  the 
transaction  excepted,)  warrants — 

1.  That  he  has  a  valid  title  and  right  to  sell. 

2.  That  the  article  sold  is  merchantable  and  reasonably  suited 
to  the  iise  intended. 

3.  That  he  knows  of  no  latent  defects  undisclosed. 

§  260S.  A  breach  of  warranty,  express  or  implied,  does  not  an-  Breach, 
nul  the  sale  if  executed,  but  gives  the  purchaser  a  right  to  dam- 
ages.    It  may  l:)e  pleaded  in  abatement  of  the  purchase  money. 
If  the  sale  be  executorv,  it  is  a  good  reason  for  the  purchaser  to 

,  f  >  o  X  E8ect  of. 

retuse  to  accept  possessuui  ot  the  goods. 

§2600.  Covenants  of  warranty  should  be  so  construed  as  to  Good  faith, 
require  and  encourage  the  utmost  good  faith  in  all  contracting 
parties. 

^2610.  Vices  of  character  in  a  slave,  which  if  known,  would  T''"-^' ''^ 

.     .'  I  .  I      .  T  Slaves. 

mjure  Ins  sale  ni  ordinary  market  are  such  latent  defects  as  good 
faith  requires  the  seller  to  disclose. 

§2611.  Any  vice  or  defect  in  the  thing  sold,  which  renders  it  Defects  gen- 
either  absolutely  useless,  or  its  use  so  inconvenient  and  imper-  "''"^' 
feet  that  it  is  reasonable  to  suppose  tliat  the  purchaser  would  not 
have  contracted,  had  he  knowledge  of  its  existence,  is  such  a  la- 
tent defect  as  good  faith  requires  the  seller  to  disclose. 

§  2612.  Patent  defects  are  not  covered  by  a  general  express 
warranty,  unless  intended  to  be  so  covered.     In  proof  of  this  in-^'^'^'^- 
tention  parol  evidence  is  admissible. 

§2613.  Contracts  of  barter  or  exchange  stand  upon  the  same  Barter  an<i 
footing  with  private  sales,  so  far  as  the  same  principles  can  be  ^"'""'^''• 
applied  to  thein. 


500  PT.  2.— TIT.  C— CHAP.  5.— Title,  &c. 

Article  2.— Of  Gifts. 

AETICLE  II. 

OF  GIFTS. 

Section.  [Section. 

2614.  Essentials.  '   2621.  Presumption  of  gift. 

2615.  Acceptance.  j  2022.  Of  lands. 

2616.  Effect  of  written  deed.  ]   2623.  Loan  to  married  daughters. 

2617.  Delivery.  2624.  Gifts  by  persons,  &c. 

2618.  A'oid  conditions.  2625.  Gifts  for  illegal  purposes. 

2619.  Gifts  void  against  creditors,  Ac.         2626.  DowiHo  ronsn  morfi-^. 

2620.  Gifts  of  slave. 

Essentials.  §2014.  To  constitute  a  valid  gift  tliere  must  Le  tlie  intention 
to  give  by  the  donor,  acceptance  by  the  donee  and  delivery  of 
the  article  given,  or  gome  act  accei)ted  by  the  law  in  lieu  thereof. 

Acceptance.  §2615.  If  the  douatioii  be  of  sub.stantial  l)enefit,  the  law  pre- 
sumes the  acceptance,  unless  the  contrary  be  shown.  A  parent, 
guardian  or  friend  may  accept  for  an  infant.  The  officers  of  a 
corporation  accept  for  it. 

Effector  §2616.  When  the  law  recpiires  a  conveyance  in  writing  to  the 

written  deed  y.^]i^i|.y  ^f  ^  ^\^i^^  (^y  ^\^q  couveyancc  is  made  for  a  good  considera- 
tion, such  conveyance,  executed  and  delivered,  will  dispense  with 
the  necessity  of  a  delivery  of  the  article  given.  A  gift  in  wri- 
tino;  without  ffood  consideration  and  without  delivery,  is  void. 

Delivery.  §  2617.  Actual  manual  delivery  is  not  essential  to  the  validity 
of  a  gift.  Any  act  which  indicates  a  renunciation  of  dominion 
by  the  donor,  and  the  transfer  of  dominion  to  the  donee,  is  a 
constructive  delivery. 

Voidcondi-       §  261S.  Impossible,  illegal  or  immoral  conditions  are  void,  and 

tions.  ^^  j^Q^.  iiTLvalidate  a  i)erfect  gift. 

Gifts  void        §2619.  An  insolvent  j^^Kirson  cannot  make  a  valid  gift  to  the 

lu^&o.'^^  injury  of  his  existing  creditors.  And  where  possession,  partially 
or  entirely,  remains  with  the  donor,  every  parol  gift  is  void  against 
hona  fide  creditors  and  purchasers  without  notice. 

Gift  of  slaves  §  2620.  No  gift  of  slaves  is  valid  against  creditors  or  subsequent 
bona  fide  purchasers  without  actual  notice  where  the  possession, 
either  partially  or  entirely,  remains  with  the  donor,  unless  the 
same  be  in  writing,  signed  by  the  donor,  attested  by  at  least  one 
subscribing  witness,  and  proved  or  acknowledged  and  recorded 
within  one  year  from  the  execution  thereof. 

Prcsump-         §2621.  The  delivery  of  personal  property  by  a  parent  into  the 

tion  of  gifts,  exclusive  pc»ssession  of  a  child  living  separate  from  the  parent, 
shall  create  a  presumption  of  a  gift  to  the  child  :  this  presurap- 


PT.  2.— TIT.  6.— CHAP.  5.— Title,  &c.  501 


Article  2.— Of  Gifts. 


tion  may  be  rebutted  by  evidence  of  an  actual  contract  of  lend- 
ing, or  from  circumstances  from  which  such  a  contract  may  be 
inferred. 

§2622.  The  exclusive  possession  by  a  child  of  lands  belonging  of  lands, 
originally  to  a  father,  without  payment  of  rent  for  the  space  of 
seven  years,  shall  create  conclusive  presumption  of  a  gift,  and 
convey  title  to  the  child,  unless  there  is  evidence  of  a  loan  or  of 
a  claim  of  dominion  by  the  father  acknowledged  by  the  child,  or 
of  a  disclaimer  of  title  on  the  part  of  the  child. 

S  2623.  If  the  child  be  a  married  daughter,  the  contract  of  loan  Loans  to 

^  ^  '-  married 

referred  to  in  the  two  preceding  paragraphs  muet  he  assented  to  daughters. 
by  the  husband  to  rebut  the  presumption  of  a  gift. 

§  262-i.  A  gift  by  any  person  just  arrived  at  majority,  or  other-  Gifts  t.y  per- 
wise  peculiarly  subject  to  be  afiected  l)y  such  influences,  to  his  ^'o"",  &c. 
parent,  guardian,  trustee,  attorney  or  other  person  standing  in  a 
similar  relationship  of  conlidence,  shall  be  scrutinized  with  great 
jealousy,  and  upon  the  slightest  evidence  of  persuasion  or  influ- 
ence towards  this  object,  shall  be  declared  void  at  the  instance  of 
the  donor  or  his  legal  representative  at  any  time  within  Ave  years 
after  the  making  of  such  gift. 

§2625.  If  a  gift  be  made  for  a  speciiic  purpose,  expressed  or  ;^^'"^y^^g®' 
secretly  understood,  and  such  purpose  is  illegal,  or  from  other 
cause  fails  or  cannot  be  accomplished,  the  donee  shall  hold  as 
trustee  for  the  donor  or  his  next  of  kin. 

§  2626.  A  gift  in  contemplation  of  death  {donatio  causa  mortis)  raum%-or- 
must  be  made  by  a  person  during  his  last  illness,  or  in  peril  of  ^'*- 
death,  must  be  intended  to  be  absolute  only  in  the  event  of  death, 
and  must  be  perfected  by  either  actual  or  syml>olical  delivery ; 
such  a  gift,  so  evidenced,  may  be  made  of  any  personal  property, 
by  parol  and  proved  I)}'  one  or  more  witnesses. 


CHAPTER  XL 

OF  TITLE  BY  ESCHEATS  AND  FORFEITURE. 

Section.  jSectiox. 

2627.  Escheat.  2G32.  Counsel  for  Escheator 

2628.  Alien  heirs. 

2629.  Escheator. 

2630.  Duty  of  Ordinary. 
.2631.  Proceeds — how  dispo.sed  of 


2633.  Claim  witliin  six  years. 

2634.  Forfeiture. 

2635.  Purchase  by  Alien. 

2636.  Other  forfeitures. 


§2627.  Escheat  is  where  upon  failure  of  heirs,  the  estate  of  an 


502  PT.  2.— TIT.  tl— Title,    &c. 

Chapter  6.— Of  Title  by  Escheats  and  Forfeiture. 

Escheat.  intestate  falls  to  the  State.  In  no  other  case  does  an  estate- 
escheat  in  Georgia. 
Alien  heirs.  §  262S.  If  the  lieirs  of  an  intestate  or  the  devisees  of  land  of  a 
testator,  be  aliens  or  otherwise  incapable  of  holding  title  to  lands, 
the  Ordinary,  shall  order  the  legal  representative  of  the  estate  to 
sell  the  lands,  and  pay  over  the  proceeds  to  snch  devisee  or  next 
of  kin. 
Escheator.  g  2629.  The  Clerk  of  the  Inferior  Court  of  each  county,  shall  ba- 
the escheator  of  such  county,  and  as  such,  shall  be  entitled  to- 
adniinistration,  and  shall  apply  for  adnnnistratic»n  on  the  estate 

"  ^'  of  every  person  dying  in  such  county  intestate,  and  without  known 
heirs  or  next  of  kin  ;  or  if  administration  be  alrcad}'  granted  tO' 
another,  such  Clerk,  as  escheator,  shall  have  the  right  to  call  such 
administrator  to  account,  and  receive  from  him,  the  property,, 
when  declared  to  be  escheated  to  the  State. 
Duty  of  Or-      §  2G30.  Tlic  csclieator,  so  soon  as  he  shall  obtain  possession- 

"'*'^^'  of  the  estate  as  administrator,  shall  make  known  to  the- 
Ordinary  of  the  county,  the  fact,  that  the  same  has  apparently 
escheated  to  the  State,  whereupon,  the  said  Ordinary  shall  pass 
an  order  requiring  the  said  administrator,  to  advertise  by  publi- 
cation in  one  or  more  })apers  in  this  and  other  States,  according 
to  the  circumstances  of  each  case,  notifying  all  persons  interested 
as  next  of  kin  of  such  deceased  person,  of  the  fact  and  date  of" 
his  death,  the  amount  of  the  estate,  and  the  pendency  of  proceed- 

*°""^  ■  ings  to  escheat  the  same,  which  publication  shall  be  continued 
for  six  months.  If  no  person'  shall  appear,  and  claim  as  heir, 
within  twelve  months  from  the  date  of  the  first  publication,  the 
Ordinary,  shall  pass  an  order  declaring  the  said  property  es- 
cheated to  the  State,  If  any  person  claims  the  property'  alleged' 
to  be  escheated,  the  claim  shall  be  interposed,  and  tried  as  claims 
at  administrators'  sales. 
Proceeds—       ^2631.  The  proceeds  of  escheated  propertv,  shall  be  ])aid  in 

How  (liepos-         ,  ,       A      -, .  ,  .    -,      T-  T  . 

*d  of         each  county,  to  the  Ordinary  or  other  treasurer  ot  the  LducationaJ 

Fund  of  such  county,  to  become  a  part  of  such  fund. 
&oikitor  g  2632.  In  all  trials  arising  in  reference  to  escheated  pnjperty.. 

Counsel  for.  the  Solicitor  General  shall  l»e  ex  officio  counsel  for  the  escheator. 

Escheator.  '^ 

Claim  within     §2633.  The  iicxt  of  kill,  or  heir  of  such  deceased  person  may 

six  years.  .  .,..  .  ,  iti-  i*^ 

at  any  time,  M'lthin  six  years  atter  such  order  declaring  the 
estate  escheated,  (or  if  laboring  under  any  disability,  within  three 
years  after  the  removal  of  the  same.)  bring  suit  against  the  treas- 
urer of  said  Educational  Fund,  for  the  principal  of  the  said  sum, 


FT.  2.— TIT.  0.— Title,  &c.  50S 

Cliapter  G. — Of  Title  by  Escheats  and  Forfeitiire. 


without  interest,  and  upon  proof  of  his  right  thereto,  ma}^  recover 
the  same  without  costs. 

§  2634.  Forfeiture  to  the  State  fur  crime,  is  abolished  in  this  Forfeiture. 
State,  except  so  far  as  the  lien  which  the  State  holds  upon   all 
the  property  of  an  offender  for  the  costs  of  the  prosecution  against 
liim. 

§  2635.  A  conveyance  of  land  to  an  alien,  incapable  of  holding  purchase  by 
the  same  works  a  forfeiture  of  the  title  to  the  same  to  the  State.  ^'"^ 
And  such  lands  may  be  recorded  l)y  the  Clerk  of  the  Inferior 
Court,  where  they  are  situated  to  be  sold  under  an  order  of  said 
Court,  and  the  proceeds  added  to  the  Educational  Fund  of  the 
county. 

§  2636.  Forfeitures  are  worked  by  various  acts,  specified  in  dif- other  forfei- 
ferent  parts  of  this  Code,  for  the  benefit  of  persons  named  therein. 


CHAPTER  VII. 

OF  TITLE  BY  PRESCRIPTION. 

Section.  1  Section. 

2637.  Prescription.  i  2643.  Dedication. 

2638.  Adverse  possession.  '  2644.  Prescription  for  Slaves. 

2639.  Actual  possession.  {  2645.  Disabilities. 

2640.  Constructive  posses.siou.  2646.  Stops  the  prescription. 

2641.  Possession  for  20  years.  ,  2647.  Other  exceptions. 

2642.  Possession  for  7  years.  [  2648.  Transfer  of  prescriptive  title. 

§  2637.  Title  by  prescription,  is  the  right,  which  a  possessor  ac-  Prescription 
quires  to  property  by  reason  of  the  continuance  of  his  possession 
for  a  period  of  time  fixed  by  the  laws. 

§  263S.  Possession  to  be  the  foimdation  of  a  prescription,  must  be  Adverse 
in  the  right  of  the  possessor,  and  not  of  another,  must  not  have  ^*^^^^^*'°°" 
originated  in  fraud,  must  be  public,  continuous,  exclusive,  uninter- 
rupted and  peaceable,  and  be  accompanied  by   a  claim  of  right. 
Permissive  possession  cannot  be  the  foundation  of  a  prescription, 
until  an  adverse  claim,  and  actual  notice  to  the  other  party. 

§2639.  Actual  possession  of  lands,  is  evidenced  by  enclosure,  Actual  pos- 
cultivation  or  any  use  and  occupation  thereof,  which  is  so  notori-  *'^^^'"°- 
ous  as  to  attract  the  attention  of  every  adverse  claimant,  and  so 
exclusive,  as  to  prevent  actual  occupation  by  another. 

§  2640.  Constructive  possession  of  lands,  is  where  a  person  hav-  construc- 
ing  paper  title  to  a  tract  of  land,  is  in  actual  possession  of  only  a  glon.  ^"**^*' 
part  thereof.     In  such  a  case,  the  law  construes  the  possession  to 


504  PT.  2.— TIT.  6.— Title,  &c. 

Chapter  7. — Of  Title  by  Prescription. 

extend  to  the  boundary  of  the  tract.     Hence,  adjacent  owners, 
may  be  in  constructive  possession  of  the  same  land,  beinc;  inclu- 
ded in  tlie  boundaries  of  each  tract.     In  sucli  cases,  no  prescrip- 
tion can  arise  in  favor  of  either.-' 
PoBsesBion       S  2641.  Actual  adv' erse  possession  of  lands  by  itself,  for  twenty 

for  20  years.  ■,     ^^       •  t      ■  ^      ^  •      •  "      . 

years,  shall  give  good  title  l)y  prescription  against  every  one, 
except  the  State  or  persons  laboring  under  the  disabilities  herein 
after  specified. 
PMsessioo    *   §  2G42.  Adverse  possession  uf  lands,  under  written  evidence  of 
title,  for  seven  years,  shall  give  a  like  title  by  prescription.     But 
if  such  written  title,  be  forged  or  fraudulent,  and  notice  thereof 
l^e  brouglit  home  to  the  claimant  before  or  at  the  time  of  the 
commencement  of  his  possession,  no  prescription  can  be  based 
thereon. 
Dedicotion.       §2043.  If  the  owucr  of  lands,  citlier  exi»ressly  or  by  his  acts 
dedicates  the  same   to  pul)lic  use,  and  the  same  is  so  used,  for 
such  a  length  of  time,  that  the  public  accomodation,  or  ])rivate 
rights  might  be  materially  affected  l»y  an   interruption  of  the 
enjoyment,   he   cannot   afterwards,    a])propriate    it    to    private 
purposes. 
i'rg!*eription      §2644.  Advci'sc  posscssioii  of  slavcs  or  other  personal  pro- 
perty within  this  State,  for  four  years,  shall  give  a  like  title  by 
prescription.     Xo  prescription  arises  if  tlie  proi)erty  be  concealed 
or  removed  out  of  the  State,  or  otherwise  is  not  sulyject  to  recla- 
mation. 
DiMbiiiues.      §  2645.  No  prescription  works  against  the  rights  of  a  minor 
during  infancy,  of  a  married  woman  during  coverture,  of  a  per- 
son imprisoned  during  his  conlinement,  or  of  an  insane  person  so 
long  as  the  insanity  continues ;  but  each  of  these  shall  liave  a 
like  number  of  years,  after  the  disabilit}'  is  removed,  to  assert  his 
claim  and  title  to  realty  or  personalty  against  tlie  person  pre- 
scribing, 
stop  the  §2646.  A  prescription  commenced  shall  cease  against  persons 

rrescription.  ^^^jgj.  disability  pending  the  disability,  but  on  removal  thereof, 
the  prior  possession  may  l)e  tacked  or  added  to  the  subsequent 
possession  to  make  out  the  prescription, 
other  ex-  §  2647.  A  prescription  does  not  run  against  an  unrepresented 
ceptions.  estate  until  representation  ;  Provided,  the  lapse  does  not  exceed 
live  years,  nor  against  a  joint  title  which  cannot  be  severally  en- 
forced, and  a  portion  of  the  owners  labor  under  either  of  the 

♦See  Title  S.  Chapter  3.  Article  1. 


PT.  2.— TIT.  6.— Title,  & 


cvrc. 


505 


Cliapter  7.— Of  Title  by  Prescru' 


foregoing  disabilities,  nor  in  cases  of  fraud  debarring  or  aeteniit; 
the  other  party  from  his  action  until  the  fraud  is  discovered,  nor 
against  a  partj  who  commences  his  action  in  time,  but  is  non- 
suited, or  dismisses  for  one  time  and  re-commences  within  six 
months. 

^2648.  An  inchoate  prescriptive  title  may  be  transferred  by  a  ^     ,     , 

"  ••■•*■  .  ■  .  Transfer  of 

possessor  to  a  successor,  so  that  the  successive  possessions  may  be  prescriptive 
tacked  to  make  out  the  prescription. 


CHAPTER  VIII. 

OF  COXVEYAXCES  OF  TITLES. 


Article  1.  Generally. 

Article  2.  Covenants  and  warranty 

Article  3.  Tleoristration. 


ARTICLE  I. 


GENERALLY 


Section'. 
2619.  Requisites  of  a  deed. 

2650.  Future  interest. 

2651.  Form  of  deed. 

2652.  Escrows. 

2653.  Deed  of  infant. 

2654.  Adverse  possession,  etc. 


Section. 

2655.  Deeds  to  personalty. 

2656.  Inconsistent  clauses. 

2657.  Recitals. 

2658.  Estopiwl. 

2659.  Ancient  deed. 

2660.  Establishing  copies,  &c. 


§  2649.  A  deed  to  lands  in  this  State  must  be  in  writing, 
signed  by  the  maker,  attested  by  at  least  two  witnesses,  and  de-  o'/rdeed.* 
livered  to  the  purchaser,  or  some  one  for  him,  and  be  made  on  a 
valuable  or  good  consideration.  The  considerations  of  a  deed 
may  be  always  inquired  into  when  the  principles  of  justice  re- 
quire it.* 

§  2650.  A  future  interest  or  estate  may  be  conveyed  by  deed, 

but  it  must  operate  to  transfer  the  title  immediately,  or  the  in-  ^ 

^  •*■  -J '  Future  in- 

strument will  be  testamentary  and  revocable.  t*^'"^**- 

§2651.  No  i^rescribed  form  is  essential  to  the  validity  of  a 

deed  to  lands  or  personalty.     If  sufhcient  in  itself  to  make  kno^ni  p^^m  of 

the  transaction  between  the  parties,  no  want  of  form  will  invali-  '''^^''• 

date  it. 


•  See  further  as  to  considerations.  Title  8,  on  contracts,  Chapter  3. 


606 


PT.  2.— TIT.  0.— CHAP.  8.— Title,  etc. 


Article  1. — Generally. 


Escrows. 


Deed  of  an 
infant 


Adverse 
poMeeeioD. 

Deeds  to 
peraoaalty. 


loconfiiBtCDt 
clauses. 


Kecitulft. 


Kstopp<'l. 


Ancient 
d«ed. 


§2652.  A  deed  delivered  to  another  to  be  delivered  on  certain 
conditions  to  the  grantee,  is  an  escrow.  Possession  of  the  deed 
by  the  grantee  is  i)resumptive  proof  of  a  deliver}-,  but  niav  be  re- 
butted. 

§2053.  Tlie  deed  of  an  infant  is  \<jidable  at  his  pleasure  on 
majority.  The  making  of  another  deed  at  that  time  voids  the 
first  without  an  entry  on  the  lands. 

§2654.  A  deed  to  lands,  made  while  the  t-ame  are  lield  ad- 
versely to  the  maker  of  the  deed,  is  not  void. 

§  2655.  A  deed  to  slaves  or  other  personalty  needs  no  attesting 
witness  to  make  it  valid  ;  in  other  respects  the  principles  appli- 
cable to  deeds  to  lands  are  ai)plicable  to  it.  Generally,  a  deed 
is  not  necessary  to  convey  titles  to  personalty. 

§2656.  If  two  clauses  in  a  deed  be  utterly  inconsistent,  the 
tbrmer  must  prevail,  but  the  intention  t»f  the  j»arties,  from  the 
whole  instrument,  sliould,  if  ]ios>il»le,  be  ascertained  and  carried 
into  effect. 

§2657.  The  recital  in  a  deed  of  the  receipts  of  the  ])urchase 
money,  does  not  estop  the  maker  from  denying  the  fact  and 
proving  the  contrary. 

§2658.  The  maker  of  a  deed  cannot  subsequently  claim  ad- 
versely to  his  deed  under  a  title  acquired  since  the  making 
thereof.  He  is  estopped  from  denying  his  right  to  sell  and  con- 
vey. 

§2659.  A  deed  more  than  thirty  ycar>  old,  having  tlie  appear- 
ance of  genuineness  on  inspection,  and  coming  from  the  proper 
custody,  if  possession  has  been  consistent  therewith,  is  admissi- 
ble in  evidence  without  proof  of  execution. 

§2660.  If  an  original  deed  be  lost,  a  copy  nniy  be  established 
by  the  Superior  Court  of  the  county  where  the  land  lies,  and, 
when  so  establislied,  shall  liave  all  the  effect  of  the  original. 


Covenants 
running 
with  lands. 


AKTICLE  II. 

OF  covp:xants  and  warranty. 


Sectiox. 

2661.  Covenants  rimning  with  landn 

2662.  General  warranty. 

2663.  Of  a  slave. 


Sectiox. 

2664.  ••  Healthy"  and  ••  sound. 
'   2665.  Warranty  of  title,  &c. 
1   2G6G.  Offer  to  rescind. 


§2661.  The  purchaser  of  land  obtains  with  the  title,  however 
conveyed  to  him.  at  public  or  private  sale,  all  the  rights  which 


I 


PT.  2.— TIT.  6.— CHAP.  8.— Title,  &c.  507 

Article  2. — Of  Covenants  and  "Warranty. 

any  former  owner  of  the  land,  under  whom  he  claims,  may  have 
had  by  virtue  of  any  covenants  of  warranty  of  title,  or  of  quiet 
enjoyments,  or  of  freedom  from  incumbrances,  contained  in  the 
conveyance  from  any  former  grantor,  unless  the  transmission  of 
such  covenants  with  the  land  is  expressly  negatived  in  the  cove- 
nant itself. 

§  2662.  A  sreneral  warranty  of  title  against  the  claims  of  all  eenerai 

o  O  «/  cj         ^  ^warranty. 

persons,  includes  in  itself  covenants  of  a  right  to  sell,  and  of 
quiet  enjoyment  and  of  freedom  from  incumbrances. 

§2663.  A  general  warranty  of  a  slave  "in  every  respect," or » slave, 
includes  validity  of  title,  mental  and  physical  soundness,  and 
ireedom  from  latent  vices  or  defects,  rendering  him  valueless,  or 
unfit  for  the  use  intended. 

§  2664.  "Healthy"  in  a  warranty  of  a  slave  refers  to  physical  Healthy  and 
soundness ;  "sound"  includes  mind  and  body.  **"°  ' 

§2665.  A  covenant  of  warranty  of  title  to  a  slave  goes  with  Tuie  goes 
the  slave  to  an  assignee,  who  may  sue  thereon,  in  his  own  name. 

§  2666.  An  oiFer  to  rescind  is  not  necessary  to  a  recovery  upon  offer  to  re- 
a  covenant  of  warranty.     An  offer  by  the  warrantor  to  rescind, 
and  a  refusal  by  the  warrantee,  should  be  considered  in  estimar 
ting  damages,* 


AKTICLE  III. 

OF  REGISTRATION. 


Section. 
2661.  When  aud  where  recorded. 

2668.  Attestation. 

2669.  Probate  by  witness. 

2670.  By  otlier  persons. 

2671.  Record  of  Execution. 


Section. 

2672.  Bills  of  sale  to  slaves. 

2673.  Former  acts  continued. 

2674.  Original  deed  evidence. 

2675.  Copy — when  evidence. 


§  2667.  Every  deed  conveying  lands  shall  be  recorded  in  the  ^j^^^  ^^^ 
office  of  tlie  Clerk  of  the  Superior  Court  of  the  county  where  ^^^^^^y<^- 
the  land  lies,  witliin  one  year  from  the  date  of  such  deed ;  on 
failure  to  record  within  this  time  the  record  may  be  made  at  any 
time  thereafter,  but  such  deed  loses  its  priority  over  a  subsequent 
deed  from  the  same  vendor,  recorded  In  time,  and  taken  without 
notice  of  the  existence  of  the  first. 


*As  to  damages  for  breach  of  covenants,  see  Part  2,  Title  7,  on  contracts,  Chapter 
9,  for  other  provisions  as  to  warrantees,  see  Chapter  5,  Article  1,  of  tliis  Title  on  pri- 
vate sales. 


508  PT.  2.— TIT.  6.— CHAP.  8.— Title,  &c. 

Article  3. — Of  Eegistratiou. 

Attestation.  §  2668.  To  authorize  the  record  of  a  deed  to  realty  or  person- 
alty it  must  be  attested,  if  executed  out  of  this  State,  by  a  com- 
missioner of  deeds  for  the  State  of  Georgia,  or  a  consul  or  ^ace 
consul  of  the  Confederate  States,  (the  certificates  of  these  officers, 
under  their  seals,  being  evidence  of  the  fact,)  or  by  a  Judge  of 
a  court  of  record  in  the  State  wliere  executed,  with  a  certifi- 
cate of  the  clerk,  under  the  seal  of  such  court,  of  the  genuine- 
ness of  the  signature  of  such  Judge.  If  executed  in  this  State 
it  must  be  attested  by  a  Judge  of  a  court  of  record  of  this  State, 
or  a  Justice  of  the  Peace,  or  Xotary  Public,  or  Clerk  of  the  Supe- 
rior Court  in  the  county  in  which  the  three  last  mentioned  offi- 
cers, respectively,  hold  their  appointments,  or  if  subsequent  to  its 
execution  the  deed  is  acknowledged  in  the  presence  of  either  of 
the  above  named  officers,  that  fact,  certified  on  the  deed  by  such 
officer,  shall  entitle  it  to  be  recorded. 

Probate  by  §  2669.  If  a  deed  is  neither  attested  b}-  or  acknowledged  before 
either  of  the  officers  aforesaid,  it  may  be  admitted  to  record  upon 
the  affidavit  of  a  subscribing  witness,  before  either  of  the  above 
named  officers,  testifying  to  the  execution  of  the  deed  and  its  at- 
testation according  to  law;  a  substantial  compliance  with  this 
requisition  shall  be  held  sufficient  in  the  al>sence  of  all  suspicion 
of  fraud. 

By  other         §  2670.  If  the  subscribing  witness,  or  witnesses,  be  dead,  or  lu- 

persons.  j^^tic,  or  rcmovcd  without  the  State,  or  otherwise  incapacitated 
to  make  the  affidavit,  the  affidavit  of  a  third  person  to  the  fact, 
and  to  the  genuineness  of  the  liandwriting  of  the  subscriljing 
witness,  or  witnesses,  shall  be  sufficient  to  admit  the  deed  to  re- 
cord. 

Eecordof  §2671.  A  purchaser  at  Sheritf's  sale  may  have  the  execution 
under  which  the  property  was  sold  recorded  with  his  deed,  to- 
gether with  all  the  entries  on  the  said  execution,  and  in  the  event 
of  the  loss  or  destruction  of  the  original  execution,  a  copy  from 
such  record  shall  be  admitted  in  evidence. 

Bills  of  sale  §  2672.  Deeds  and  bills  of  sale  to  slaves,  and  other  personalty, 
may  be  recorded  in  the  office  of  the  Clerk  of  the  Superior  Court 
of  the  county  where  the  maker  resides ;  such  record  being  per- 
missive and  not  compulsory,  is  not  constructive  or  implied  notice 
to  any  one ;  it  is  otherwise,  where  the  law  requires  the  record  to 
be  made,  and  it  is  properly  made. 

Former  acts     §  2673.  All  decds  heretofore,  by  any  act,  declared  valid,  or 

continued.  .  i  i 

where  improperly  recorded,  the  record  has  been  declared  valid  or 


FT.  2.— TIT.  6.— CHAP.  S.— Title,  &c. 


509 


Article  3. — Of  Reg-istratiou. 


sufficient,  shall  continue  under  this  Code  in  the  same  situation  as 
if  the  original  acts  remained  in  force. 

§2674.  A  registered  deed  shall  be  admitted  in  evidence,  in  any 
court  in  this  State,  without  further  proof,  unless  the  maker  of 
the  deed,  or  one  of  liis  heirs,  or  tlie  opposite  party  in  the  cause 
will  file  an  affidavit  tliat  the  said  deed  is  a  forgery,  to  the  best  of 
his  knowledge  and  belief,  when  the  court  shall  arrest  the  cause, 
and  require  an  issue  to  be  made  and  tried  as  to  tlie  genuineness 
of  the  alleged  deed. 

§2075.  If  the  original  deed  be  lost  a  copy  from  the  registry,  if 
duly  recorded,  shall  l)e  admitted  in  evidence,  whenever  the  court 
is  satisfied  of  the  fact  of  loss  or  destruction,  and  to  this  fact  the 
party  niay  be  a  witness. 


Original 
deed  evi- 
dence. 


Issue  m.idf 
and  tried. 


Copy — ^vllen 
evidence. 


TITLE   VII. 


OF  CONTRACTS. 


Chapter  1.  General  principles. 

Chapter  2.  Of  the  parties. 

Chapter  3.  Of  the  consideration. 

Ch^vi'ter  4.  Of  illegal  and  void  contracts. 

Chapter  5.  Of  construction  of  contracts. 

Chapter  6.  Of  bills  of  exchange,  promissory  note,  cVrc. 

Chapter  7.  Of  contracts  of  insurance. 

Chapter  8.  Of  defences  to  contracts. 

Chapter  9.  Of  breach  and  damages. 


CHAPTER  I. 

GENERAL   PRINCIPLES. 


Section. 

2676.  What  is  a  contract. 

2677.  Executed  and  executory. 

2678.  Of  record. 
267.f).  Specialty. 

2680.  Simple  contracts. 

2681.  Parol  contracts. 

2682.  Essentials. 

2683.  Absolute  or  conditional. 


Section. 

2684.  Conditions  precedeut,  Ac. 

2685.  Void  conditions. 

2686.  Novation. 

2687.  Entire  or  severable. 

2688.  Apportionment. 

2689.  Assent. 

2690.  Contract  liy  letter. 


510 


PT.  2.— TIT.  7.— Contracts. 


Chapter  1. — General  Principles. 


What  is  a 
contract. 


Executed  or 
oxecutory. 


Of  record. 


Specialty. 


■Simiilc  con- 
tracts. 


Parol  con- 
tmcts. 


Essentials. 


Absolute  or 
conditional. 


Conditions 
precedent 
and  subse- 
quent. 


Void  condi- 
tions. 


NovatioB. 


§  2676.  A  contract  is  an  agreement  between  two  or  more  par- 
ties for  the  doing  or  not  doing  of  some  specified  thing. 

§  2677.  An  executed  contract  is  one  in  which  all  the  parties 
thereto  have  performed  all  the  obligations  which  they  have  origi- 
nally assumed.  An  executory  contract  is  one  in  which  some- 
thing remains  to  be  done  by  one  or  more  parties. 

§  2678.  A  contract  of  record  is  one  which  has  been  declared 
and  adjudicated  by  a  court  having  jurisdiction,  or  which  is  en- 
tered of  record  in  obedience  to  or  in  carrying  out  the  judgments 
of  a  court. 

§  2679.  A  specialty  is  a  contract  under  seal,  and  is  considered 
by  the  law  as  entered  into  witli  more  solemnity,  and  consequent- 
ly of  higher  dignity  than  ordinary  simple  contracts. 

§2680.  All  other  contracts  than  those  specified  al)0ve,  are 
termed  simple  contracts. 

§2681.  Simple  contracts  may  be  either  in  writingjjor  rest  only 
in  words,  as  remembered  ])y  witnesses.  Parol  contracts  under 
this  Code  shall  include  only  the  latter. 

§  2682.  To  constitute  a  valid  contract  there  must  be  parties 
able  to  contract,  a  consideration  moving  to  the  contract,  the  as- 
sent of  the  parties  to  the  terms  of  the  contract,  and  a  subject 
matter  upon  which  it  can  operate. 

§  2683.  A  contract  may  be  absolute  or  conditional.  In  tlie 
former,  every  covenant  is  independent,  and  the  breach  of  one 
does  not  relieve  the  obligation  of  another.  In  the  latter,  the 
covenants  are  dependent  the  one  upon  the  other,  and  the  breach 
of  one  is  a  release  of  the  binding  force  of  all  dependent  covenants. 
The  classification  of  every  contract  must  depend  upon  a  rational 
interpretation  of  the  intention  of  the  parties. 

^  268-i.  Conditions  may  be  precedent  or  subsequent.  In  the 
former,  the  condition  must  be  performed  before  the  contract  be- 
comes absolute  and  obligatory  upon  the  other  party.  In  the  lat- 
ter, the  breach  of  the  condition  may  destroy  the  party's  rights 
under  the  contract,  or  may  give  a  right  to  damages  to  the  other 
party  according  to  a  true  construction  of  the  intention  of  the 
parties. 

§2685.  Impossible,  immoral  and  illegal  conditions  are  void, 
arid  are  binding  upon  no  one. 

§  2686.  One  simple  contract  as  to  the  same  matter,  and  on  no 
new  consideration  does  not  destroy  another  between  the  same 
parties ;  but  if  new  parties  are  introduced  by  novation  so  as  to 


PT.  2.— TIT.  7.— CoNTKACTs.  511 

Chapter  1. — General   Principles. 

change  the  person  to  whom  the  obligation  is  due,  the  original 
contract  is  at  an  end. 

§  2087.  A  contract  may  i)e  either  entire  or  severable.     In  the  Entire  or 
former,  the  whole  contract  stands  or  falls  together.     In  the  lat-*^^*^"^ 
ter,  the  failure  of  a  distinct  part  does  not  void  the  remainder. 
The  character  of  the  contract  in  such  case  is  determined  by  the 
intention  of  the  parties. 

§  268S.  In  some  cases  even  an  entire  contract  is  apportionable.  Appoint- 
as  where  the  price  to  be  paid  is  not  fixed,  or  is  by  the  contract 
itself  apportioned  according  to  time,  so  if  the  failure  of  one  party 
to  perform  is  caused  by  the  act  of  the  other,  the  contract  may 
still  be  apportioned. 

§  2689.  The  consent  of  the  parties  being  essential  to  a  contract  Assent. 
until  each  has  assented  to  all  the  terms,  the  contract  is  incom- 
plete ;  until  assented  to,  each  party  may  withdraw  his  bid  or 
proposition,  unless  a  given  time  is  agreed  on  in  which  the  other 
])arty  may  assent. 

§  2690.  If  the  proposition  is  made  by  letter,  the  acceptance  by  contract  by 
written  reply  takes  effect  from  the  time  it  is  sent,  and  not  from'*'"^'^' 
the  time  it  is  received.     Hence,  the  proposer  cannot  withdraw  in 
the  meantime.     If  the  latter  contains  alternative  propositions, 
the  party  receiving  may  elect.* 


CHAPTER  II. 

OF  THE  PARTIES. 

Section.  1  Section. 

2691.  Personal  disal)ilitie9.  ;   2697.  Insane  persons. 

2692.  Feme  covert.  2698.  May  be  pleaded. 


2693.  Infant  •when  bound. 

2694.  Personal  exemption. 

2695.  Infants  doing  business,  &c. 
2096.  Marriac:e  contracts  of  infonts. 


2699.  Drunkard. 

2700.  Slaves. 

2701.  Free  persons  of  color 

2702.  iex  ?oc^■  contractors. 


§2691.  The  following  persons  cannot  generally  make  a  valid  Porsonaidis- 
contract :   married  women,  infants,   insane  persons,   drunkards,  ''^'''^'^'' 
slaves  and  free  persons  of  color. 

§  2692.  The  contracts  of  a  married  woman  are  generally  void.f  ^^""'  '''''^''^ 
§  2693.  The  contracts  of  an  infant  under  twenty-one  years  of 

*As  to  the  contracts  which  to  lx>  binding  must  be.  in  writing,  see  Title  ."?,  Chapter  2 
Article  1. 

fFor  tlie  exceptions  to  this  rule,  see  Part  2.  Title  2,  Chapter  1,  Articl(!  2. 


512  PT.  2.^TIT.  7.— Contracts. 

Chapter  2.— Of  the  Parties. 

lafant-wjien  age  are  void,  except  for  necessaries,  and  for  necessaries,  they  are 
not  valid,  unless  the  party  furnislnMir  them  proves  that  the  i>arent 
or  guardian  fails  or  refuses  to  supply  sufficient  necessaries  fur  the 
infant.  If  however,  the  infant  receives  property  or  other  valua- 
ble consideration,  and  after  arrival  at  age  retains  possession  of 
such  property  or  enjoys  the  proceeds  of  such  valuable  considera 
tion,  such  a  ratitication  of  the  contract  shall  bind  him. 

Personal  «x-     §  2<J94.  Tlic  exemption  of  the  infant  is  a  personal  privilege. 

omiit..D.  rpj^^  party  contracting  with  him  caniiot  plead  it,  unless  he  was 
ignorant  of  the  fact  at  the  time  of  the  contract.  Nor  can  third 
persons  avail  themselves  of  it  as  a  defence. 

Infants  .10-       §260.").  Tf  an  infant  by  ])ermission  of  his  psircnt  or  guardian, 

&c.  or  by  permission  oi  law  i>ractiscs  any  prolession  or  trade,  or  en- 

gages in  any  business  as  an  adult,  he  shall  be  bound  for  all  con- 
tracts ctmuected  with  such  profession,  trade  or  business. 

Marriajro  §  2<»tM;.  Marriage  contracts  and  settlements  made  by  infants, 

Infante.""   but  of  lawful  age  to  marry,  arc  binding,  as  if  made  by  adults. 

insiinoi..r-       §  2»'ti)7.  All  iusauc  person  cannot  contract  prior  to  commission 

""^^  sued  out  and  guardianship  a])pointed ;  a  lunatic  may  contract 

during  lucid  intervals.  After  guardianshii),  he  cannot,  nor  can 
a  person  restored  to  sanity  contract  until  the  guardianship  is  dis- 
solved. Necessaries  furnished  an  insane  person  may  be  recover- 
ed upon  the  same  proof  as  if  furnished  to  infants. 

May  w  §  269S.  A  man  may  jdead  his  own  incapacity  to  contract. 

['""1  ',         ^  2('»1'U.  A  drunkard,  when  actuallv  intoxicated  to  such  an  ex- 

nninkiirii.  '-  _ 

tent  as  to  deprive  him  of  reason,  can  make  no  valid  contract  with 
any  one  cognizant  of  the  fact  of  his  condition.  If  the  party  con- 
tracting M'as  at  all  instrumental  in  producing  the  state  of  intoxi- 
cation, the  contract  is  invalid,  however  j>artial  the  intoxication 
may  be. 

««i.  OS  §2700.  Slaves  are  incapable  of  contracting  on  their  own  be- 

half. All  such  contracts  are  void.  Frequently  they  are  criminal. 
Slaves  mav  contract  as  aL'cnts  for  the  master  or  employer,  but 
for  no  one  else. 

i.^~.-.^«„„«  S2701.  Free  persons  of  color  can  contract  onlv  through  their 
guardians.  Their  cc>ntracts  are  voidable,  not  void,  and  only  at 
the  instance  of  their  guardians  by  ratifying,  the  guardian  may 
enforce  them. 

§2702.  Sometimes  persons  are  capable  to  contract  by  the  law 
of  the  place  of  the  contract,  but  incapable  under  the  law  of  this 
State.     In  such  case,  generally,  the  law  of  the  place  of  the  con- 


of  color. 


/.AT  loci 
cvntnctorfi. 


PT.  2.— TIT.  7.— Contracts.  dlS 

Chapter  2. — Of  the  Parties. 

tract  is  enforced,  unless  the  circumstances  show  an  attempt  to 
evade  tlie  hiw  of  this  State,  or  the  contract  is  of  sucli  a  cliaracter 
as  contravenes  tl*e  policy  of  our  law.'' 


CHAPTER  III. 

,     <.»F  THE  CONSIDERATION. 

.Section.  Sectio.v. 
2703.  Xudmn  Fachnn.  2708.  Mutual  promises. 

270i.  Valid  con.sideration.  ^   2709.  Good  in  part  and  bad  in  part. 
2705.  Good  and  valuable.  2710.  Impossible  consideration. 

270G.  InadequacY  of  consideration.  2711.  Consideration  movinsr  from  another. 

2707.  Mi.stake.  2712.  Failure  of  consideration. 

§  2703.  A  consideration  is  essential  to   a  contract,   which  the  xudum 
law  will  enforce.     An  executory  contract,  without  such  consider- 
ation, is  called  nudum,  pactum^  or  a  naked  promise.     In  some 
cases,  a  consideration  is  presumed,  and  an  averment  to  the  con- 
trary, will  not  l)e  received  ;  such  are  generally  contracts  under 
seal,  and  negotiable  instruments   alleging  a  consideration  upon  I'resump- 
their  face,  in  the  hands  of  innocent  holders  without  notice,  who  sideration. 
have  received  the  same,  before  dishonored. 

§  2704:.  A  consideration  is  valid,  if  any  benetit  accrues  to  him  vaiid  eon- 
who  makes  the  promise,  or  any  injury  to  him  who  receives  ^j^g  *"'®"*'<>°- 
promise! 

§  2705.  Considerations  are  distinguished  into  good  and  valuable,  oood  and 
A  good  consideration,  is  such  as  is  founded  on  natural  duty  and^*"" 
affection,  or  on  a  strong  moral  obligation.     A  valuable  consider- 
ation, is  founded  on  money  or  something  convertible  to  money, 
or  having  a  value  in  money,  except  marriage,  which  is  a  valuable 
consideration. 

§2706.  Mere    inadequacy  of   consideration,    aione,   will  not  inadequacy 
void  a  contract.     If  the  inadequacy  be  great,  it  is  a  strong  cir-  tfon""^*''*"^''' 
cumstance  to  evidence  fraud.     And  on  a  suit  for  damages  for 
breach  of   the  contract,  the  inadequacy  of   consideration  will 
always  enter  as  an  element  in  estimating  the  damages. 

§2707.  If  the  consideration  be  founded  in  a  mistake  of  fact  or  Mistake, 
of  law,  the  promise  founded  thereon  cannot  be  enforced. 

§  2708.  A  promise  of  another,  is  a  good  consideration  for  a  Mutual 
promise.     So  in  mutual  subscriptions  for  a  common  object,  the  ^'^™'®^- 

*  See  General  Preliminary  Principles, 


tli  FT.  2.— TIT.  7.— (\.NTKACTS. 


Chapter  3. — Of  the  Consideration. 


promises  of  the   others  is  a  good  consideration  for  the  promise  of 
eacli. 
Good  in  part      §270i<.  1  f  tliG  considcration  ]>e  g<»ud  in  part  Hud  void  in  part, 
andjmdin    ^j^^  promisc  will  lie  sustained  or  not  according  as  it  is  entire  or 
severahleas  hereinafter  prescril>ed.     But  if  tlie  consideration  be 
illegal  in  ^vhole  or  in  part,  the  whole  promise  fails. 
Impossible       §2710.  An  impossible  consideration,  is  insufficient  to  sustain 
ronsidera-     ^^^^  prouiisc,  otherwise  if  the  consideration  be  possii)le  but  im- 
probable. 
Consider-        §2711.   If  there  be  a  valid  consideratiuii  for  the   jtromise,  it 
fromTJ.th't  matters  not  from  whom  it  moved.     The  promisee  may   sustain 
*■"■  his  action,  th(jugha  stranger  to  the  consideration. 

§2712.  If  the  consideration,  apparently  good  or  valuable,  fails 
either  wholly  or  in  part  before  the  ])romi8e  is  executed,  such 
failure  may  be  pleaded  in  defence  to  the  promise.  If  it  be 
partial  an  apportionment  must  be  made  according  to  the  facts  of 
each  case. 


Falltiro  of 
consifiora- 
tion. 


CHAPTKIl  IV. 

OF  ILLEGAL  AXI'  VOID  CONTKACTS. 

Section.  Sectiok. 

2713.  Void.  2716.  Duress. 

2714.  Agam?c  public  policy.  ;   2717.  Gaming  conlract«. 

2715.  Fraud.  ' 

Void.  §2713.  A  contract  to  do  an  immoral  or  illegal  thing  is  void. 

If  the  contract  be  severable,  that  which  is  legal  will  not  be  an- 
nulled b}-  that  which  is  illegal. 

Apainstpub-      §2714.  A  coutract  which  is  against  the  policy  of  the  law, 

lie  poller.  (jj^j^j^Q^  |)g  enforced  ;  such  are  contracts  tending  to  corrupt  legisla- 
tion or  the  judiciary,  contracts  in  general  in  restraint  of  trade, 
contracts  to  evade  or  oppose  the  revenue  laws  of  another  country, 
waserins  contracts,  contracts  of  maintenance  or  champertv. 

Fraud.  §2715.  Fraud  voids    all   contracts.     Fraud  may  not  be  pre- 

sumed, but  being  in  itself  subtle,  slight  circumstances  may  be 
sufficient  to  carry  conviction  of  its  existence. 

Duress.  §  2716.  The  free  assent  of  the  parties  being  essential  to  a  valid 

contract,  duress,  either  of  imprisonment  or  by  threats,  or  other 
arts,  by  which  the  free  will  of  the  party  is  restrained,  and  his 
consent  induced,  will  void  the  contract.  Legal  imprisonment,  if 
not  used  for  illegal  purposes,  is  not  duress. 


PT.  2.— TIT.  7.— Contracts.  515 

Chapter  4. — Of  Illegal  and  Void  Contracts. 

§2717.  CTaminir  contracts  are  void,  and  all  evidences  of  debt  oaming  con- 

o  r>  ^        tracw. 

or  incumbrances  or  liens  on  property,  executed  upon  a  gaming 
consideration,  are  void  in  the  hands  of  any  person.  Money  paid 
or  property  delivered  up,  upon  such  consideration,  may  be  re-  g„itg  to 
covered  l)ack  from  the  winner  by  the  loser,  if  he  shall  sue  for 
the  same  in  six  months  after  the  loss,  and  after  tlie  expiration  of 
that  time,  it  may  be  sued  for  by  any  person,  at  any  time  within 
four  years,  for  the  joint  use  of  himself  and  the  Educational  Fund 
of  the  county.* 


re- 
cover baok. 


CHAPTER  V. 

OF  CONSTRUCTION  OF  CONTRACTS. 


Section. 

2718.  By  whom  construed. 

2719.  Intention  of  parties. 


Section. 

2720.  Or  of  one  party  known  to  tlie  other. 

2721.  Rules  of  interpretation. 


§2718.  The  construction   of  a  contract  is  a  question  for  the  By  whom 
court.     Wliere  any  matter  of  fact  is   involved,  (as  the   proper ''*"'*^'^^**" 
reading  of  an  obscurely  written  word)  the  jury  should  find  the 
fact. 

§2719.  The  cardinal  rule  of  construction  is  to  ascertain  the  intention  of 
intention  of  the  parties.     If  that  intention  be  clear,  and  it  con-  ^'^  '*"" 
travenes  no  rule  of  law,  and  suflicient  words  be  used  to  arrive  at 
the  intention,  it  shall  be  enforced,  irrespective  of  all  technical  or 
arbitrary  rules  of  construction. 

§2720.  The  intention  of  the  parties,  may  dift'er  among  them- or  of  one 
selves.     In  such  case,  the  meaning  placed  on  the  contract  by  one  ["o  ufe  ""the" 
party,  and  known  to  be  thus  understood  l)y  the  other  party,  at 
the  time,  shall  be  held  as  the  true  meaning. 

§2721.  The  following  rules  among  others  mav  aid  in  arriving ''"'^"^  of  in- 

"  .  .''  ,  ^  "^  &  torpretation. 

at  the  true  interpretation  ot  contracts — 

1.  Parol  evidence  is  inadmissible  to  add  to,  take  from  or  vary  i>aroi  evi- 
a  written  contract.  iVll  the  attendant  and  surrounding  circum- '  ''°*'^' 
stances  may  be  proved,  and  if  there  is  an  ambiguity,  latent  or  pa- 
tent, it  may  be  explained ;  so  if  a  part  of  a  contract  only  is  re- 
duced to  writing,  (such  as  a  note  given  in  pursuance  of  a  con- 
tract,) and  it  is  manifest  that  the  writing  was  not  intended  to 
speak  the  whole  contract,  then  parol  evidence  is  admissible. 

*As  to  contracts  roid  against  creditor.' — see  Part  2,  Title  3,   Chapter  2,   Article  '^i 
and  against  purchasers  see  Part  2.  Title  G,  Chapter  5,  Article  1 . 


il6 


FT.  2.— TIT.  7.— Contracts. 


Chapter  5. — Of  Construction  of  Contracts. 


Meaning  of 
words. 


Whole  con- 
tract to  be 
considered. 


StrongCBt 

against 

promisee. 


(jramiiuti- 
cal  eoBStruc- 
tion. 


Printing. 


Implied  es- 
tates. 


Time. 


2.  Words  generally  bear  their  usual  and  common  signification ; 
but  technical  words,  or  words  of  art,  or  used  in  a  particular  trade 
or  business,  will  be  construed,  generall}-,  to  be  used  in  reference 
to  this  peculiar  meaning.  The  local  usage  or  understanding  of 
a  word  may  be  proved  in  order  to  arrive  at  tlie  meaning  intended 
by  the  parties. 

3.  The  construction  which  will  upliold  a  contract  in  whole 
and  in  every  part,  is  to  be  preferred,  and  the  whole  contract 
should  be  looked  to  in  arriving  at  the  construction  of  any  part. 

4.  If  the  construction  is  doubtful,  that  which  goes  most  strongly 
against  the  party  executing  the  instrument,  or  undertaking  the 
obligation,  is  generally  to  be  preferred. 

5.  Tlie  rules  of  grammatical  construction  usually  govern,  but 
to  effectuate  the  intention  they  may  be  disregarded  :  sentences 
and  words  may  l)e  transposed,  and  conjunctions  substituted  for 
each  other.  In  extreme  cases  of  ambiguity,  where  the  instru- 
ment, as  it  stands,  is  without  meaning,  words  may  be  supplied. 

G.  AVHien  a  contract  is  partly  printed  and  partly  written,  the 
latter  part  is  entitled  to  most  consideration. 

7.  Estates  and  grants,  by  im})lication,  are  not  favored. 

8.  Time  is  not  generally  of  the  essence  of  a  contract ;  but  by 
express  stipulation  or  reasonable  construction,  it  may  become  so. 


CHAPTER  VI. 

OF  BILLS  OF  EXCHANGE,  AND  PROMISSORY  XOTP^S.   AND  OTHER   NE- 
GOTIABLE INSTRUMENTS. 

Akticlk  1.  Of  negotiable  papers,  and  how  transferred. 

Article  2.  Of  endorsers,  notice  and  protest. 

Article  3.  Of  the  rights  of  holders. 

Article  4,  Of  damages. 


AETICLE  I. 

OF  NEGOTIABLE  PAPERS.  AND  HOW  TRANSFERRED. 


Sectios. 

2722.  Bill  of  exchange. 

2723.  Promissorv  note. 

2724.  Negotiable. 

2725.  Bonds,  Ac,  negotiable. 


Section. 

2726.  Limited  endorsement. 

2727.  Implied  warranty. 

2728.  Bill,  &c.,  payable  out  of  a  fund. 

2729.  Acceptance,  4c. 


Article  I.— Of  Xegotiable  Papers,  and  how  Tr^sferred. 


517 


§  2722.  A  bill  of  exchange  is  an  order  by  one  person,  called  the  Bin  of 
drawer  or  maker,  to  another  called  the  drawee  and  acceptor    to"*"""^" 
pay  money  to  another,  (who  may  ])e  tlie  drawer  himself^  called 
the  payee,  or  his  order,  or  to  the  bearer.     If  the  payee  or  a  bearer  ^*^- 
transfers  the  bill  by  endorsement,  he  then  becomes  the  endorser 
it  the  drawer  or  drawee  resides  out  of  this  State,  it  is  then  called 
a  foreign  bill  of  exchange. 

or  moi  e  to  pay  to  another,  or  order  or  bearer,  at  a  speeiiied  time  ""■ 
a  specific  amount  of  money  or  other  articles  of  value      If  made 
by  more  than  one  it  may  be  a  joint  promise,  or  joint  and  several, 
n  wh,ch  case  each  .s  bound  for  the  whole  separatelv  at  the  op^ 

moue°v     r,         :'■•     ''  "7,  P"-''™"'^  '^  '"  "^"'^'-  ""'-  tha' r....u 
money,  and  is  not  punctually  made,  the  holder  may  recover  the"™""' 
value  o    such  articles  at  the  time  the  note  was  due,  at  the  place 
where  .   was  payable,  if  a  spe<-ific  place  is  mentioned,  othjwise 

fo-it'"!  "  '™'  """^'''  '""'  ^"'^f"^  !»*«'•««»  thereon 

^-Ui   A  promissory  note  is  negotiable  by  endorsementofthe^ 
payee  or  Iiolder,  or  if  payable  to  bLrer  by  transfer  and  deliter:  ""'""• 
only;  the  maker  may  restrain  the  negotiabilitv  thereof  by  ex- 
pressing such  intention  in  the  body  of  the  instrument.         "     ' 

b-7.o.  All  bonds,  specialties,  or  other  contract  in  writino- for  „  ,  , 
the  payment  of  money  or  any  article  of  property,  and  all  bido-NS-^^ 
ments  and  executions,  from  any  court  in  this  State,  are  neiotit 
bel^  endorsement,  or  written  assignment,  in  the  same  manner 
as  bill»  ot  exchange  and  promissory  notes.     No  endorsement  or 
assignment  need  be  under  seal.  oi,ement  oi 

strmJem  ;^"y  f^?™  .«"<J»-^'"g  »■■  fansferring  a  negotiable  in-i,„„,...™. 

t"T;     "■  '"""  '"'  °"'"  ''^''"'*.r  "PO"  ^"»h  endorsement  or*"-™"' 
transfe,  by  express  restrictions  therein;  and  the  assignor  of  a 
.ludgment  shall  not  be  hehl  liable  as  endorser,  nnless  ht  s™h  a, 
sigiiment  he  expressly  c.mtracts  so  to  be.  • 

§2727.  Every  transferrer  of  a  negotiable  instrument  whether,    ,.. 
by  endorsement  or  delivery,  warrants  (unless  otherwise  ,t    el™"'' 

anv  ttt  '"f.™""  "  ^f""'""'  "'"^  *'■"*  '"^  "'•''^  "0  knowledge  of 
anj  tact  which  proves  the  instrument  to  be  worthless,  either  bv 
msolvei.ey  of  the  maker,  payment  or  otherwise  " 

orl!vil  "^"^ '"'f  P*^""'«  '^f  "  1'"'  »'■  o«lor  may  be  conditioned b«.,*.., 
or  payable  out  Ota  certain  fund;  and  in  all  cases  the  acceptor  S?'»tSr' 


518  PT.  2.— TIT.  7.— CH^P.  6.— Contkacts. 

Article  1. — Of  Negotiable  Papers,  and  how  Transferred. 

Li«n.  Bliall  have  a  lien  ou  the  funds  or  property  of  the  drawer  in  his 

hands,  for  the  payment  of  the  acceptances  in  his  behalf, 
Trcsump-         g  2729.  An  ordinary  acceptance  does  not  raise  a  presumption 
f«nd8.         of  funds  in  the  hands  of  the  acceptor,  but  the  onus  is  on  the 
drawer  to  show  funds  in  liis  hands. 


endorser. 


AKTICLE  II. 

OF  ENDORSERS,  NOTICE  AND  PROTEST. 

Sectk)n.  .Section. 

2'(30.  Contract  of  endorser.  2733.  Holidajs  excepted. 

'2731.  Protest  and  notice.  2734.  Days  of  grace. 
2732.  Endorser  sued  with  maker. 

Contractor  §2730.  In  ordinary  endorsements,  the  contract  of  the  endorser 
is  to  pay  the  money,  if  the  parties  to  the  instrument,  primarily 
liable  thereon,  fail  to  pay  according  to  the  terms  thereof;  hence, 
if  there  are  several  endorsers,  each  is  lialde  to  subsequent  ones 
in  the  order  of  their  endorsements. 

rroteetand  §  2731.  When  bills  of  exelianuc  and  promissory  notes  are  made 
fur  tlie  purpose  of  negotiation,  or  intended  to  be  negotiated  at 
any  chartered  bank,  and  the  ?ame  are  not  paid  at  maturity,  no- 
tice of  the  non-payment  thereof,  and  of  the  protest  of  the  same 
for  non-payment,  or  non-acceptance,  nnist  be  given  to  the  en- 
dorsers thereon  within  a  reasonable  time,  either  personally  or  by 
post,  (if  the  residence  of  the  endorser  be  known,)  or  the  endorser 
will  not  be  held  liable  therec»n  ;  but  in  no  other  case,  and  upon 
no  other  bills  or  notes,  shall  notice  or  protest  be  held  necessary 
to  charge  the  endorser. 

Endorser         §  2732.  lu  all  cases  tlie  endorser  may  be  sued  in  the  same  ac- 

mlLT^^  tion  and  in  the  same  county  with  tlie  maker,  or  drawer,  or  accep- 
tor. 

Holidays  OS-  §2733.  The  tirst  day  of  January,  the  25th  day  of  December, 
and  any  day  appointed  by  the  Governor  of  this  State,  or  the 
President  of  the  Confederate  States,  or  the  civil  authorities  of 
any  city,  as  a  day  of  fast  or  thanksgiving,  shall  be  held  and  con- 
sidered in  the  same  manner  as  the  first  day  of  the  week,  known 
as  Sunday,  for  all  purposes  connected  with  the  presenting  for 
judgment  or  acceptance,  and  protesting  and  giving  notice  of  dis- 
honor of  any  bill,  check,  order  or  note.  , 


cepted. 


FT.  2.— TIT.  7.— CHAP.  6.— Contracts.  519 

Article  2. — Of  Endorsers,  Notice  and  Protest. 


§  2734.  The  three  days  generally  known  as  days  of  grace,  and  Days  of 
by  custom  allowed  on  papers  payable  at  banks  or  broker's  offices, 
shall  not  be  allowed  ni»on  any  bill  or  draft  payable  at  sight. 


ARTICLE  III. 

OF  THE  RIGHT  OF  HOLDP^RS. 

Section.  Section. 

2735.  Right  of  bona  fide  holder.  2730.  Title  not  to  be  inquired  into. 

2736.  Over  due  notice.  '  2740.  What  is  notice. 

2737.  Presumption  of  <j^ood  faith.  274A.  Bills  payable  on  demand,  &c. 

2738.  Holder  of  collaterals.  ; 

§  2735.  The  Jtona  iide  holder  for  value  of  a  bill,  draft,  or  promis-  „.  ^^  , 

o  ..'  ■>         ^      '         r  Right  of 

sory  note,  or  other  negotiable  instrument,  who  receives  the  same  ^^Jl^J^'' 
before  it  is  due,  and  without  notice  of  any  defect  or  defence,  shall 
be  protected  from  any  defences  set  up  by  the  maker,  acceptor,  or 
endorser,  except  the  following:  1.  Hon  ed  factum.  2.  Gam- 
bling or  immoral  and  illegal  consideration.  3.  Fraud  in  its  pro- 
curement. 

§  273G.  If  the  holder  receives  it,  after  it  is  due,  its  non-pay-  OTcniue  no- 
ment  at  maturity  is  notice  to  him  of  dishonor,  and  he  takes  it 
subject  to  all  the  equities  existing  between  the  original  parties 
thereto;  and  if  there  be  several  notes  constituting  one  transac- one  of  seve- 
tion,  but  due  at  diiferent  times,  the  lact  that  one  is  over  due  and"^'  ' 
unpaid,  shall  be  notice  to  the  purchaser  of  all,  to  put  him  on  his 
guard  as  to  each. 

§2737.  The  holder  of  a  note  is  presumed  to  be  honajide  andpresump- 
for  value ;  if  either  fact  is  negatived  by  proof,  the  defendants  are  faith.    " 
let  in  to  all  their  defences;    such  pre«umption  is  negatived  by 
proof  of  any  fraud  in  the  procurement  of  the  note. 

§2738.  The  holder  of  a  note  as  collateral  security  for  a  debt,  Holder  of 

.  "  collaterals. 

stands  upon  the  same  tooting  as  a  purchaser. 

§  2739.  The  title  of  the  holder  of  a  note  cannot  be  inquired  ^.^^^  ^^^  ^ 
into,  unless  it  is  necessary  for  the  protection  of  the  defendant,  or  j'atj,"*^"''''''^ 
to  let  in  the  defence  which  he  seeks  to  make. 

§27-10,  Any  circumstances  which  would  place  a  prudent  man  wi,at  is no- 
upon  his  guard  in  purchasing  ncgotial)le  paper,  shall  be  sufficient '""''" 
to  constitute  notice  to  a  juirchaser  of  such  paper  before  it  is  due. 

§27-11.  Bills,  notes,  or  other  paper,  payable  on  demand,  are  Bins  p-iya- 
due  immediately.  When  no  time  is  specified  for  the  payment  ofiuiwid,  &c. 
a  bill  or  order,  it  is  due  as  soon  as  presented  and  accepted. 


520 


FT.  2.— TIT.  7.— CHAP.  6.— Contkacis. 


Article  4. — Of  Damages. 


ARTICLE  lY. 


OF   DAMAGES. 


Sbctiox. 
2742.  Damages  on  foreign  bills. 


Sbctiox. 
2743.  If  out  of  the  Confederate  States. 


Damages  on     §  2742.  If  any  bill  of  excliange,  draft,  or  order,  is  made  paya- 
foreign  bills. -j^j^^^  anyplace  ont  of  this  State,  and  within  the  Confederate 
States,  and  the  same  is  retnrned  nnder  protest  for  non-acceptance 
or  non-payment,  the  holder  thereof  shall  be  entitled  to  recover/  of 
the  drawer  and  endorsers  in  the  first  case,  and  the  acceptor  also 
in  the  latter  case,  in  addition  to  the  principal,  interest,  and  pro- 
test fees,  five  per  cent,  on  the  principal,  as  damages  for  non-ac- 
ceptance or  non-payment. 
]f  out  of  the      §2743.  If  such  bill,  draft  or  order,  is  payable  at  a  place  with- 
states.'      out  tlic  limits  of  the  Confederate  States,  the  holder  may  recover 
ten  per  cent,  damages,  as  above,  for  non-acceptance  or  non-pay- 
ment. 


CHAPTER  VII. 

OF  CONTRACTS  OP  INSURANCK. 

Article  1.  Of  fire  insurance. 
Article  2.  Of  life  insurance. 
Article  3.  Of  marine  insurance. 
Article  4.  Of  mutual  insurance. 


ARTICLE  I. 


OF  FIRE  INSURANCE. 


Section. 

2744.  Contract. 

2745.  Interest  of  assured. 

2746.  Insuring  interest  of  anothw. 

2747.  Changing  property. 
274S.  Construction. 

2749.  Loss — what  it  is. 

2750.  Loss  unkno^-n  to  parties. 

2751.  Diligence  by  assured. 

2752.  Application  good  faith. 

2753.  Misrepresentation. 

2754.  Concealment. 

2755.  Willful  misreBrcsentation. 


Sectiok. 

2756.  Increa.sing  risk. 
[  2757.  Alienation. 
I   2758.  Transfer  to  one  of  several. 

2759.  Partial  sale. 
\  2760.  Transfer  after  loss. 

2761.  Or  by  operation  of  law. 

2762.  Second  insurance. 

,   2763.  Prescribing  regulations. 

2764.  Amount  of  recovery, 
i   2765.  Estimated  value. 

2766.  Privilege  of  rebuilding,  &c. 
•  2767.  Recovery  back  by  insurer. 


TT.  2.— TIT.  7.— CHAP.  T.— Contracts.  521 

Article  1. — Of  Fire  Insurance. 

§  2744.  The  contract  of  fire  insurance  is  one  whereby  an  in-  contract 
dividual,  or  company,  in  consideration  of  a  premium  paid,  agrees 
to  indemnify  the  assured  against  loss  by  lire  to  the  property  de- 
scribed in  the  policy,  according  to  the  terms  and  stipulations 
thereof:  such  contract  to  be  binding  must  be  in  writing,  but 
delivery  is  not  necessary,  if  in  other  respects  the  contract  is 
consummated. 

§2745.  To  sustain  any  contract  of  insurance,  it  must  appear  interest  of 
that  the  assured  has  some  interest  in  the  property  or  event  in-^*"' 
sured,  and  such  as  he  represented  himself  to  have.  A  slight  or 
contingent  interest  is  sufficient,  whether  legal  or  equitable,  and 
several  having  different  interests  may  unite  in  procuring  one 
policy ;  so  a  husband  or  parent  may  insure  the  separate  property 
of  his  wife  or  child,  the  recovery  being  held  by  him  in  trust  for 
them,  but  a  mere  expectation  of  an  interest  is  not  insurable. 

§  2740.  If  one  undertakes  to  insure  tlie  interest  of  another,  it  insuring  in- 
must  be  done  by  his  consent,  or  be  subsequently  ratified  by  him,  another, 
but  an   insurer  may  re-insure  to  protect  himself  against  loss  on 
his  contract. 

S  2747.  A  policy  of  insurance  may  be  made  to  cover  property  changing 

*  xit/    property. 

changing  daily  in  its  specific  articles,  as  a  stock  of  goods. 

§2748.  The  contract  of  insurance  should  be  construed  so  asCo^s^rue- 

"  tion. 

to  carr}'  c»ut  the  true  intention  of  the  parties. 

§  2749.  A  loss  or  injury  may  occur  from  fire  without  the  ac-  Loss-what 
tual  l)urning  of  the  articles  or  property,  as  a  house  blown  up  to'*'^' 
stop  a  confiagration,  or  goods  removed  in  imminent  danger,  or 
dama2;ed  bv  water  used  to  extinc-uish  the  tlames. 

S275i».  If  the  loss  has  already  occurred,  and  both  parties  arei-os^nn- 

_  .  .  ,  '  ^  known  to 

ignorant  of  it,  the  contract  is  valid.     Bat  the  slightest  grounds  of '^^'^e  P'""tie8. 
suspicion  known  to  the  insured  will  vitiate  the  contract,  unless 
made  known  to  the  insurer. 

§2751.  The  assured  is  bound  to  ordinary  diliixence  in  protect- ^*''s*nce by 

"  J  r)  I  assured. 

ing  the  propert}'  from  tire,  and  gross  negligence  on  his  part  wiU 
relieve  the  insurer ;  simple  negligence  by  a  servant  or  the  assur- 
ed, unaffected  by  fraud  or  design  in  the  latter,  will  not  relieve  the 
insurer. 

§2752.  Every  application  for  insurance  must  be  made  in  the  AppiiMtion- 
utmost  good  faith,  and  the  representations  contained  in  such  ap-  ^" 
plication  are  considered  as  covenanted  to  be  true  l)y  the  appli- 
cants.    Any  variation  by  which  the  nature  or  extent  or  charac- 
ter of  the  risk  is  clianged,  will  void  the  policy. 


522  PT.  2.— TIT.  7.— CHAP.  7.— Contracts. 

Article  1. — Of  Fire  Insurance. 

Misrepre-  ^  2753.  Any  Verbal  or  written  representations  of  facts  by  the 
assured  to  induce  the  acceptance  of  the  risk,  if  material,  must  be 
true,  or  the  policy  is  void.  If  however,  the  party  has  no  knowl- 
edge, but  states  on  the  representation  of  others,  hona  fide^  and  so 
informs  the  insurer,  the  falsity  of  the  information  does  not  void 
the  policy. 
Conceal-  ^  2754.  A  failure  to  state  a  material  fact,  if  not  done  fraudu- 

^'^^^-  lently,  does  not  void.  But  the  willful  concealment  of  such  a  fact,, 
which  would  enhance  the  risk,  will  void  the  policy. 

S  2755.  Any  change  in  the  property,  or  the  use  to  which  it  is 

Increasing  <->  Jo  i.        v         ^  i 

"*^-  applied,  without  the  consent  of  the  insurer,  whereby  the  risk  is 

increased,  voids  the  policy. 

Willful  mis-      §  275C.  Willful  misrepresentation  by  the  assured  or  his  agent 

represent-  ^^  ^^  ^j^^  interest  of  the  assured,  or  as  to  other  insurance,  or  as 
to  any  other  material  injury  made,  will  void  the  policy. 

Alienation.  §  2757.  An  alienation  of  the  property  insured  and  a  transfer  of 
the  policy  without  the  consent  of  the  insurer,  voids  it.  But  the 
mere  hypothecation  of  the  policy,  or  creating  a  lien  on  the  prop- 
erty, does  not  void. 

Transfer  to       §2758.  A  policy  issuiug  to  several  may  be  transferred  to  one 

one  of  sever- ^^  ^l^g  assured  witliout  the  consent  of  the  insurer. 

Partial  siiie  §2759.  A  partial  sale  of  property  insured,  voids  the  policy 
only  ^.'^'o  tanto.  A  sale  not  fully  executed,  and  possession  remain- 
ing with  the  assured,  does  not  void. 

Transfer  af-       §  2760.  After  tlic  loss  occurs,  a  sale  of  the  property  and  trans- 

ter  io6s.  ^'gj.  Qf  ^jjg  policy  does  not  affect  the  lial>ility  of  the  insurer,  ])ut  the 
assignee  may  recover. 

Or  by  opera-      §-^tU.  A  transfer  of  the  property  or  policy  by  operation  of 

tionoffftw.  \r^y^'^  Qj.  under  the  order  of  the  court,  will  confer  on  tlie  assignee 
all  the  rights  of  the  assured. 

Second insn-     §2702.  A  sccoud  iusurancc  on  the  same  property,  unless  by 

ranoe.         couscut  of  the  insurer,  voids  his  policy. 

Prescribing       §2763.  Every  insurer  has  a  right  to  prescribe  regulations  as  to 

regulations.  jjQ^.j(.g  ^^^^  preliminary  proof  of  loss,  which  must  be  substantially 
complied  with  by  the  assured ;  Provided^  the  same  are  made 
known  at  the  time  of  insurance,  and  are  not  materially  changed 
during  the  existence  of  the  contract.  An  absolute  refusal  to  pay 
waives  a  compliance  with  these  preliminaries. 

Amount  of       §2704.  The  assured  may  recover  the  full  amount  of  his  loss  ; 

r««ovcrj.     JProvlde<L  the  same  is  within  the  amount  insured.     If  he  has  sev- 


PT.  2.— TIT.  7.— CHAP.  7.— Contracts. 


523 


Article  1. — Of  Fire  Insurance. 


eral  policies  on  the  same  property,  the  recovery  from  each  com- 
pany will  hejyro  rata  as  to  the  amount  insured. 

§  2765.  Tli«  value  of  property  is  to  be  estimated  at  the  time  Estimated 
of  the  loss  ;  contingent  profits  are  not  a  part  of  such  value. 

§  2766.  The  privilesre  of  rebuildino;  or  re-instatinc^  the  proper-  Privilege  of 

^  iT'i  '  -r  ^   rebuilding. 

ty  must  he  reserved  m  the  policy,  or  it  does  not  exist,  in  such 
cases,  the  assured  has  no  claim  for  rents  if  done  within  a  reason- 
able time,  nor  the  insurer  for  increased  value,  from  the  fact  of 
new  and  more  valuable  materials. 

§  2767.  If  after  payment  of  the  loss  the  insurer  discovers  evidence  Recovery 
to  show  himself  not  liable  on  the  policy,  he  may  recover  back  the  surer. 
money  in  an  action  for  money  had  and  received. 


AKTICLE  II. 


OF  LIFE  INSURANCE. 


Section. 

2768.  Contract. 

2769.  By  whom  taken. 

2770.  To  whom  to  be  paid. 


I  Section. 

j  2771.  Principles  of  Fire  Insurance,  &c. 
j   2772.  Self-caused  death,  releases. 
2773.  Time — how  counted. 


§  2768.  An  insurance  upon  life  is  a  contract  by  wliich  the  in-  contwct. 
surer,  for  a  stipulated  sum,  engages  to  pay  a  certain  amount  of 
money  if  another  dies  within  the  time  limited  by  the  policy.  The 
life  may  be  that  of  the  assured  or  of  another,  even  if  a  slave,  in 
whose  continuance  the  assured  has  an  interest. 

§2769.  Contracts  of  life  insurance  can  be  taken  only  by  per- By -whom 
sons  or  corporations  specially  authorized  so  to  do  by  law. 

§2770.  Tlie  assured  may  direct  the  money  to  be  paid  to  his  To  whom  to 

1  .  1  .  .1  1  •         1  -1  1  be  paid. 

personal  representatives,  or  to  ins  widow,  or  to  his  children,  or 
to  his  assignee.  And  upon  such  direction  given  and  assented  to 
by  the  insurer,  no  otlier  person  can  defeat  the  same.  But  the  as- 
signment is  good  without  such  assent. 

§  2771.  The  principles  before  stated  as  to  fire  insurance  where-  Fire  insu- 
ever  applicable,  are  equally  the  law  of  life  insurance.  cable. 

§2772.  Death  by  suicide,  or  by  the  hands  of  iustice,   either  seir-caused 

•'  .  .»  '  deatli  releas- 

punative  or  preventive,  releases  the  insurer  from  the  obligation  ^■^■ 
of  his  contract. 

§2773.  A  policy  of  life   insurance  runs  from  raid-day  of  the  Fines-^iow 

If.,,.  counted 

date  01  the  policy,  and  the  time  must  be  estimated  accordingly, 
if  the  policy  is  limited  to  a  specified  number  of  years. 


524 


FT.  2.— TIT.  7.— CHAP.  7.— Contracts. 


Article  3. — Of  Marine  Insurance. 


ARTICLE  III. 


OF  MARINE  INSURANCE. 


Contract. 


rrnlawfnl 
I'omtncrct 


Double  in- 
surancv. 


Section. 

2774.  Contract. 

2775.  Unlawful  comnsorco. 

2776.  Double  insurance. 

2777.  Implied  warranty. 

2778.  Illegal  voyage. 
277n.  Donation. 


Section. 

2780.  Perils  of  the  sea. 

2781.  Continuance  of  risk. 

2782.  Increase  of  ri.sl<. 
278.1.  Open  policy. 

2734.  Value — how  ascertained. 
2785.  Former  rules  applicable. 


Implied 
warrantT. 


Illegal    voy- 
age. 


Deviation, 


Terils  of  tlie 
eea. 


§2774.  A  contract  of  marine  insurance,  i.s  one  by  which  a 
person,  or  corporation,  for  a  stipulated  premium,  insure.-^  another 
against  losses  occuring  by  the  casualties  of  the  sea. 

§  2775.  Proliibited  or  illegal  commerce,  or  commerce  with  an 
enem}'^,  or  goods  contraband  of  war,  are  not  thesubject  of  marine 
insurance. 

§2776.  Double  marine  in^^urance  may  be  obtained  by  a  party 
having  an  insurable  interest,  but  in  case  of  loss,  he  can  recover 
from  both  companies  only  the  full  value  of  such  interest ;  and  if 
one  underwriter  pays  the  whole  amount,  he  is  entitled  to  con- 
tribution from  the  others. 

§  2777.  The  assured  impliedly  warrants,  that  the  shij)  is  sea 
worthy,  and  shall  not  be  changed,  except  from  necessity,  and  that 
she  shall  be  employed,  conducted  and  navigated,  with  reasonable 
skill  and  according  to  law. 

§2778.  The  illegality  of  the  voyage,  whether  known  to  the 
assured  or  not,  renders  the  contract  void. 

§2779.  A  deviation  from  the  voyage,  if  voluntary,  and  not 
from  necessity,  voids  the  policy.  This  necessity  may  arise  from : 
1.  Stress  of  weather  2.  "Want  of  necessary  repairs.  3.  Joining  con- 
voy. 4.  Succoring  ships  in  distress.  5.  Avoiding  capture  or  deten- 
tion. 6.  Sickness  of  master  or  crew.  7.  Mutiny  on  board.  8.  Any 
similar  cause  founded  upon  reason. 

§  2780.  The  "perils  of  the  sea,"  comprehend  all  those  misfor- 
tunes, to  which  goods  and  ships  at  sea  are  exposed  from  earth, 
air,  fire  or  water.  Loss  from  enemies  is  not  included,  unless 
expressly  named.  The  negligence  or  imskillfulness  of  masters  or 
mariners,  is  not  included  in  a  policy  on  the  ships  or  goods  be- 
longing to  the  owners  of  the  vessel.  If  loss  occurs  to  third  per- 
sons therefrom,  the  underwriter  may  recover  from  the  owner  of 
the  ship  the  amount  paid  by  him. 


PT.  2.— TIT.  7.— CHAP.  7.— Contracts. 


525 


Article  3. — Of  Marine  Insurance. 


§  2781.  Generally  the  risk  continues  till  the  ffoods  are  delivered  cononu&nw 

c  .J  ~  of  risk. 

on  shore  at  the  port  of  destination,  or  to  others  by  direction  of 
the  assured. 
§2782.  Any  change  by  ^yhich  the  risk  is  increased  yoids  the  increase  of 

, .  '  '  risk. 

policy. 

§  2783.  An  open  policy  is  where  the  amount  of  tlie  interest  ot  open  p^ncy. 
the  assured  is  not  tixed  by  the  policy,  but  is  left  to  be  adjusted 
in  case  of  loss  ;  such  policies  may  issue  in   blank,  to  be  filled  by 
the  insured  as  new  risks  may  be  desired. 

§  2784.  The  value  stated  in  a  policy,   is  always  subject  to  be  vainc— how 
reduced  by  ^jroof. 

§  2785.  The  rules  as  to  warranties,  misrepresentations    and  F( 


ascertained. 


<  orincr 

concealments,  are  the  same  in  marine,  as  in  fire  insurance.  cabie."^' 


ARTICLE  IV. 

OF  MUTUAL  INSURANCE. 


Section. 
278G.  Contract. 

2787.  By-laws. 

2788.  Officers,  h gents  of  all. 


Section. 

2789.  Liability  for  reducing  funds. 

2790.  Stricter  good  faith. 

2791.  Agents  of  foreign  companies. 


§  2786.  The  contract  of  insurance  is  sometimes  upon  the  idea  contract, 
of  mutuality,  by  which  each  of  the  assured  becomes  one  of  the 
insurers,  thereby  becoming  invested  in  the  profits,  and  liable  for 
the  losses ;  without  a  charter,  such  an  organization  would  be 
governed  by  the  general  law  of  partnership,  when  incorporated 
they  are  subject  to  the  terms  of  their  charter. 

§2787.  The  rules  and  regulations  of  such  a  company,  adopted  By-iaws. 
in  pursuance   of  the  charter,  becomes  a  part  of  each  policy,  and 
all  the  assured  are  presumed  to  have  notice  thereof.     But  new 
conditions  cannot   be  annexed  to  the  policy,  after  it  is  issued, 
except  by  the  consent  of  the  assured. 

§  2788.  The  ofiicers  of  such  a  company  are  the  agents  of  all  officers. 
the  assured,  and  to  the  effect  of  their  misconduct  or  neo-lect, 
shall  afi['ect  each,  upon  the  general  principles  governing  principal 
and  agent,  except  as  to  the  transaction  of  making  the  contract 
of  insurance ;  up  to  the  time  of  its  execution,  the  assured  stands  as 
a  thivd  party,  and  the  officer  issuing  the  policy  acts  for  those 
already  in  the  company. 


a^eats  of  ail. 


526  PT.  2.— TIT.  7.— CHAP.  7.— Contracts. 


Article  4. — Of  Mutual  Insurance. 


Liability  for     |  2789.  If  a  mutual  insurance  company,  by  dividends,  reduces 
funds.        its  available  fimds  below  the  point  of  remaining  able  to  meet  all 
losses  occuring  on  policies  tlien  in  existence,  the  directors  of  such 
company  primarily,  and  the  parties  receiving  the  dividends,  ul- 
timately and  ^>/Y>  rata^  shall  Ije  liable  individually,  jointly  and 
severally,  for  the  amount  of  such  unpaid  losses, 
etrictergood     §2790.  A  stHcter  good  faith,  as  to  representations  and conceal- 
*^'""'"  ments,  siiould  be  required  in  mutual  insurances  than  in  any  otlier 

similar  contracts. 
Agencies  of     §2791.  Agents  of  all  foreign  insurance  companies  must  obtain 
j!ani5" """"'" '^  license  before  taking  insurance  in  tliis  State,  under  the  penal- 
ties, and  in  accordance  with  the  jn'ovisions  of  this  Code. 


CHAPTER  VIII. 

OF  DEFEN'CES  TO  CONTRACTS. 

Akticlk  1.  Denial  of  the  contract. 

Article  2.  Denial  of  its  obligation,  ttc. 

Article  3,  Payment  and  liercin  of  appropriation  of  i^ayments. 

Article  4.  Performance  and  herein  of  tender. 

Article  5.  Accord  and  satisfaction. 

Article  6.  Arbitrament  and  award. 

Article  7.  Pendency  of  another,  tire. 

Article  8.  Set-oft'  and  i-ecoupment. 

Article  9.  Limitation  of  actions. 


ARTICLE  I. 

DEXIAL  OF  THE  COXTRACT. 

Section.  j  Section. 

2792.  Non  est  factum.  2795.  Preliminary  proof. 

2793.  Effect  of  alteration.  '  2796.  Endorsement,  &c.  # 

2794.  By  whom  tried.  1  r 

turn  **'•''''*'"  §  2792.  A  party  may  deny  the  original  execution  of  the  con- 
tract sought  to  be  enforced,  or  its  existence  in  the  shape  then 
subsisting.  In  either  event,  if  the  contract  be  in  writing  and  so 
declared  upon  the  denial,  must  be  on  oath  and  filed  at  the  first 
term  after  service  is  perfected. 

fewitfon!*'"       §2793.  If  a  written  contract  be  altered  intentionally,  and  in  a 


PT.  2.— TIT.  7.— CHAP.  S.— Contracts.  52: 


Article  I. — Denial  of  the  Contract. 


material  part  thereof,  hx  a  person  claimins:  a  benefit  under  it, 
with  intent  to  defraud  the  other  party,  such  alteration  voids  the 
whole  contract  at  tlie  option  of  the  other  party.  If  the  altera- 
tion be  unintentional,  or  by  mistake,  or  in  an  immaterial  matter, 
ov  not  with  an  intent  to  defraud,  if  the  contract  is  originally  ex- 
ecuted, can  be  discovered,  and  is  still  capable  of  execution,  it 
will  be  enforced  by  the  court.  If  the  alteration  be  made  by  a 
stranger,  and  not  at  the  instance,  or  by  collusion  of  a  party,  or 
privy,  if  the  original  words  can  still  be  restored,  the  contract  will 
be  enforced. 

§2794.  The  materiality  of  an  alteration  is  a  question   of  law.  isy  "hom 
The  lact  ot  an  alteration  is  a  question  for  the  jury. 

§2795.  If  the  contract  is  not  set  forth  as  the  basis  of  the  ac- ProihniDary 
tion,  so  as  to  require  a  denial  on  oath,  an  alteration  in  a  material 
part  requires  explanation  l»efore  it  can  be  admitted  as  evidence. 
This  preliminary  proof  is  submitted  to  the  court. 

§2790.  An  endorsement  or  assignment  of  any  lull,   l)ond  orEndorse- 

11  •  1111  1  '"^°*'  ^"-^ 

note,  when  the  same  is  sued  l)y  the  endorsee,  need  not  be  proved,  not  to  be 

unless  denied  on  oath. 


ARTICLE  II. 

DENIAL  OF  TPIK  OBLIGATION  OF   A  CONTRACT,  EITHER  ORIGINALLY 
OR  BY  SUBSEQUENT  ACT  OF  THE  OPPOSITE  PARTY. 


Section'. 

2801.  Witiiout  consent. 

2802.  Covenant  not  to  sue. 


■Section'. 

2797.  Denial  of  oblitration. 

2798.  Coiidition-g. 

2799.  Dependent  covenants.  j  2803.  Release. 

2800.  Rescission.  J  2804.  Intermarriage. 

§2797.  Any  fact  going  to  show  that  the  original  contract  was  Denial  of 
not  obligatory,  though  executed,  may  be  set  up  as  a  defence.        "^igatioD. 

§2798.  A  condition  precedent  or  subsequent,  not  complied  con<iitioiis. 
Avith,  want  or  failure  of  consideration,  or  any  act  of  the  opposite 
party,  by  which  the  obligation  of  the  contract  has  ceased,  may 
be  pleaded  as  a  defence. 

§  2799.  Where  covenants  are  dependent,  the  failure  of  per-  Dop'-ndent 
formance  by  the  opposing  party  may  be  a  good  defence.  <ovoDants. 

§  2800.  A  rescission  of  the  contract  by  consent,  or  a  release  by  ucsoission. 
the  other  contracting  party,  is  a  complete  defence. 

§  2801.  In  some  cases  a  party  may  rescind  without  the  consent  without 
of  the  opposite  party  for  non-performance  by  him  of  his  cove- '"'"^^°*' 


528 


PT.  2.— TIT.  C— CHAP.  S.— Contracts. 


Article  2. — Denial  of  the  Obligation  of  a  Contract,  &c. 


nants ;  but  this  can  be  done  only  when  both  parties  can  be  re- 
stored to  the  condition  in  which  thev  were  before  the  contract 
was  made. 

§  2802.  A  covenant  never  to  sue  is  equivalent  to  a  release  ;  so 
also  a  bond  to  indemnify  the  del)tor  against  his  own  debt. 

§  280-3.  A  release  sometimes  results  as  an  operation  of  law,  as 
when  a  creditor  releases  another  who  is  bound  jointly  with,  or 
primarily  to  the  debtor,  or  acce])ts  from  the  debtor  a  higher  se- 
curity for  the  same  debt  not  intended  to  be  collateral,  thereto. 

§  2804.  Intermarriage  of  the  parties  generally  releases  a  debt, 
but  such  is  not  the  effect  when  the  bond  or  obligation  is  given 
in  contemplation  of  marriage. 


Covenant 
Bot  to  sue. 


Release. 


Intermiir- 
riage. 


AKTICLE  III. 

OF  PAYMENT  AND  HEREIN  OF  APPROPRIATION  OF  PAYMENTS. 


Payment 
geucrally. 


To  naked 
trustee. 


By  post. 


Bank  bills, 
checks  and 
notes. 


Stakeholder, 


Section'. 
2805.  Paj'inent  generally. 
280G.  To  naked  trustee. 
2807.  By  post. 


Sectiox. 

j   2808.  Bank  bills. 
'   2809.  Stakeholder. 
2810.  Appropriation  of  payments. 


§  2805.  Payment  of  money  due  to  the  creditor  or  his  author- 
ized or  general  agent,  or  one  whom  the  creditor  accredits  as 
agent,  though  he  may  not  be  so,  or  to  his  partner  interested  with 
him  in  the  money,  shall  be  good ;  and  if  such  agent  receives  pro- 
perty other  than  money  as  money,  the  creditor  is  bound  thereby. 

§  2806.  Payment  to  a  nominal  party,  or  a  naked  trustee,  with- 
out authority  to  receive,  if  made  collusively  and  with  intention 
to  defeat  the  true  owner,  shall  have  no  effect. 

§  2807.  Payment  by  i)Ost  is  at  the  risk  of  the  sender,  unless 
done  by  direction,  either  express  or  implied,  of  the  creditor  or 
his  agent. 

§  2808.  Bank  bills,  if  received  in  payment,  are  warranted  by 
the  payer  to  be  genuine,  and  that  as  far  as  he  knows  the  bank  is 
solvent.  Bank  checks  and  promissory  notes  are  not  payment 
until  themselves  paid. 

§  2809.  A  stakeholder  of  money  risked  on  a  wager  is  bound  to 
re-pay  to  the  party  depositing  at  any  time  he  may  demand  it, 
before  it  is  actually  paid  over  to  the  winner ;  but  if  paid  over  to 
the  winner  hanajide,  and  without  notice  of  the  depositor's  in- 
tention to  retract,  this  payment  is  a  protection. 


FT.  2.— TIT.  7.— CHAP.  8.— Contkacts.  529 

Article  3. — Of  Payment,  and  herein  of  Appropriation  of  Pa}Tnei  ts. 


§2810.  When  a  payment  is  made  by  a  debtor  to  a  creditor  Appropria- 

*  *  .  ,.  Ill  1  1  1  *'on  of  pay- 

lioldmg  several  demands  agamst  mm,  tlie  debtor  has  tlie  right  to  i"ents. 
direct  tlie  claim  to  which  it  shall  be  appropriated.  If  he  fails  to 
do  so,  the  creditor  has  the  right  to  appropriate  at  his  election. 
If  neither  exercises  this  privilege,  the  laAv  will  direct  the  appli- 
cation in  sncli  manner  as  is  reasonable  and  ecjuitable,  both  as  to 
the  parties  and  third  persons.  As  a  general  rule,  the  oldest  lien 
and  the  oldest  item  in  an  account  will  be  first  paid,  the  presump- 
tion of  law  being  that  such  would  be  the  fair  intention  of  the 
parties. 


ARTICLE  IV. 

OF    PERFORMANCE  AND  HEREIN  OF  TENDER. 

Section.  Sectiox. 

2811.  Pcrformauce.  |   2815.  Tender. 

2812.  Impossibilit}^  of  performance.  I   281G.  Of  specific  articles. 

2813.  Part  performance.  i   2817.  Rea.?onable  demand. 

2814.  Fault  of  otlier  party.  |   2818.  Effect  of  tender. 

§2811.  Performance,   to  be  eifectual,   must   be  by  the  party  performaae* 
bound  to  perform,  or  his  agent,  (where  personal  skill  is  not  re- 
quired) or  some  one  substituted,  by  consent,  in  his  place.     It 
must  be  a  substantial  compliance  with  the  spirit,  and  not  the  let- 
ter only,  of  the  contract,  and  done  within  a  reasonable  time. 

§  2812.  If  such  a  performance  is  impossible,  and  becomes  so  by  impossibiu- 
the  act  of  God,  such  impossibility  is  itself  a  defence  equivalent  formaSce' 
to  performance;  but  if  by  proper  prudence  such  impossibility 
might  have  been  avoided  by  the  promiser,  it  ceases  to  l)e  an  ex- 
cuse for  non-performance. 

§  2813.  In  a  severable  contract,  or  one  admitting  of  apportion- Part  perfor- 
ment,  a  part  performance  may  be  a  defence ^>r(9  tanto.  mances. 

§  2814.  If  the  non-performance  is  caused  by  the  act  or  fault  of  ^   „  ,  „ 
the  opposite  party,  that  excuses  the  other  party  from  perform- "  r'''""'^- 
ance. 

§  2815.  A  tender  properly  made  may  be  equivalent  to  perform- Tender, 
ance;  if  in  money,  the  coin  need  not  be  actually  presented,  un- 
less demanded;  it  must  be  certain  and  unconditional,  except  for 
a  receipt  in  fidl  or  delivery  of  the  obligation,  and  may  be  made 
by  an  agent  or  friend,  and  to  an  agent  authorized  to  receive.  It 
must  be  in  full  of  the  specific  debt,  and  not  it  part,  and  may  be 
34 


530  PT.  2.— TIT.  7.— CHAP.  S.— Contracts. 


Article  4.^0f  Performance,  and  herein  of  Tender. 


artieles. 


made  at  any  time  before  final  trial,  and  if  sustained,  no  subse- 
quent cost  shall  be  paid  by  the  defendant;  if  rejected,  and  not 
on  any  ground  of  informality,  such  informality  cannot  be  after- 
wards urged  in  objection  to  the  tender. 

Of  spccinc  §  -!^16.  A  tender  of  specific  articles  must  be  such  as  to  enable 
the  party  to  whom  tendered  to  take  immediate  possession,  and  at 
the  time  and  place  agreed  on  m  the  contract.  If  no  place  is 
agreed  on  they  must  be  carried  to  the  }»erson  entitled  to  them, 
if  residing  within  this  State,  unless,  from  the  nature  of  the  arti- 
cles, or  the  contract,  another  place  of  delivery  be  inferred.  If  the 
articles  be  cumbrous,  the  deliverer  may  demand  of  the  receiv- 
er to  appoint  a  convenient  place  of  delivery,  and  on  failure  to 
do  so  the  tender  shall  be  considered  complete. 

§2817.  If  the  promise  be  to  deliver  on  demand,  the  demand 

demaBd.  niust  be  reasonable  as  to  time,  place,  and  manner;  if  the  prom- 
ise be  to  deliver  at  a  certain  time  and  j)lace,  a  tender  at  the  time 

Tender  at  ^      i  •  i       i  i       i  •  •  !l  j. 

place.         and  place  is  good,  though  the  receiver  is  not  present. 

,._  ,  ,,         ^  2818,  A  valid  tender  of  chattels  transfers  the  title  thereto  to 

Effect  of  ten-        o 

'^"-  the  ]>erson  bound  to  receive,  and  the  p(»ssession  of  the  prumiser, 

if  he  retains  possession  from  that  time,  is  for  the  l)enefit  of  the 
owner,  Init  without  liability  to  account  for  profits,  or  for  more 
than  ordinary  prudence  in  tlieir  j»reservation  and  protection. 


KeaBoiiablu 


ARTICLE  Y. 

ACCORD  AND  SATISFACTION. 

Section.  j  Section. 

2819.  What  is  accord  and  satisfaction.  |   2822.  Less  than  dei>t  !.•<  not. 

2820.  When  an  extinguishment.  ,   2823.  Compromi.se. 

2821.  Must  be  of  benefit  to  creditor.  I 

wh.it  is  ac-       §  2819.  Accord  and  satisfaction  is  where  the  jtarties,  l)y  a  sub- 
[rr^uon.*"'  sequent  agreement,  have  satisfied  the  former  one,  and  the  latter 
agreement  has  been  executed.     The  execution  of  a  new  agree- 
ment may  itself  amount  to  a  satisfaction,  where  it  is  so  expressly 
agreed  by  the  parties,  and  with(Hit  such  agreement,  if  the  new 
promise  is  founded  on  a  new  consideration,  the  taking  of  it  is  a 
satisfaction  of  the  former  contract. 
When  unci-     §2820.  An  accord  and  satisfaction  may  not  amount  to  an  ex- 
mMt!*^"     tinguishment  of  the  original  debt,  but  may  extend  only  to  sus- 
pend the  execution  or  collection  thereof  for  a  limited  time;  in 
the  meantime  an  action  cannot  be  sustained. 


Article  5.— Accord  and  Satisfaction^  "~ 

tall!!',  i  '^''' T^"*^  '^'■^^'i^^^^^^^^^^^^^i^^^^.A^^^:^^::!;::; 

taelega  or  equitable,  to  the  creditor,  or  it  will  not  have  thec'S!" 
,™„t   ;;       [""%  T-  f°"' ''"  '^*'"  ">'"^-     Tl.e  ack„owled«. 

would  be  ^iicli  an  advantage. 

§  i\si>2.  An   agreement  by  a  creditor  to  receive  le^.  than  tl.Pr      , 
amount  of  his  debt  cannot  be  pleaded  as  an  accord    nd    at    tt-"'^-- 
.on  unless  .t  be  actually  executed  by  the  payment  of  the  m;ney 
e  gnang  of  additional  security,  or  the  substitution  of  1 
other  debtor,  or  some  other  neu'  consideration. 

§i^S23.  A  compromise,  or  mutual  accord  and  satitapfinn    ,-^ 
bmding  on  the  parties.  satitac^ion,  is  compromise 


ARTICLE  \\. 

ARBITRAMEXT  AXD  AWARLX 

Skctiox.  ,„ 

2826.  Of  the  s,.hmission.  s',   "  rJ  '  T""'- 

2s5a  a:;::;;:      "■        i  ''''■  ^'^'^'■ 

§  2.S24    Parties  disagreeing  as  to  their  nV^hts  or  liabilities  nviv 

%T.o^    P       ^'''  ^'  ^"^^'"^^  "^  *^^  P^^-^^"«  submitting. 

.    ^,:.  .^"^^^-diai.s,  trustees,  executors,  or  administrators  mav 

in  good   taith,   and  with  DI-OHPI-    ,nMi.U  ,        •       '"^^'^^^^^^  "^"^J  ^  Trustors 

the  ui.ttPr^     aii^Mtiipiopei  i>nidence,  submit  to  arbitration -'^ -'>-»• 
reprint    ^^         controversy  m  connection  with  the  estate  they 

§  2S2*K  A  submission  may  be  in  doiv.I    n,wi  fi.  j     ,       , 

verbal,  when  the  n.atters  /n  di^nird  \    tl      eTirtat^  Ic'-- ^^ 
sum  ot  five  hundred  dollars,  but  all  submissions  by  llo      a 

Sirs;,!^ ""°™'  '""^' "" '"  -'^"■-  -^'  '^^  — ^  -; 

§2827.  Arbitrators  should  not  exceed  thplr«nfi.^.v  ,    , 

award  should  cover  all  n.attcrs  subn  tted  a^  J^X  be  t:    1  "  "^^^^^^^^ 
ed  m  accordance  with  the  tenns  of  the  s„b:;fsion;  T  tS:?""""'' 
covers  too  much,  and  the  excessive  uart  can  1,„  f 

the  other,  that  which  is  good  shall  re.nat  talid        ''"'''  "■"'" 

§2*28.  Under  a  general  sulnnission  the  arbitrators  are    bonn 


532 


PT.  2.— TIT.  7.— CHAP.  8.— Contracts. 


Article  6. — Arbitrament  and  Award. 


General  sub- 
mi  seion. 


Award. 


Maybe  valid 
in  part  only. 


Award  by 
umpire. 


Beferenco 

fiend  enle 
ite. 


Scttinp  aside 
an  award. 


Fraud. 


to  decide  only  those  matters  brought  to  their  consideration  by 
the  parties. 

§  2829.  The  award  must  be  certain  and  iinal,  although  it  may 
be  in  the  alternative;  it  must  be  i)0ssible  and  reasonable,  and 
must  be  made  by  the  arbitrators  themselves,  or  the  umpire  pro- 
vided for  in  the  submission,  and  not  by  other  persons. 

§  2830.  If  an  award  be  defective  in  part,  that  "which  is  valid, 
if  capable  of  separation,  shall  stand. 

§  2831.  If  an  umpire  be  provided  for  in  the  ^ubmission,  au 
award  by  him  alone,  or  jointly  with  the  arbitratoi-s,  will  be  good. 

§  2832.  Pending  litigation  may  be  referred  to  arbitration,  un- 
der an  order  of  court,  by  consent  of  parties,  and  the  aMard,  when 
rendered  may  be  made  the  judgment  of  the  court. 

§2833.  To  sustain  an  award,  no  unfair  advantage  should  be 
iriven  to  either  i)arty  in  the  hearing  of  the  case  or  the  rendering 
of  the  award.  A  palpable  mistake  of  law,  or  a  reference  of  any 
matter  to  chance  or  lot,  would  vitiate  an  award. 

§2834.  Fraud  in  the  arbitrators,  or  in  either  party  in  obtain- 
ing an  award,  would  set  it  aside. 


ARTICLE  VII. 


OF  PENDENCY  OF  ANOTHER  ACTION  AND  FORMER  RECOVERY. 


Plaintiff  re- 
quired tu 
elect 


Section. 

2835.  Plaintiff  required  to  elect. 

2836.  Attachment  excepted. 

2837.  Suits  bv  informers. 


Sectiok. 

2838.  Former  judgment. 

2839.  Parol  evidence  admissible. 


Attachment 
excepted. 


Suits  by  in- 
formere. 


§  2835.  Xo  suitor  is  entitled  to  prosecute  two  actions  in  the 
courts  of  this  State  at  the  same  time  for  the  same  cause  and 
airainst  the  same  party,  and  in  such  a  case  the  defendant  may  re- 
(juire  the  plaintiff  to  elect  which  he  will  prosecute,  if  commenced 
simultaneously  ;  and  the  pendency  of  the  former  is  a  good  defence 
to  the  latter,  if  commenced  at  different  times. 

§  2830.  This  rule  does  not  apply  to  a  prior  attachment  against 
property  where  the  defendant  is  subsequently  served  personally, 
nor  to  an  attachment  sued  out  jyend^nte  lite.  But  the  judgment 
in  the  case  against  the  person  must  set  out  the  fact  of  its  identity 
with  the  proceeding  against  the  property. 

§  2837.  In  suits  by  informers,  the  tirst  filed  in  ofiice  has  prece- 
dence for  the  same  cause  of  action,  and  the  latter  must  abate. 


PT.  2.— TIT.  7.— CHAP.  8.— Contracts.  583 


Article  7. — Of  pendency  of  another  Action  and  former  Recovery. 


§  2S3S.  An  adjudication  of  the  same  subject  matter  in  issue  "i^'^'^^^^ 
a  former  suit  between  tlie  same  parties,  by  a  court  of  competent" 
jurisdiction,  should  be  an  end  of  litigation. 

§  2839.  Parol  evidence  is  admissible  to  show  that  a  matter  ap-  Paroi  evi- 

"^  nil       rten«o  ad- 

parently  covered  by  the  judgment  M-as  really  not  passed  upon  by  missibio. 
the  court. 


ARTICLE  VIII. 

OF  SET-OFF  AND  RKCOUPMKXT. 


Section. 
2840.  Set-off. 


Sectio.v. 
2847.  Valuable  improvements. 


2841.  What  mav  be.  2848.  Effect  of  dismissal 


2842.  Mutual  debt. 

284o.  Judgments. 

2844.  Set-off  I's.  cestui  que  trust. 

2Mb.  Set-off  against  negotiable  note. 

2846.  Against  testator  or  inte.state. 


2849.  Debts  not  due. 

2850.  Recoupment. 

2851.  Difference  from  set-off. 

2852.  For  what  it  lies. 

2853.  When  it  lies. 


§2840.  Set-oft"  is  a  defence  which  goes  not  to  the  justice  ofset-oa-. 
plaintiff's  demand,  but  sets  up  a  demand  against  the  plaintift*  to 
counterbalance  his  in  whole  or  in  part. 

§2S'il.  Between  the  parties  themselves  any  mutual  demands  what  majr 
existing  at  the  time  of  the  commencement  of  the  suit  may  be  set- 
off. 

§2842.  Set-oft' nnist  be  between  the  same  parties  and  in  their  Mutual 
own  right.  If  originally  otherwise,  but  at  the  commencement  of 
suit  equitably  within  this  rule,  they  may  be  set-oft'.  Thus,  a 
claim  against  a  partnership  may  be  set-oft*  against  a  surviving 
partner  in  a  suit  brought  in  his  own  right,  and  a  debt  due  to  prin- 
cipal may  be  set-oft'  in  a  suit  against  principal  and  surety. 

§2843.  Judgments  in  the  same  court  maybe  set-off  against  Judgments, 
each  other  on  motion,  the  l)alance  on  the  larger  being  collectable 
under  execution.     The  rights  of  an  assigneee  shall  not  be  inter- 
fered with  \^l>ona  fide  and  for  value. 

§2844.  If  the  plaintift"  sues  for  the  benefit  of  another  person,  sot-offw. 
a  set-oft'  acrainst  the  beneficiary  shall  be  allowed.  trast*^"* 

§  2845.  "When  a  negotiable  paper  is  sued  by  a  holder  or  endor-  set-off 
see,  received  under  dishonor,  no  set-off  is  allowed  against  the  gouabie note 
original  payee  except  such  as  is  in  some  way  connected  with  the 
debt  sued  on,  or  the  transaction  out  of  which  it  sprung. 


534  PT.  2.— TIT.  7.— CHAP.  8.— Contracts. 


Article  8. — Of  Set-off  and  Recoupment. 


Anainet  tes-      §  2840.  A  debt  of  a  testator  or  intestate  is  not  a  proper  set-off 

tator  or  in-"-.  i        •  i        ^  ./., 

testate.       agaiDst  a  debt  contracted  witli  tlie  representative  <ji  tiie  estate. 

But  it  is  otherwise  if  both  were  contracted  dnring  the  life  time 

of  the  decedent. 
Vftiaabie         §  2847.  Against  a  claim  for  mesne  j)rolits,  the  value  of  improve- 
ments.        ments  made  by  one  oona  jide  m  possession  under  a  claim  ot  right, 

is  a  jiroper  subject  matter  of  set-oflf". 
Efifectof  8  2848.  After  a  plea  of  set-off  is  tiled,  the  plaintiff  may  not  dis- 

diBmiesal.  *-■  ^  _  ^  •' 

miss  his  action  so  as  to  interfere  with  such  plea,  unless- by  leave 
of  the  court  on  sufficient  cause  shown,  and  on  terms  prescribed 
by  the  court. 

Debts  not  §2840.  If  a  plaintiff  resides  without  this  State,  or  is  insolvent, 
the  defendants  may  set-off  against  him  a  debt  not  due,  under 
such  equitable  terms  as  may  be  prescribed  by  the  court. 

Eecoupment  §2850.  Kecoupuient  is  a  right  of  the  defendant  to  haxe  a  de- 
duction from  the  amount  of  the  plaintiff's  damages,  for  the  rea- 
son, that  the  plaintiff  has  not  complied  with  the  cross  obligations 
(jr  independent  covenants  arising  under  the  same  contract. 

piffcrcnce        §  2851.  It  differs  from  a  set-off  in  this  :  the  former  is  confined 

Irom  Bet-on. 

to  the  contract  on  which  plaintiff  sues,  while  the  latter  includes 

all  mutual  debts  and  liabilities. 
Forwhatit       §2852.  liecoupiiient  lies  for  overj>ayments  by  defendant,  or 

payments  by  fraud,  accident  or  mistake. 
Where  it  §  2853.  Recoupment  may  be  pleaded  in  all  actions  ex  contractu^ 

where  from  any  reason,  the  plaintiff  under  the  same  contract,  is 

in  good  conscienc;e  liable  to  defendant.* 


Ues. 


*For  further  provi.sions  as  to  ?ct-off  and  recoupment,  see  Part  3,  Title  3.  Chapter  1. 


PT.  2.— TIT.  7.— CHAP.  S.— ART.  9.— Contraots.  535 


Section  1. — Periods  of  Lmiitaticn. 


ARTICLE  IX. 

LIMITATION  OF  ACTIONS  ON  CONTRACTS. 
Section  1.  Periods  of  limitation. 
Section  2.  Exceptions  and  disabilities. 
Section  3.  New  }:)romise. 


SECTION  I. 

PERIODS  OF  LIMITATION. 

Section.  JSectio)}. 

2854."  On  foreign  men.  I  2861.  Certiorari. 

2855.  Pomestio  judgment.  |  2862.  Writs  of  error. 

2856.  On  specialties.  '  286.3.  Executors,  administrators,  A(\ 

2857.  Statutory  rights.  2864.  Oilier  actions  ex  contractu. 

2858.  Simple  contracts  .  2865.  i^ood  in  efjuity. 

2859.  Open  accounts.  I  2866.  Suits  by  informers. 

2860.  Bills  of  review  and  for  new  trial,  j 

§2854.  All  suits  upon  judgments  obtained   out  of  this  State,  on  foreign 
shall  be  brought  within    live    years,    after    sucli    judgment   is 
obtained. 

§2855.  No  judgment  hereafter  obtained  in  the  courts  of  this  Domestic 
State,  shall  be  enforced  after  the  expiration  of  seven  years  from 
the  time  of  its  rendition,  when  no  execution  has  Iieen  issued 
upon  it ;  or  when  execution  has  been  issued,  and  seven  years 
shall  have  expired  from  the  time  of  the  last  entry  upon  the  ex- 
ecution, nuide  by  an  officer  authorized  to  execute  and  return  the 
same ;  smdi  judgments  may  be  revived  by  ^cire  facias,  or  be 
sued  on,  within  three  years  from  the  time  they  become  dormant. 

§  2850.  Actions  upon  Ijonds  or  other  instrimients  under  seal,  oh  sppmi- 
sliall  be  brought  within  twenty  years  after  the  right  of  action  ^^^'^' 
accrues,  but  no  instrument  shall  be  considered  under  seal,  unless 
so  recited  in  the  body  of  the  instrument. 

§2857.  All  suits  for  the  enforcement  of  riglits  accruing  to  indi- statutory 
viduals  under  statutes,  acts  of  incor})orati(>n,  or  by  operati(ui  of""^*^' 
law,  shall  be  brought  witliin  twenty  years  after  tlie  right  of  ac- 
tion accrues. 

§2858.  All  actions  upon  promissory  notes,  bills  of  exchange  or  siinpi«e«ii- 
other  simple  contract  in  writing,  shall   be  brought  within  six^'"*^'^' 
years  after  tlie  same  becomes  due  and  payable. 


536  PT.  2.— TIT.  7.— CHAP.  8.— ART.  9.— Contkacts. 

Section  1. — Periods   of  Limitation. 

Open  ac-  §  2859.  All  actions  upon  open  account,  or  for  the  breach  of 

COQJQtS*  T  /I       ^ 

any   contract,   not  under   the  hand  of  the  party  sought  to  be 
charged,  or  upon  any  implied  assumpsit  or  undertaking,  shall  be 
brought  within  four  years  after  the  right  of  action  accrues. 
Bills  of  re-       §  286(>.  All  bills  of  review  or  for  a  new  trial,  in  a  court  of 

view  and  for  •  /       i  ii  i,.  ii  /»<» 

new  trial,  cquity,  (uuless  the  latter  bc  lounded  on  prooi  oi  perjury,  in  a 
material  witness  for  the  successful  party)  shall  l)el)rought  M'ithin 
three  years  after  such  decree  or  judgment  has  been  rendered. 

Certiorari.  §  2861.  All  writs  of  Certiorari  shall  be  allowed  and  brought 
within  three  months  after  tlie  rendition  of  the  judgment  sought 
to  be  reversed. 

Writs  or  §2862.  All  writs  of  error  must  be  sued  out  within  thirty  days 

from  the  adjournment  of  the  court  where  the  decision  com- 
plained of  was  made,  or  if  made  at  chambers,  from  the  time  of 
the  decision. 

Executors        §  2863.  All  actions  against  executors,  administrators,  guardians 

towl*&c.*'"'  ^^'  trustees,  except  on  their  bonds,  must  be  brought  witliin  ten 
years  after  the  right  of  action  accrues. 

§  2864.  All  other  actions  upon  contracts,  express  or  implied, 

tion8,«i; con- not  hereinbefore  provided  for,  must  be  brought  within  four  years 

trcuttii.  ^  i  '  ft  J 

from  the  accrual  of  the  right  of  action. 
Good  in  §2865.  The    limitations    herein    provided,   apply  equally   to 

equity.  courts  of  law  and  equity,  and  in  addition  to  the  above,  courts  of 
equity  may  interpose  an  equitable  bar,  in  accordance  with  the 
established  rules  of  such  courts,  whenever,  from  the  lapse  of  time 
and  laches  of  the  complainant,  it  would  ])e  inequitable  to  allow 
a  party  to  enforce  his  legal  rights. 

§2866.  All  actions  by  informers  to  recover  any  fine,  forfeiture. 

Suits  by  in-  1^1111  ,        .  ,  .  "    ^  1  . 

formers.  or  penalty,  shall  be  commenced  withm  one  year  from  the  time 
the  defendant's  liabity  thereto  was  discovered,  or  by  reasonable 
diligence  could  have  been  discovered. 


SECTION  II. 

EXCEPTIONS  AXD  DISABILITIES. 

Sectiox.  ISectio.v. 

2867.  Persons  excepted.  j   2871.  Joint  action  and  a  p.irt  barred. 

2868.  Occurring-  after  accrual  oT  right.  '   2872.  Fraud. 

2869.  Unrepresented  estate.  '  2873.  Xon-suit  or  dismissal. 

2870.  Absence  from  State  of  defendant.  !  2874.  If  pleaded  as  set-off. 

§2867.  Married  women,  infants,  idiots,  or  insane  persons,  or 


PT.  2.— TIT.  7.— CHAP.  S.— ART.  l^).— Contr.\ots.  537 


Section  2. — Exceptions  and  Disabilities. 


persons  imprisoned,  who  are  such  when  the  cause  of  action  ac-  Persons  es- 
criies,  shall  be  entitled  to  the  same  time,  after  the  disability  is  re- 
moved, to  bring  an  action  as  is  prescribed  in  this  Code  for  other 
persons. 

§2868.  If  either  of  the  foreoroinfi^  disabilities  happens  after  the  occurring 

o  n         c^  XI  after  tho  ac- 

riffht  of  action  accrues,  and  is  not  voluntarily  caused  or  under- cruai  of 

•         1  ^      1         T      •        •        right. 

taken  by  the  person  claiming  the  beneht  thereof,  the  limitation 
shall  cease  to  operate  during  its  continuance, 

§  2869.  The  time  occurrino;  between  the  death  of  a  ])erson  and  rnrepr>- 

'-  •-  ^         ,  ,        sentea  o«- 

representatioii  taken  upon  his  estate,  or  between  the  termination  tatf- 
of  one  administration  and  the  commencement  of  another,  shall  . 
not  be  counted  against  his  estate ;  Frovuhd,  such  time  does  not 
exceed  five  years ;  but  at  the  expiration  of  that  time,  the  limita- 
tion shall  commence,  though  the  cause  of  action  accrued  at\er 
his  death. 

^2870.  If  the  defendant,  in   anv  of  the  cases  herein   named,  Absence 

<->  1  „  from  State 

shall  remove  from  this  State,  the  time  of  his  absence  from  the^frtcfen- 
State,  and  until  he  returns  to  reside,  shall  not  be  counted  or  es- 
timated in  his  favor. 

^2871.  If  there  is  a  ioint  rin-ht  of  action,  and  some  of  the  per- Joint  action 

'  •  J-      v'T    and  a  part 

sons  having  such  right  are  under  any  of  the  foregoing  disabili- i^an-ed. 
ties,  the  terms  mentioned  herein  shall  not  be  computed  against 
such  joint  action,  until  all  the  disabilities  are  removed ;  but  if 
the  action  might  be  severed,  and  each  sue  for  his  own  share,  those 
free  from  disability  shall  be  barred,  and  the  rights  of  those  only 
protected  who  arc  under  such  disability. 

§2872.  If  the  defendant,  or  those  under  whom  he  claims,  has  Fraud, 
been  guilty  of  a  fraud  by  which  the  plaintiff  has  been  debarred 
or  deterred  from  his  action,   the  period  of  limitation  shall  run 
only  from  the  time  of  the  discovery  of  the  fraud. 

§2873.  If  a  plaintiff  shall  be  non-suited,  or  shall  discontinue  Non-suit  or 
or  dismiss  his  case,  and  shall  re-commence  within  six  months, 
such  renewed  case  shall  stand  upon  the  same  footing  as  to  limi- 
tation with  the  original  case ;  but  this  privilege  of  dismissal  and 
renewal  shall  be  exercised  only  once  under  this  clause. 

§2874.  Where  any  matter  has  been  pleaded  as  a  set-off' in  a  if  pleaded  as 
suit,  and  the  suit  is  dismissed,  or  the  case  is  otherwise  disposed 
of  without  a  hearing  upon  the  merits  of  the  set-off,  such  set-off 
shall  not  be  barred  until  the  expiration  of  six  months  next  after 
the  time  of  such  disposition  of  such  suit. 


538 


FT.  2.— TIT.  7.— CHAP.  8.— ART.  9.— Contracts. 


Section  ?.. — New  Promise. 


SECTIO^^  III. 


NEW  PROMISE. 


Section. 
2875.  Must  be  in  writing. 
287 G.  Credit  on  note. 
2877.   Kffect  of  new  promise. 


Section. 

j  2878.  By  partner. 

I  2879.  Ey  joint  contractor. 


Must  lip  in 
writlBg. 


§  2875.  A  new  promise,  in  order  to  renew  a  right  of  action  al- 
ready barred,  or  to  constitnte  a  point  from  wliicli  the  limitation 
sliall  commence  running  on  a  right  of  action  not  yet  barred,  must 
be  in  M-riting,  either  in  the  party's  own  handwriting,  or  sub- 
scribed by  him,  or  some  one  autiiorized  by  liim. 

§287().  A  payment  entered  upon  a  written  evidence  of  debt 
by  tlie  debtor,  or  any  otlier  M'ritten  acknowledgment  of  the  ex- 
isting liability,  is  ecjuivalent  to  a  new  promise  to  pay. 

§  2877.  A  new  promise  revives  or  extends  the  original  liability. 
It  does  not  create  a  new  one. 
Bypftrinor.       §2878.  After  the  dissolution  of  a  partnershij),  a  new  })romise, 
by  one  partner,  revives  or  extends  the  jiartnershij)  debt  only  as 
to  himself,  and  not  as  to  his  co-partniers. 

§2879.  In  cases  of  joint  or  joint  and  several  contracts,  a  new 
promise,  by  one  of  the  contractors,  «>perates  only  against  himself. 


Credit  on 
note. 


EflTect  of 
new  prom 


By  joint 
coDkra«tor. 


Breach  of 
entire,  &,c. 


CPIAPTEIl  IX. 


OF  BREACH  AND  DAMAiJES. 


Section. 
2880.  Breach  of  entire,  &c, 
28S1.  Liqiiidated  damages. 

2882.  Penalties. 

2883.  Expense  of  litigation. 

2884.  Exemplary  damages. 

2885.  Remote  damages. 
288G.  Interest. 


Section. 

2887.  Nominal  damages. 
j  2888.  Discretion  of  jury. 
I  2889.  On  covenants,  4c. 
{   2890.  On  bond  for  titles. 

2891.  Necessary  expen.se. 
I  2892.  Warranty  of  title  of  skive. 
'  2S9.3.  Of  soundness. 


§  2880.  If  a  contract  be  entire,  but  one  suit  can  be  maintained 
for  a  breach  thereof;  but  if  it  be  severable,  or  if  the  breaches  oc- 
cur at  successi\e  periods  in  an  entire  contract,  (as  where  money 
is  to  be  paid  liy  installments, )  an  action  will  lie  for  each  breach ; 
but  all  the  breaches  occurring  up  to  the  commencement  of  the 
action,  must  be  included  therein. 

§2881.  Damages  are  given  as  compensation  fur  the  injury  su&- 


PT.  2.— TIT.  7.— Contracts.  639 


Chapter  9. — Of  Breach  and  Damages. 


tained.     If  the  parties  agree,  in  their  contract,  what  the  dama-  Liquidated 

A  ci         '  damages. 

ges  for  a  breach  shall  be,  they  are  said  to  be  liquidated,  and  un- 
less the  agreement  violates  some  principle  of  law,  the  parties  are 
bound  thereby. 

§2882.  Penalties  in  bonds  are  not  liquidated  damages,  and  Penalties, 
even  if  called  such,  yet  if  it  appears  unreasonable,  and  not  so  ac- 
tually intended  by  the  parties,  the  law  will  give  only  the  actual 
damages ;  and  in  all  cases  where  the  damage  is  capable  of  com- 
putation, and  is  not  uncertain  in  its  character,  such  stipulations 
will  be  declared  not  to  be  penalties. 

§  2883.  The  expenses  of  litigation  are  not  generally  allow^ed  as  Expense  of 
a  part  of  the  damages ;  but  if  the  defendant  has  acted  in  bad 
faith,  or  has  been  stubbornly  litigious,  or  has  caused  the  plaintiff 
unnecessary  trouble  and  expense,  the  jury  may  allow  them, 

§2884.  Exemplary  damages  can  never  be  allowed  in  cases  Exwnriary 

damages. 

arising  on  contracts. 

§2885.  Remote  or  consequential  damages  are  not  allowed  Kemote 
whenever  they  cannot  be  traced  solely  to  the  breach  of  the  con- 
tract, or  unless  they  are  capable  of  exact  computation,  such  as 
the  profits,  which  are  the  immediate  fruit  of  the  contract,  and 
are  independent  of  any  collateral  enterprise  entered  into  in  con- 
templation of  the  contract. 

§  288tK  In  all  cases  where  an  amount  ascertained  would  be  interest. 
the  damages  at  the  time  of  the  breach,  it  may  be  increased  by 
the  addition  of  legal  interest  froui  that  time  till  the  recoveiy. 

§  2887.  In  every  case  of  breach  of  contract  the  other  party  has  Nominal 
a  right  to  damages ;  but  if  there  has  been  no  actual  damage,  the  '^™'*"^^" 
plaintiff  can  recover  nominal  damages  wJiich  will  carry  the  costs. 
But  if  the  defendant,  before  suit  is  brought  or  afterwards,  and  be- 
fore trial,  tenders  to  the  plaintiff  as  much,  or  more  than  he  finally  Tender. 
recovers,  no  costs  shall  be  recovered  accruing  subsequent  to  the 
tender. 

§2888.  The  question  of  damages  l)eing  one  for  the  jury,  the  Discretion  of 
court  should  not  interfere,  unless  the  damages  are  either  so  small  '^'^''^' 
or  so  excessive  as  to  justify  the  inference  of  gross  mistake  or 
undue  bias. 

§  2889.  Upon  a  covenant  of  warranty  of  title  to  land,  the  dam-  on  cove- 
ages  should  be  the  purchase  money,  with  interest  thereon  from  S^H^' 
the  time  of  sale,  unless  the  jury  should  think  under  the  circum- 
stances of  the  case,  that  the  use  of  the  premises  was  equal  to  the 
interest  on  the  money,  and  that  such  equitable  set-off  should  be 


540 


PT.  2.— TIT.  7.— Contracts. 


Chapter  9. — Of  Breach  and  Damages. 


On  bond  for 
titles. 


Necesciry 
expense. 


allowed.     If  valuable  improvements  have  been  made,  the  interest 
should  be  allowed. 

§  2890.  Upon  breach  of  a  bond  for  titles  to  land,  the  value  of 
the  premises  at  the  time  of  the  breach,  with  interest  thereon, 
should  be  the  measure  of  damages.  But  if  the  vendee  has  brought 
up  the  outstanding  title,  the  actual  damage  sustained  by  him  on- 
ly, can  be  recovered. 

§2891.  Any  necessary  expense  which  one  of  two  contracting 
parties  incurs  in  complying  with  the  contract,  may  be  recovered 
as  damages. 

2892.  Upon  breach  of  a  covenant  of  warranty  of  title  to  a 
slave,  the  measure  of  damages  should  l)e  the  purchase  money, 
with  interest  thereon.  When  the  circumstances  render  it  equit- 
able, the  jury  may  set-off  the  hire  of  the  slave  against  the  interest. 

§  2893.  Upon  a  covenant  of  warranty  of  soundness  of  a  slave, 
the  measure  of  damages  should  be  the  difference  between  the 
price  paid  and  the  actual  value  of  the  unsound  slave,  with  inter- 
est on  such  balance  from  the  time  of  sale. 


title 


rantv 
of  eix 


Of  sound- 
ness. 


TITLE    VIII. 

OF  TORTS  OR  INJURIES  TO  PERSONS  OR  PROPERTY. 

Chapter  1.  General  principles,  and  herein  of  fraud  and  deceit. 

Chapter  2.  Of  injuries  to  the  person. 

Chapter  3.  Of  injuries  to  property. 

CuAi'TER  4.  Of  defences. 

Chapter  5.  Of  damages. 


CHAPTER  I. 

GENERAL  PRINCIPLES  AND  HEREIN  OP  FRAUD  AND  DECEIT. 


Sectiox. 

2894.  What  are  torts. 

2895.  Injurr  common  to  all. 

2896.  FaUing  in  legal  duty. 

2897.  Private  duties. 

2898.  ElecUon. 

2899.  Pnrity. 

2900.  Fraud  and  damage. 
2^01.  Deeeit. 


Section. 

2902.  Letters  to  obtain  credit. 

2903.  Torts  to  wife,  &c. 

2904.  By  wife,  servant.  &c. 

2905.  By  employee. 

2906.  Ratification. 

2907.  Vicious  animals. 

2908.  Frauds  by  acts  or  silence. 

2909.  Action  does  not  abate. 


FT.  2.— TIT.  8.— ToETs.  541 


Chapter  1. — General  Principles,  and  herein  of  Fraud  and  Deceit. 


§  2894.  A  tort  is  a  legal  wrong  committed  upon  the  person  or  what  are 
property  indei>endent  of  contract.     It  may  be  either — 

1.  A  direct  invasion  of  some  legal  right  of  the  individual. 

2.  The  infraction  of  some  public  duty  by  wliich  special  dam- 
age accrues  to  the  individual. 

3.  The  violation  of  some  private  obligation  by  which  like  dam- 
age occurs  to  the  individual. 

In  the  former  case,  no  special  damage  is  necessary  to  entitle 
the  i)arty  to  recover.  In  the  two  latter  cases,  such  damao-e  is 
necessary. 

§  2895.  Injury  in  connnon  with  the  community,  though  to  a  j^^^^y  eom- 
greater  extent,  will  not  give  a  right  of  action  for  the  infraction"*"*^"""- 
of  some  public  duty.     It  must  be  some  special  damao-e  to  the  in- 
dividual in  which  the  public  have  not  })articipated,  althouo-h  lia- 
ble thereto. 

§  289G.  When  the  law  requires  one  to  do  an  act  for  the  benefit  F^iung in i^. 
of  another,  or  to  forbear  the  doing  of  that  which  may  injure  ^"^  *"'•''■ 
another,  though  no  action  be  given  in  express  terms  upon  the  ac- 
crual of  damage,  the  party  may  recover. 

§  2897.  Private  duties  may  arise  eitlier  from  statute  or  flow  Privnte  du- 
from  relations  created  by  contract,  express  or  implied.     The  vio-  ^'''*' 
lation  of  any  such  specific  duty,  accompanied  with  damage,  gives 
a  right  of  action. 

§  2^98.  When  a  transaction  partakes  of  the  nature  both  of  a  mecu,^,. 
tort  and  a  contract,  the  party  complainant  may  waive  the  one 
and  rel}^  solely  upon  the  other. 

§  2899.  No  privity  is  necessary  to  support  an  action  for  a  tort.  Privity, 
but  if  the  tort  results  from  the  violation  of  a  duty  itself,  the  con- 
sequence of  a  contract,  the  right  of  action  is  confined  to  the  par- 
ties and  privies  to  that  contract,  except  in  cases  where  the  party 
would  have  had  a  right  of  action  for  tlie  injury  done,  independ- 
ent of  the  contract. 

§2900.  Fraud  by  one,  accompanied  with  damage  to  the  party  f^u^  and 
defrauded,  in  all  cases  gives  a  right  of  action.  damage. 

§  2901.  Willful  misrepresentation  of  a  material  fact  made  to  in-  Deceit, 
duce  another  to  act,  and  upon  which  he  does  act  to  his  injury, 
will  give  a  right  of  action ;  mere  concealment  of  such  a  fact  un- 
less done  in  such  a  manner  as  to  deceive  and  mislead  will  not 
support  an  action.  In  all  cases  of  deceit,  knowledge  of  the  false- 
hood constitutes  an  essential  element.  A  fraudulent  or  reckless 
representation  of  a  fact  as  true,  which  the  party  may  not  know 


542  PT.  2.— TIT.  8.— Tokts. 

Chapter  1. — General  Principles,  and  herein  of  Frand  and  Deceit. 

to  be  false,  if  intended  to  deceive,  is  equivalent  to  a  knowledge 
of  the  falsehood. 
Letters  to        §  2902.  No  action  shall  be  sustained  for  deceit  in  representation 

obtain  credit  ,  t      „  i  i  .  .  ,        . 

to  obtain  credit  lor  another,  unless  such  misrepresentation  be  in 
writing,  signed  by  the  party  to  be  charged  therewith. 

Torts  to  wife  §  2l>03,  Every  person  may  recover  for  torts  committed  to  him- 
self or  his  wife,  or  his  child,  or  his  ward,  or  his  servant,  or  his 
slave. 

By  wifo.ser-  (S  29(14.  p]very  person  shall  be  liable  for  torts  committed  by  his 
Wile,  and  tor  torts  committed  by  his  child,  or  servant  or  slave  by 
his  command,  or  in  the  prosecution,  and  within  the  scope  of  his 
business,  whether  the  same  be  by  negligence  or  voluntary. 

By  em-  §  290,5.  The  employer  is  not  responsible  for  torts  committed 

1)  oyee.  ^^^  ^^.^  employee  when  the  latter  exercises  an  independent  busi- 
ness, and  in  it,  is  not  subject  to  the  immediate  direction  and 
control  of  the  employer. 

Ratification.  §  2900.  Bv  ratification  of  a  tort  committed  for  one's  benefit,  the 
ratifier  becomes  liable,  as  if  he  commanded  it,  otherwise,  if  the 
act  was  done  for  the  lienefit  of  a  third  person. 

vicious  ani-      §2907.  A  pei'sou  who  owns  or  keeps  a  vicious  or  dangerous 

"'■''*■  animal  of  any  kind,  and  by  the  careless  management  of  the  same, 

or  by  allowing  the  same  to  go  at  liberty,  another  witiiout  fault 
on  his  part  is  injured  thereby,  such  OMmer  or  keeper  shall  be  lia- 
ble in  damages  for  such  injury. 

Fniudsby        §2908.  A  tVaud  may  be  committed  by  acts  as  well  as  words. 

lenca.  Aiid  oiie  wlio  silcutly  stands  by  and  permits  another  to  purchase 
his  proj^ertj  without  disclosing  his  title,  is  guilty  of  such  a  fraud, 
as  estops  him  from  subsequently  setting  up  such  title  against  the 
purchaser. 

Action  does      §  2909.  No  actiou  for  a  tort  shall  abate  by  the  death  of  either 

tvot.ibate.  <^  i  .      />  i 

party  where  the  wrong  doer  received  any  beneht  from  the  tort 
complained  of. 


PT.  2.— TIT.  8.— CHAP.  2.— Torts. 


543 


Article  1. — Physical   Injuries. 


CHAPTER  II. 

OF  INJURIES  TO  THK  PKRSOX. 

Article  1.  Physical  injuries. 

Article  2.  Reputation. 

Article  3.  Other  injuries  to  tlie  j)erson. 


ARTICLE  I. 

PHYSICAL  INJURIHS. 
Sectiox.  ISectiox. 

2!110.  lutcution.  |  291:!.  Homicide  of  liusbaud  or  fatlier. 

2!ni.  What  IS  a  tort  on  person.  |  2!1U.  Diligence  of  plaintiff. 

2012.  If  a  felony.  |   2915.  Malpract.oeof  surgeon  or  physician. 

^  §  2910.  A  physical  injury  done  to  another  i^-ives  a  right  of  ac-  i,„ention. 
tion,  whatever  may  be  the  intention   of  the  actor,  unless  he  is 
justitied  under  some  rule  of  law.     Tlic  intention  should  be  con- 
sidered in  the  assessment  of  damag'es. 

§2911.  Any  violent  injury  or  attempt  to  commit  a  i)hvsical  Whati.n 
injury  illeg-ally  upon   a  person,  is  a  tort  for  which  damajre;  mav «-'"'"' 
be  recovei'ed. 

§2912.  If  the  injury  amounts  to  a  felony,  as  defined   by  this  ir  a  foiony. 
Code,  the  person  injured  must  either  simultaneouslv  or  concur- 
rently, or  previously,  prosecute  for  the  same,  oi-  allege  a  good  ex- 
cuse for  the  failure  so  to  i3rosecute. 

§  2913.  A  widow,  or  if  no  widow  a  child  or  children,  mav  re- 
cover for  the  homicide  of  the  husband  or  parent;  and  if  suit  be  """ami''' 
brought  by  the  widow  or  children,  and  the  former,  or  one  of  tlie ''"'"" 
latter,  dies  pending  the  action,  the  same  shall  survive  in  the  lirst 
case  to  the  children,  and  in  the  latter  case  to  the  surviving  child 
or  children.  ^ 

§29U.  If  the  plaintiff,  by  ordinary  care,  could  have  avoided  T)i,i^e„< 
the  consequences  to  himselt;  caused  by  the  defendant's  ne^lio-ence  ^''"""*' 
he  IS  not  entitled  to  recover.     But  in  other  cases  the  defendant 
1^  not  relieved,  although  the  plaintiff  mav,  in  some  way  have 
«ontributed  to  the  injury  sustained. 

i.t!vi!!''/  T- ''  r^^^^^"^  *^  P^*^^'^^^^  «"rgery,  or  the  admin-  M.upraetic 
istenng  of  medicine  for  a  compensation,  must  bring  to  the  exer-a^fS^ 
cise  of  his  profession  a  reasonable  degree  of  care  and  skill-  any""" 
in.iury  resulting  from  a  want  of  such  care  and  skill  will  be  a  tort 
lor  winch  a  recovery  may  be  had. 


•pnce  ot 


544  PT.  2.— TIT.  8.— CHAP.  2.— ART.  2.— Torts. 


Section  1; — Of  Libel  and  Slander. 


ARTICLE  II. 

INJI'RIES   TO  RKPTTTATIOX. 

Section  1.  Libel  and  slander. 
Section  2.  IMalicious  prosecution. 


SECTION'  I. 

OF  LIBKL  AND  SLANDER. 

Section.  Section. 

2916.  Libel.  ;   2920.  Charge  of  adultery  with  negro. 

2917.  Malice.  !   2921.  Truth. 

2918.  Publication.  i   2922.  Privileged  communications. 

2919.  Slander.  'i   2923.   Malicious  use  of 

Libel.  §  2910.  A  libel  is  a  false  and  malicious  defamation  of  another, 

expressed  in  print,  or  writing,  or  pictures,  or  signs,  tending  to  in- 
jure tlie  reputation,  as  an  individual,  and  exposing  him  to  public 
hatred,  contempt,  or  ridicule.  The  publication  of  the  libellous 
matter  is  essential  to  a  recovery. 

Malice.  §  2917.  In  all  actions  for  ])rinted  or  spoken  defamation,  malice 

is  inferred  from  the  character  of  the  charge.  The  existence  of 
malice  may  be  rebutted  by  proof,  which,  in  all  cases,  will  go  in 
mitigation  of  damages,  and  in  cases  of  privileged  communica- 
tions, will  be  in  bar  of  the  recovery. 

PnbUcation.      §  2918.  A  libel  is  published  so  soon  as  it  is  communicated  to 
any  person,  other  than  the  party  libelled. 

Slander.  §2919.  Slander,  Or  oi'al  defamation,  coiisists :  Hi-st,  in  imputing 

to  another  a  crime  punishable  by  law  ;  or,  second,  charging  him 
with  having  some  contagious  disorder,  or  being  guilty  of  some 
debasing  act,  which  may  exclude  him  from  society;  or,  third,  in 
charges  made  on  another  in  reference  to  his  trade,  office,  or  pro- 
fession, calculated  to  injure  him  therein;  or,  fourth,  any  disparag- 
ing words,  productive  of  special  damage,  Howing  naturally  there- 
from. In  the  latter  case,  the  special  damage  is  essential  to  sup- 
port the  action ;  in  the  three  former,  damage  is  inferred. 

Charge  of         §2920.  Ally  charge  Or  iutimatioii  agaiiist  a  free  white  female 

witbTsiave.  of  having  sexual  intercourse  with  a  slave,  or  free  person  of  color, 
is  slanderous,  without  proof  of  special  damage. 

Truth.  §  2921.  The  truth  of  the  charge  made  may  always  be  proved 

in  justification  of  the  libel  or  slander. 


PT.  2.— TIT.  S.— CHAP.  2.— AET.  2.— Torts.  545 

Section  1. — Of  Libel  and  Slander. 

S  2922.  The  following  are  deemed  privilenred  communications:  Privileged 

<-'  ~  i  o  eoramumca- 

1.  Statements  made  hona  fide  in  the  performance  of  a  public  tions. 
duty. 

2.  Similar  statements  in  the  performance  of  a  private  duty, 
either  legal  or  moral. 

3.  Statements  made  with  the  lonafide  intent,  on  the  part  of 
the  speaker,  to  protect  his  own  interest  in  a  matter  where  it  is 
concerned. 

4.  Fair  and  honest  reports  of  the  proceedings  of  Legislative  or 
Judicial  bodies. 

5.  Comments  of  counsel,  fairly  made,  on  the  circumstances  of 
Ids  case,  and  the  conduct  of  parties  in  connection  therewith. 

6.  Comments  upon  the  acts  of  public  men,  in  their  public  ca- 
pacity, and  with  reference  thereto. 

§  2923.  In  every  case  of  privileged  communications,  if  the  privi-  Malicious 
lege  is  used  merely  as  a  cloak  for  venting  private  malice,  and  not"*°°" 
hona  fide  in  promotion  of  the  object  for  which  the  privilege  is 
granted,  the  ]»arty  defamed  has  a  right  of  action. 


SECTION  II. 

MALICIOUS  PROSECUTION. 


Section.  ' 

2924.  Malicious  prosecution. 

2925.  Probable  cause. 

292G.  Evidence  of  prosecutor. 
2927.  Grand  jurors  exempt. 


Sectiox. 

2928.  Measure  of  damages. 

2929.  Malice  inferred. 

2930.  What  is  a  prosecutioiL 
293L  When  the  right  accrues. 


§  2924.  A  criminal  prosecution,  maliciously  carried  on,   and  Malicious 
without  any  probable  cause  whereby  damage  ensues  to  the  per-  p''"*'^'^"  "*"• 
son  prosecuted,  gives  him  a  cause  of  action. 

§2925.  "Want  of  probable  cause  shall  be  a  question  for  the  Probabio 
jury,  under  the  direction  of  the  court,  and  shall  exist  when  the  *^'"^^'^' 
circumstances  are  such  as  to  satisfy  a  reasonable  man  that  the  ac- 
cuser had  no  ground  for  proceeding  but  his  desire  to  injure  the 
accused. 

§  2926.  In  investigating  the  question  of  probable  cause,  the  j-^idence  of 
evidence  given  by  the  prosecutor   himself   upon   the   criminal  p'""'®*"'*'"- 
prosecution,  may  be  submitted  to  the  jury  by  either  party,  the 
credibility  thereof  to  be  determined  by  them. 

§  2927.  No  member  of  a  grand  jury  is  liable  to  an  action  for  a  Grand  ju- 
malicious  prosecution  upon  a  presentment  made  by  the  body,  but  '"'*"  «^«™p^- 
35 


546 


PT.  2.— TIT.  8.— CHAP.  2.— ART.  2.— Torts. 


Section  2. — Malicious  Prosecution. 


Instigator. 


Measure  of 
dam.tges. 


Malice  infer 
ed. 


What  is  a 
prosecution. 


When  tlie 
right  ac- 
crues. 


if  siicL.  presentment  is  made  at  the  instigation  of  a  third  person, 
from  malice  on  his  part,  and  without  probable  cause,  he  shall  be 
liable,  as  if  he  was  named  as  prosecutor. 

§  2928.  The  recovery  shall  not  be  confined  to  the  actual  damage 
sustained  by  the  accused,  but  shall  be  regulated  by  the  circum- 
stances of  each  case. 

§  2929.  A  total  M-ant  of  probable  cause  is  a  circumstance  from 
which  malice  may  be  inferred,  but  such  inference  may  be  rebut- 
ted l)y  proof. 

§  2930.  An  inquiry  before  a  committing  court,  or  Justice  of  the 
Peace,  amounts  to  a  prosecution. 

§2931.  Tlie  prosecution  must  be  ended  before  the  right  of  ac- 
tion accrues. 


Definition. 


Under  war- 
rant 


Presunnp-] 
tion. 


ARTICLE  III. 

OTriER  TORTS  TO  THE  PKHSON. 

Section  1.  False  imprisonments. 

Section  2.  Malicious  arrest. 

Section  3.  Nuisances  and  other  injuries  to  liealth. 


SECTION  I. 

falsp:  imprisonment. 


Section. 
2932.  Definition. 
293.3.  Under  warrant. 


;  Section. 

i  2934.  Joint  act  of  several. 


§  2932.  False  imprisonment  consits  in  the  unlawful  detention 
of  the  person  of  another,  for  any  length  of  time,  whereby  he  is 
deprived  of  his  personal  liberty. 

§  2933.  If  the  imprisonment  is  by  virtue  of  a  warrant,  neither 
the  party  honafide  sueing  out,  nor  the  officer  who  in  good  faith 
executes  the  same,  is  guilty  of  false  imprisonment,  though  the 
warrant  be  defective  in  form,  or  be  void  for  want  of  jurisdiction, 
in  such  cases  the  good  faith  must  be  determined  from  the  cir- 
cumstances of  each  case.  The  same  is  true  of  the  judicial  officer 
issuing  the  warrant,  the  presumption  being  always  against  him 
as  to  good  faith,  when  he  has  no  jurisdiction. 


PT.  2.— TIT.  8.— CHAP.  2.— ART.  3.— Torts.  547 

Section  1  — False  Imprisonment. 

§2934.  If  the  imprisonment  be  the  act  of  several  persons,  the  Joint  act  of 

1  ••!  1  ^   •  '  •    •       ^  mill  several. 

part}'  may  sue  them  jointl}-  or  separately,  and  it  jointly,  all  shall 
be  responsible  for  the  entire  recovery. 


SECTION  11. 

MALICIOUS  ARREST. 


Section. 

2935.  Definition. 

2936.  Malice. 


Section. 

2937.  rrobiible  cause. 

2938.  Person  exempt. 


§  2935.  An  arrest  under  process  of  law,  without  probable  cause,  Deflniuon. 
when  done  maliciously,   gives  a  right  of  action   to  the   party 
arrested. 

§  2936.  Malice  may  consist  in  personal  spite,  or  in  a  general  Maiiee. 
disregard  of  the    right  consideration  of  mankind   directed  by 
chance  against  the  individual  injured. 

§2937.  "  Want  of  probable  cause"  is  the  same  in   this  action,  Probabie 
as  in  "  malicious  prosecution.'^  '"''■'"*"• 

§2938.   The  willful  arrest  under  civil  process,  of  a  person  ex- Person  ex- 
empt by  law  from  such  arrest,  shall  be  deemed  malicious  until  ^™^'' 
the  contrary  is  proved. 


SECTION  III. 

XUISANCi':S  AND  OTHER  INJURIES  TO  HEALTH. 


Sectiox. 

2939.  Public  or  private. 

2940.  Special  damage. 

2941.  Injuiy  to  person  or  property. 

2942.  "What  is  a  nuisance. 

2943.  Riuht  of  alienee. 


Sectiox. 

2944.  Injunction. 

2945.  Unwholesome  provisions. 

2946.  Adulterated  drugs. 

2947.  Mistake  of  druggist. 


§2939.  Nuisances  are  either  public  or  private.  A  public  pnbiic  and 
nuisance  is  one  which  damages  all  persons  who  come  within  the ''""'"'' 
sphere  of  its  operations,  though  it  may  vary  in  its  elfects  on 
individuals.  A  private  nuisance  is  one  limited  in  its  injurious 
effects  to  one  or  a  few  individuals.  Generally,  a  public  nuisance 
gives  no  right  of  action  to  any  individual  but  muse  be  abated  by 
a  process  instituted  in  the  name  of  the  State.  A  private  nui- 
sance gives  a  right  of  action  to  the  person  injured. 


548 


PT.  2.— TIT.  8.— CHAP.  2.— AKT.  3.— Torts. 


Section  3. — Nuisances  and  other  Injuries  to  Health. 


Special  dam 
ages. 


Injury  to 
person  or 
property. 

"What  is  .a 
nuisance. 


Right  of 
alienee. 


Injunction. 


Unwhole- 
some prori- 


Adnlteroted 
drugs. 


Mistake  of 
druggist. 


§  2940.  If,  however,  a  public  nuisance  causes  special  damage 
to  an  individual,  in  which  the  public  do  not  participate,  such 
special  damage  gives  a  right  of  action. 

§2941.  A  private  nuisance  may  injure  either  the  person  or 
property,  or  both,  and  in  either  case  a  right  of  action  accrues. 

§  2942.  A  nuisance  is  anything  that  worketh  hurt,  inconve- 
nience or  damage,  to  another,  and  the  fact  that  the  act  done  may 
otherwise  be  lawful,  does  not  keep  it  from  being  a  nuisance. 
The  inconvenience  complained  of  must  not  be  fanciful,  or  such 
as  would  affect  only  one  of  fastidious  taste,  but  it  must  be  such  as 
would  affect  an  ordinary  reasonable  man. 

§  2943.  The  alienee  of  the  person  owning  the  property  injured, 
may  sue  for  a  continuance  of  the  nuisance  ;  so  the  alienee  of  the 
property  causing  the  nuisance  is  responsible  for  a  continuance  of 
the  same.  In  the  latter  case,  there  must  be  a  request  to  abate 
before  action  brought. 

§2944.  Where  the  consequences  of  a  nuisance  about  to  be 
erected  or  commenced  will  be  irreparable  in  damages,  and  such 
consequences  are  not  merely  possible,  but  to  a  reasonable  degree 
certain,  a  court  of  equity  may  interfere  to  arrest  a  nuisance 
before  it  is  completed. 

§  2945.  A  person  who  knowingly  or  carelessly  sells  to  another 
unwholesome  provisions  of  any  kind,  the  defect  l)eing  unknown  to 
the  purchaser,  and  damage  results  to  the  purcliaser,  or  his  fiimily, 
or  his  property,  such  person  shall  be  liable  in  damages  for  such 
injury. 

§  2946.  A  pereon  who  knowingly  or  carelessly,  by  himself  or 
his  agents,  sells  to  another  adulterated  drugs  or  liquors,  by  the 
use  of  which,  damage  accrues  to  the  purchaser  or  his  patients,  or 
his  family,  or  his  property,  shall  be  liable  in  damages  for  the  in- 
jury done. 

§  2947.  If  a  vendor  of  drugs  and  medicines,  by  himself  or  his 
agent,  either  knowingly  or  negligently  furnishes  the  wrong  article 
or  medicine,  and  damage  accrues  from  the  use  of  the  drug  or 
medicine  furnished  to  the  purchaser,  or  his  patients,  or  his  family, 
or  his  property,  the  vendor  shall  respond  in  damages  for  the  in- 
jury done.  If  death  ensues  to  the  purchaser,  in  any  case  arising 
under  this  or  the  two  foregoing  paragraphs,  the  right  of  action 
shall  be  to  the  widow  or  children  as  prescribed  in  cases  of  physi- 
cal injuries. 


PT.  2.— TIT.  8.— CHAP.  2.— ART.  3.— Torts.  549 


Section  4. — Of  Indirect  Injuries  to  the  Person. 


SECTIO^^  lY. 

OF  INDIRECT  INJURIES  TO  THE  PERSON. 

Sectiox.  ;Sectiox. 

2948.  Negligence  by  trustee.  j   2952.  Furnishing  hquor  to  minor  sou. 

2949.  Abducting  or  harboring  wife.  2953.  Or  gaming  with  him. 

2950.  Criminal  conversation.  \   2954.  Procurer  of  wrong,  Ac. 

2951.  Seduction  of  daughter. 

S294S.  In  every  ease  of  trust  or  confidence  reposed,  in  consid- Neeiigenco 

*  .  -  .        ,  , .  ,  ,  by  trosteo. 

eration  of  a  reward  paid  or  promised,  ncgligenee  m  the  person 
trusted,  to  the  injury  of  the  otlier,  will  give  a  right  of  action. 

§2940.  A  husband  has  a  ri'ght  of  action   against   another  for  Abducting 
abducting  or  harboring  his  wife.     Furnishing  shelter  and  food  to  wife, 
a  wife  driven  from  her  home  l>y  cruel  treatment,  is  an  act  of  hu- 
manity, and  gives  no  right  to  the  husband. 

§  2950.  Adultery,  or  criminal  conversation  with  a  wife,  gives  crim.  con. 
a  right  of  action  to  the  husband.     In  such  cases,  proof  of  the 
marriage  may  be  made  by  general  reputation,  and  the  parties 
living  together  as  man  and  wife. 

§  2951.  The  seduction  of  a  daughter  unmarried  and  living  with  seduction  of 

11'nii  •  "^'1      daughter. 

her  parent,  whether  loUowed  by  pregnancy  or  not,  gives  a  right 
of  action  to  the  lather  or  to  the  mother,  if  the  father  be  dead,  or 
absent  })ermaneiitly,  or  refuses  to  sue.  No  loss  of  service  need 
be  alleged  or  proved.  The  seduction  is  the  gist  of  the  action, 
and  in  well  defined  cases  the  damages  should  be  exemplary. 

§  2952.  A  father,  or  if  the  father  be  dead,  a  mother  shall  have  Furnishing 
a  right  of  action  against  any  person  who  sells  or  furnishes  spirit- lienor  son. 
uous  liquors  to  his  or  her  son,  under  age,  for  his  own   use,  and 
without  his  or  her  permission. 

§  2953.  A  like  right  of  action  shall  accrue  against  any  person  Gaming 
who  shall  play  and  bet  at  any  game  of  chance,  with  a  minor  son, 


for  money  or  other  thing  of  value. 

§2954.  In  all  cases,  lie  who  maliciously  procures  an  injury  to  Procurer  of 
be  done  to  another,  M'hether  it  be  an  actionable  wrong  or  a  breach  joint  wrong- 
of  contract,  is  a  joint  wrong-doer,  and  may  be  sued  either  alone 
or  jointly  with  the  actor. 


550 


PT.  2.— TIT.  8.— CHAP.  3.— Torts. 


Article  1.— To  Real  Estate. 


CHAPTER  III. 

OF  INJURIES  TO  PROPERTY. 

Akticle  1.  To  real  estate. 

Akticle  2.  To  personalty  generally. 

Akticle  3.  To  slaves. 

Artu.lk  4.  P)y  railroad  companies. 


AKTICLE  I. 


TO  REAL  ESTATE. 


Skctiox. 
2955.  Interfering  witli  onjoynienl.  Ac. 
295G.  Right  of  possession. 

2957.  Bare  possession. 

2958.  Bare  title. 

2959.  Dis]inted  possession. 


Section. 
29C0.  Water  courses. 

2961.  Underground  streams. 

2962.  Rights  above  and  below  surface. 
j   2963.  Right  of  way  or  of  common. 

I   2964.  Slander  of  title. 


Interfering 
with  enjoy- 
lucnt  ot'. 


Right  of 
poBBession. 


Bare  posees- 
si  on. 


Bare  title. 


Disputed 
possesBion. 


Water 
courses. 


§2055,  The  right  of  enjoyment  of  private  proj)erty  l)eing  an 
absolnte  right  of  every  citizen,  every  act  of  another,  which  nnlaw- 
fnlly  interferes  with  such  enjoyment,  is  a  cause  of  action. 

§  2956.  The  hare  right  of  possession  to  lands  authorizes  their 
recovery  by  the  owner  of  such  right,  and  ako  damages  for  the 
withholding  of  the  right. 

§  2957.  The  bare  possession  of  lands  authorizes  the  possessor  to 
recover  damages  from  any  person  who  wrongfully,  in  any  man- 
ner, interferes  with  such  jiossession.'" 

§2958.  The  person  having  title  to  lands,  if  no  one  is  in  actual 
possession  under  the  same  title  with  him,  may  maintain  an  action 
for  a  trespass  thereon  ;  and  if  a  tenant  be  in  possession,  and  the 
trespass  be  such  as  injures  the  freehold,  the  owner,  or  a  i-emain- 
der-man  or  reversioner,  may  still  maintain  trespass. 

§  2959.  Where  two  persons  claim  to  have  actual  possession  of 
the  same  land,  he  is  deemed  in  possession,  who  has  tlie  legal 
title,  and  the  other  is  a  trespasser. 

§  2960.  The  owner  of  land  is  entitled  to  the  free  and  exclusive 
enjoyment  of  all  water  courses,  not  navigable,  flowing  over  his 
land ;  and  the  diverting  of  the  stream,  wholly  or  in  part  from 
the  same,  or  the  obstructing  thereof,  so  as  to  impede  its  course 
ov  cause  it  to  overfloM'  or  injure  his  land,  or  any  right   appurte- 

*See  Title  6.  Cliapter  7. 


FT.  2.— TIT.  8.— CHAP.  3.— Torts.  551 


Article  ].— To  Real  Estate. 


nant  thereunto,  or  the  adulterating  thereof,  so  as  to  interfere 
with  its  vahie  to  him,  is  a  trespass  upon  his  property. 

§  2961.  The  course  of  a  stream  of  water  iinderrrround,  and  itsundor- 

-,..■,      ^  .        f,  I'm       1  ^  •       ground 

exact  condition  before  its  nrst  use,  are  so  diincult  ot  ascertain-  streams, 
ment,  that  trespass  cannot  be  broiiglit  for  any  supposed  inter- 
ference with  the  rights  of  a  proprietor. 

§2962.  The  owner  of  realty  having  title  downwards  and  up- Rights 

1  n  1  n    ^    •  '^'  •   t       i   •  •    i  ^         above  and 

wards  indefinitely,  an  unlawful  mteiierence  with  his  rights,  be- ^eiow  the 

,  surface. 

low  or  aboye  the  surface,  alike  gives  him  a  right  of  action. 

§2963.  The  unlawful  interference  with  a  ricfht  of  way,  or  ofRigiitof 

^  ^  _  '  »  '  way,  &c. 

common,  is  a  trespass  to  the  party  entitled. 

§2964.  The  owner  of  any  estate  in  lands  may  maintain  an  ac-sinnderof 
tion  for  libellous  or  slanderous  words,  falsely  and  maliciously  im- 
pugning his  title,  if  any  damage  has  accrued  to  him  therefrom. 


AliTICLE  II. 

OF  IN.TURIKS  TO  PERSONALTY  (tENKRALLY. 

Section.  |  Section. 

2965.  Tnjury  to  possession.  |   2968.  Trespas.s. 

2966.  ]\[ere  possession.  j   2909.  In  cases  of  bailment. 
29G7.  Trover.  1   2970.  Remainder  interest. 

§2965.  The  owner  of  personalty  is  entitled  to  the  possession  ^"Jury  to 

,  ,.,,,.  .  ^  possession. 

thereof.     Any  deprivation  of  such  possession  is  a  tort  for  which 
an  action  lies. 

§2966.  Mere  possession  of  a  chattel,  if  without  title,  or  wrong- Mere  pos- 
fully,  will  give  a  right  of  action  for  any  interference  therewith,  "'*"'''"■ 
exce})t  as  against  the  true  owner  or  the  i)erson  wrongfully  de- 
prived of  possession. 

§2967.  Trover  may  be  nscd  as  a  form  of  acli-.n  t(»  recover  the  Trover. 
Xwssession  of  chattels,  an  alternative  verdict   in   damages,  to  be 
discharged  on  delivery  of  the  property,  being  taken  ;  but  it  shall 
not  be  necessary  to  prove  any  conversion  of  the  ju-operty  where 
the  defendant  is  in  ])ossessioii  when  tlie  action  is  brought. 

§2968.  Any  abuse  of,  or  damage  done  to  the  personal  pro- Trespass, 
perty  of  another  unlawfully,  is  a  trespass  for  whicli   damages 
may  be  recovered. 

§2969.  In  cases  of  bailments,  where  the  possession  is  in  the  in  rases  of 
bailee,  a  trespass,  committed  during  the  existence  of  the  bail-  ^""''"''"'^• 
ment,  will  give  a  right  of  action  to  the  bailee  for  the  interference 


552 


PT.  2.— TIT.  y.— CHAP.  3.— Tokts. 


Article  2. — Of  Injuries  to  Personalty  GeneraDy. 


Bemaindei- 
IntercBts. 


with  his  special  property,  and  a  concurrent  right  of  action  to  the 
bailor  for  tlie  interference  with  Ins  general  property. 

§2970.  A  remainder-man,  or  reversioner  of  personalty,  may 
maintain  an  action  against  a  wrong-doer  for  any  injury  going  to 
destroy  tlie  existence  or  ultimate  value  of  the  property.  In  such 
cases  tlie  tenant  in  possession,  and  remainder-man  or  reversioner, 
may  sue  jointly  for  the  injury  to  the  entire  estate,  the  recovery 
beiner  held  under  like  limitations. 


ARTICLE  III. 


Section'. 


OF  IXJrRIKS  TO  SL.WKS. 
Section. 


2971.  General  principles. 

2972.  To  master's  title. 

2973.  Injury  by  co-employee. 


2974.  Corrupting  a  slave. 

2975.  Inducinp  to  crime. 
297G.  llarboring  Fugitive. 


Cicneral 
Principles. 


To  Master's 
Title. 


Injury  hy 
co-employee 


Corrupting 
a  Slavn. 


Inducing  to 
Crime. 


Harboring 
FugitlTe. 


§2971.  All  the  principles  stated  in  the  preceding  article  apply 
to  slaves.  From  the  peculiar  nature  of  this  propert}-,  other  prin- 
ciples are  specially  applicable  to  them. 

§2072.  The  master  may  also  maintain  an  action  for  libellous 
and  slanderous  words,  falsely  and  maliciously  impugning  his  ti- 
tle to  his  slave,  if  actual  damage  has  accrued  to  him  therefrom. 

§  2973.  The  rule  of  law  that  a  i)rincipal  is  not  liable  lor  the 
trespass  or  injury  occuring  to  one  employee  from  the  negligence 
or  misconduct  of  another,  while  engaged  in  the  same  service,  is 
not  applicable  to  the  case  of  slaves  so  employed.  In  all  such  ca- 
ses, the  master  has  a  right  of  action. 

§  297i.  One  who  voluntarily  corrupts  the  slave  of  another  by 
furnishing  him  with  spirituous  liquors,  encouraging  him  to  steal 
or  ,to  runaway,  or  otherwise  to  render  him  less  valuable  to  his 
master,  commits  a  tort,  for  which  the  master  may  recover  in 
damages. 

§  2t>75.  If  a  slave  by  the  enticement,  encouragement  or  com- 
mand of  another,  commits  an  offence  by  which  the  master  loses 
his  services  for  any  length  of  time,  or  his  property  by  the  forfei- 
ture of  his  life,  the  person  so  enticing,  encouraging  or  command- 
ing, shall  be  responsible  to  the  owner  for  the  damage  so  done. 

§297C).  One  M'ho  harbors  or  assists  in  concealing  or  supporting 
the  fugitive  slave  of  another  is  responsible  to  the  master  in  dam- 
ages. 


PT.  2.— TIT.  8.— CHAP.  8.— Tokts.  553 

Article  4. — Of  Injuries  by  Railroad  Companies. 

ARTICLE  lY. 

OF  INJURIES  BY  RA.ILROAD  CO.\£PANIE.S. 


Section.  :  Section. 

2977.  Damages  for  right  of  way.  j   2980.  Injury  by  co-employee. 

2978.  Damages  by  running  of  cars,  4c, 

2979.  Consent  or  neglic^enoe. 


2981.  Record  of  stock  killed. 

2982.  Taking  slave  -without  pcntiit. 


§2977.  Ill  controversies  with  respect  to  the  damages  to  be  as- Pamapes  for 
sessed  for  tlie  right  of  way,  ■iindcr  any  raih'oad  charter,  tiie  award  "^  ^"  ^*^' 
of  a  majority  of  the  appraisers  appointed  under  the  cliarter  shall 
be  sufficient. 

§2978.  A  railroad  company  shall  be  liable  for  any  damage  Damapes  by 
done  to  persons,  slaves,  stock  or  other  property,  liy  the  running care!&l  "^ 
of  the  locomotives,  or  cars,  or  other  machinery  of  such  company, 
or  for  damage  done  by  any  person  in  the  employment  and  ser- 
vice of  such  company,  unless  the  comi)any  shall  make  it  appear 
that  their  agents  have  exercised  all  ordinary  and  reasonable  care 
and  diligence,  the  presumption  in  all  cases  being  against  the 
company. 

§  2979.  No  iierson  shall  recover  damage  from  a  railroad  com-C'"nsent  or 

A  o  negligence. 

pany,  for  injury  to  himself  or  his  property,  where  the  same  is 
done  by  his  consent,  or  is  caused  by  his  own  iiQgligence.  If  the 
complainant  and  the  agents  of  the  company  are  both  at  fault, 
the  former  may  recover,  but  the  damages  shall  be  diminished  by 
the  jury  in  proportion  to  the  amount  of  default  attributable  to 
hiin. 

§2980.  If  the  person  injured  is  himself  an  employee  of  the  injnry  by 
company,  and  the  damage  was  caused  by  another  employee,  and 
without  fault  or  negligence  on  the  ])art  of  the  person  injured, 
his  employment  by  the  company  shall  be  no  bar  to  the  recovery, 

§2981.  Every  railroad  company  shall  require  of  every  engine- K^^ord  of 
runner,  employed  by  them,  to  render  daily,  to  a  proper  officer, 
an  account  of  any  stock  or  other  property  injured  as  aforesaid, 
which  returns  shall  be  kept  recorded  in  a  book,  and  open  for  the 
inspection  of  all  persons.  For  the  failure  to  keep  such  a  record, 
and  to  require  such  return,  the  company  shall  be  liable  for  ten 
per  cent,  extra  damage  to  every  person  whose  property  is  injured 
by  them. 

§2982.  Every  railroad  company,  by  its  agents,  receiving  on  Taking »uv« 

1  1   ii      •  '  1  -ii  i  '  •.,  •      •  rt  -1       without  per- 

boartl  their  cars  a  slave,  without  a  written  permission  from  the  mit. 
master  or  employer  of  such  slave,  or  some  person  authorized  to 


554  PT.  2.— TIT.  8.— CHAP.  3.— Torts. 

Article  4. — Of  Injuries  by  Railroad  Companies. 

give  such  permission,  to  that  effect,  shall  be  liable  to  the  master 
or  employer  for  double  the  damage  sustained  by  reason  of  such 
reception ;  unless,  thereby,  the  slave  has  been  enabled  perma- 
nently to  escape  from  bondage,  or  has  lost  his  life,  in  either  of 
which  cases,  the  company  shall  be  liable  for  the  full  value  of  such 
slave,  with  a  reasonable  hire,  and  all  necessary  expenses  incurred 
bv  the  jnaster  bv  reason  of  their  misconduct."- 


CHAPTER  IV. 

OF  DKFKXCKS. 

Akticle  1.  Of  justilication. 
Article  2.  Of  satisfaction  and  herein  of  tender. 
Article  3.  Of  limitation  of  actions. 
Article  4.  Other  defences. 


ARTICLE  ]. 

OF  JUSTIFICATION. 

Sectiox.  Section. 

2983.  Justilication.  '   2985.  Consent. 

2984.  Extenuation. 

Justification  §  2983.  Ill  cvery  case  of  tort,  if  the  defendant  was  authorized 
by  law  to  do  the  act  complained  of.  he  may  plead  the  same  as  a 
justilication;  by  such  plea  he  admits  the  act  to  be  done,  and 
shall  be  entitled  to  nil  the  ]u-ivilege5  of  one  holding  the  affirma- 
tive of  the  issue. 

Extenuation  g  2984.  AVliat  docs  not  amount  to  justilication  may  be  pleaded 
in  extenuation  and  mitigation  of  damages. 

Consent.  §  2985.  As  a  general  rule,  there  can  be  no  tort  committed  to  a 

person  consenting  thereto,  if  that  consent  be  free  and  not  obtain- 
ed by  fraud,  and  be  the  action  of  a  sound  mind.  The  consent  of 
a  person  incapable  to  consent,  as  a  minor,  a  slave,  and  in  some 
cases  a  married  woman,  cannot  affect  the  rights  of  the  husband,, 
parent,  guardian  or  master. 

*Sec  Pan  ].  Title  G  Chapter  ;">.  .-Vvticle  4.  ag  to  railroad  crossings  and  injuries  done- 
tliereat. 


PT.  2.— TIT.  8.— CHAr.  4.— Torts.  555 

Article  2. — Of  Satisfaction,  and  herein  of  Tender. 

ARTICLE  II. 

OF  HATISFACTION  AND  HEREIN  OF  TENDER. 


Section. 

2986.  Satisfaction. 

2987.  Compounding  a  fek)n3^ 


Section. 
2988.  Tender  ot  damages. 
29S9.  Tender  in  trover. 


§  2980.  If  the  tort  complained  of  does  not  amount  to  a  crime,  satisfaction, 
the  person  injured  may  consent  to  a  satisfaction  and  settlement 
thereof,  and  if  it  does  amount  to  a  crime,  the  person  injured  may 
agree  upon  and  receive  compensation  for  the  personal  injury; 
any  attempt,  however,  to  satisfy  the  public  offence,  or  to  sup- 
press a  prosecution  therefor,  is  illegal,  aud  vitiates  the  entire 
agreement,  except  in  those  cases  where  the  law  expressly  allows 
of  sucli  a  settlement. 

§  2087.  If  the  offence  sought  to  be  satisfied,  or  the  prosecution  compound- 
sought  to  be  suppressed,  amounts  to  a  felony,  the  agreement  it-"'"'*  ^'^'°"^" 
self  is  an  offence  under  the  Penal  Code,  and  though  executed,  is 
no  defence  to  an  action  for  the  tort;  but  if  the  offence  is  not  a 
felony,  and  the  agreement  is  fully  executed,  it  shall  be  a  satisfac- 
tion for  the  private  tort. 

§  2988.  A  person  committing  a  tort  to  the  person  or  property  Teller  or 
may,  before  or  after  suit  brought,  tender  to  the  person  injured  *^^"''^^*' 
such  an  amount  of  damages  as  in  his  judgment  covers  the  injury, 
and  if  the  same  be  rejected,  he  may  deposit  the  amount  in  the 
office  of  the  Clerk  of  the  Superior  Court  of  the  county  of  his 
residence,  as  a  continued  tender;  and  if  the  jury  trying  the 
cause  shall  give  no  more  damages  than  the  amount  tendered,  the 
plaintiff  shall  recover  no  costs  accruing  subsequent  to  the  time  of 
the  tender, 

§  2989.  In  actions  for  the  recovery  of  personal  property,  if  the  Tender  in 
defendant  at  the  iirst  term,  will  tender  the  property  to  the  plain- 
tiff', together  with  reasonable  hire  for  the  same  since  the  conver- 
sion, disclaiming  all  claim  of  title,  the  costs  of  the  action  shall 
be  paid  by  the  plaintiff,  unless  he  can  prove  a  previous  demand 
of  the  defendant,  and  a  refusal  to  deliver  it  up. 


556  PT.  2.— TIT.  8.— CHAP.  4.— Torts. 


Article  3. — Limitation  of  Actions. 


ARTICLE  III. 

OF  LIMITATIOX  OF  ACTIONS. 

Section.  .Seciion. 

2990.  Trespas.s  of  realty.  i  2992.  To  the  person. 

2991.  To  personalty.  I   299.3.  Disabilities. 

Trespass  to       §  2990.  All  actioiis  foi'  trcspasH  upon  or  damages  to  realty,  shall 
'^  ^'         be  brought  within  four  years  after  the  right  of  action  accrues. 
To  personal-     §2991.  Actions  for  injuries  to  personalty  shall  be  l)rouglit 
^'  within  four  years  after  the  riglit  of  action  accrues. 

To  the  per-       §  2992.  Actious  for  iniuries  done  to  the  person  shall  be  brought 

son.  .   ,   ,  />  "i  .    1  /•  •  ,•         • 

withm  two  years  alter  the  right  oi  action  accrues,  except  tor  in- 
juries to  the  reputation,  which  sliall  be  brought  within  one  year. 
Disabilities.  §  ^993.  Tlic  disabilities  and  exceptions  prescribed  in  limiting- 
actions  on  contracts  shall  be  allowed  and  held  applicable  to  ac- 
tions for  tort. 


ARTICLE  IV. 

OF  OTHER  DEFENCES. 


Sectiox. 

2994.  Arljitraiuenl  and  award. 

2995.  Former  recovery,  &c. 


Sectiox. 
2996.  Infoucy. 


Arbitrament      §  ^994.  Arbitrament  and  award  is  a  good  defence  to  an  action 
and  award,    j'^^  .^  ^^^t^  ^^^  ^l^g  I'ules  prescribed  in  reference  to  this  defence  to 

a  contract,  apply  equally  to  a  tort. 
Former  re-       §2995.  Former  recovery,  and  the  pendency  of  another  suit, 
covery,&c.  ^^.^  ^^^^  good  defcuces,  and  subject  to  the  same  rules  as  when  ap- 
plied to  contracts.     Sometimes  a  party  may  sue  either  for  the 
tort  or  upon  the  contract ;  in  such  case  he  must  elect  on  which 
he  will  proceed. 
Infancy.  §  2996.  Infancy  is  no  defence  to  an  action  for  a  tort,  provided 

the  defendant  has  arrived  at  those  years  of  discretion  and  ac- 
countability prescribed  by  this  Code  for  criminal  oftences. 


PT.  2.— TIT.  S.— Torts.  557 


Chapter  5. — Of  Damages. 


CHAPTER  Y 

OF  DAMAGES. 


Section. 

2997.  General  rule. 

2998.  Aggravation. 

2999.  Vindictive  damages. 
.^000.  Necessary  expenses. 

3001.  Division. 

3002.  General  damages. 

3003.  Direct  and  consequential. 

3004.  Too  remote. 


Section. 

3005.  Rnle  to  ascertain. 

3006.  E.xception  to  the  rule. 

3007.  Against  joint  trespassers. 

3008.  Coutributiou. 

3009.  Hire  of  .«lave?. 

3010.  Higliest  amount  proved. 

3011.  Death,  &c..,  of  property. 

3012.  Verdict  in  trovej-.  effect  on  title. 


§  2997.  Daniajj^es  are  given  as  eomperisation  for  tlie  injury  done,  ,.e„erai  r,iie 
and  generally  this  is  the  measure  "where  the  injury  is  of  a  char- 
acter capable  of  being  estimated  in  money.     If  the  injury  be 
small,  or  the  mitigating  circumstances  be  strong,  nominal  dama- 
ges only  are  given. 

§  2998.  In  every  tort  there  may  be  aggravating  circumstances,  Agsravation 
either  in  the  act  or  the  intention,  and  in  that  event  the  jury  may 
give  additional  damages,  either  to  deter  the  wrong  doer  from  re- 
peating the  trespass,  or  as  compensation  fur  the  wounded  feelings 
of  the  plaintiff. 

§  2999.  In  some  torts  the  entire  injury  is  to  the  peace,  happi- vindictive 
ness,  or  feelings  of  the  plaintitF;  in  such  cases,  no  measure  of  *'''™^^*' 
damages  can  be  prescribed,  except  the  enlightened  conscience  of 
impartial  jurors ;  the  worldly  circumstances  of  the  parties,  the 
amount  of  bad  faith  in  the  transaction,  and  all  the  attendant 
facts,  should  be  weighed.  The  verdict  of  the  jury,  in  such  a  case, 
should  not  be  disturbed,  unless  the  court  should  suspect  bias  or 
prejudice  from  its  excess  or  its  inadequacy. 

§3000.  In  all  cases  necessary  expenses  consequent  upon  the  Necessary 
injury  done,  are  a  legitimate  item  in  the  estimate  of  damages,      "'^p*'"*''*- 

§3001.  Damages  may  be  either  general  or  special,  direct  orDiyision. 
consequential. 

§3002.  "General"  damages  are  such  as  the  law  presumes  too«nerai 
flow  from  any  tortious  act,  and  may  be  recovered  without  proof '''""'^^*" 
of  any  amount.     "Special"  damages  are  such  as  actually  flowed  spooiai. 
from  the  act,  and  must  l)e  proved,  in  order  to  be  recovered. 

§3003.  "Direct"   damages  are    such    as  follow    immediately  Direct  ami 
upon  the  act  done.     "Consequential"  danuiges  are  such,   as  are  til^"'"!"""" 
the  necessary  and  connected  efiect  of  the  tortious  act,  though  to 
some  extent  depending  upon  other  circumstances. 


558  PT.  2.— TIT.  8.— Tokts. 

Chapter  5.— Of  Damages. 

Too  remote,  §  3004:.  If  tlic  daiiiagGS  arc  only  the  imaginary  or  possible  re- 
sult of  the  tortious  act,  or  other  and  contingent  circumstances 
preponderate  largely  in  causing  the  injurious  effect,  such  dama- 
ges are  too  remote  to  he  tlie  basis  of  recovery  against  the  wrong- 
doer. 

Rule  to  as-       §  3005.  Damages  which  are  the  legal  and  natural  result  of  the 

certain.  ^,,,".  ,. 

act  done,  tliough  contingent  to  some  extent,  are  not  too   remote 
to  be  recovered.     But  damages  traceable  to  the   act,  but  not  its 
legal  or  material  consequence,  are  too  remote  and  contingent. 
Exception        §3006.  If,  liowcver,  the   tort  is   committed,   or  the  contract 
**"''^''"       broken  or  the  duty  omitted,  witli  a  knowledge  and  for  the  pur- 
pose of  depriving  the  party  injured  of  such  benelits  as  are  speci- 
fied in  the  last  paragrapli,  then  the  remote  damages  are  made  by 
such  knowledge  and  intent  a  proper  subject  for  consideration  by 
the  jury. 
Asainst  §  3007.  Where  several  trespassers  are  sued  iointly,  the  i)lain- 

.iolnttresi)a8-        OJ  *  _  A  J  "^ '.     .  \ 

sers.  tiff  may  recover  against  all  damages  tor  the  greatest  injury  done 

by  either.     But  tlie  jury  may  in  their  verdict,  specify  tlie  i)arti- 

cular  damages  to  be  recovered  of  each,  and  judgment  in  such 

case,  must  be  entered  severally. 

€ontribu-         §3008.  If  judgment  is  entered  jointly  against  several  trespas- 

tion.  ggj.g  ^^^  jg  Y>^^^  off  ^y  one,  the  others  shall  V)e  liable  to  him  for 

contribution. 
Hire  of  §  3009.  Ill  ail  action  for  the  recovery  of  slaves,  if  the  defendant  is 

a  bona  fide  claimant,  the  recovery  for  hire  may  be  diminished  by 
necessary  expenses  incurred  in  the  rearing  or  preserving  the  prop- 
erty from  loss.     But  this  rule  shall  not  apply  to  a  wrong  doer 
of  whose  good  faith  the  jury  are  not  satisfied.''* 
Hiffhest  §  3010.  In  estimating  the  value  of  personalty   unlawfully  de- 

ij^oko.       tained,  the  plaintiff'  may  recover  the  highest  amount  which  he 

can  prove  between  the  time  of  the  conversion  and  the  trial. 
Death  Ac        §  ^011.  The  death,  or  destruction,  or  any  material  injury  to  the 
Sow'^fa'i"'^ '  property  pending  the  litigation,  shall  be  no  defence  to  a  mere 
defence.      ^vrong-doer.     If  the  defendant  is  a  hoiia  fide  claimant,  and   the 
injury  arises  from  the  act  of  God,  and  in  no  wise   the   result   of 
defendant's  conduct,  the  jury  may  take  the  same  into  considera- 
tion, but  in  no  case  shall  such  an  event  cast  the  costs  upon  the 
plaintiffs. 

*  As  to  settiug  oft'  *•  ralu>ible  improvements"  against  mesne  profits,  see  Title  7,  Chap- 
ter 8,  Article  8. 


FT.  2.— TIT.  8.— Torts. 


559 


Chapter  5. — Of  Damages. 


S3012.  An  alternative  verdict  in  an    action  of  trover,  so  far  verdict  in 

o  trover.     Kf- 

vests  the  title  to  tlie  property  sued  for  in  the  plaintilf,  that  until  feet  on  wue. 
the  judgment  is  paid  hj  the  defendant,  such  judgment  shall  have  • 

the  first  lien  on  the  property  sued  for,  to  the  exclusion  of  all  other 
claims  whatsoever. 


TITLE  IX. 

OF  EQUITY. 

CUAITEK 

1. 

General  Principles. 

Chapter 

2. 

Of  discovery. 

Chapter 

3. 

Of  perpetuation  of  testimony 

Chapter 

4. 

Of  accidents  and  mistake. 

Chapter 

5. 

Of  accounts  and  set-oiT. 

Chapter 

0. 

Of  administration  of  assets. 

Chat'ter 

7. 

Of  charities. 

Chapter 

8. 

Of  election. 

Chapter 

!♦. 

Of  execution  of  powers. 

Chapter 

10. 

Of  fraud. 

Chapter 

11. 

Of  partition. 

Chapter 

12. 

Of  specific  performance. 

Chapter 

13. 

Of  trust  and  trustee. 

Chapter 

14. 

Of  extraordinary  remedies. 

CHAPTER  I. 

GENERAL   PRINCIPLES. 


•Section. 

.3013.  Jurisdiction. 

3014.  Grounds  of  relief. 

3015.  Choice  of  form. 

3016.  Equity  follows  the  law. 

3017.  Complainant  must  do  ei^nitr. 

3018.  Complete  justice. 

3019.  What  ought  to  be  done  is  done. 

3020.  Equities  equal. 

3021.  Volunteers. 

3022.  Party  misled. 

3023.  Eciuality  i«  equity. 


Section. 
3021.  Notice. 

3025.  Bona  fide  purchaser. 

3026.  Both  parties  at  foult. 

3027.  Laches. 

3028.  Common  law  remedy. 

3029.  Concurrent  jurisdiction. 

3030.  Masters.  ' 

3031.  Receivers. 

3032.  Attachment  and  execution. 

3033.  Extent  of  jurisdiction. 


S/^56 


560  PT.  2.— TIT.  9.— Equity. 


Chapter  1. — General  Principles. 


jnriBdiction.  §  3013.  All  equity  jurisdiction  in  this  State  is  vested  in  the 
Superior  Courts  of  the  several  counties. 

GronndB  of      §  3014.  Equitj  jurisdiction  is  established  and  allowed  for  the 
'*"*'^'         protection  and  relief  of  parties,  where  from  any  peculiar  circura-  . 
stances,  the  operation  of  the  p:eneral  rules  of  law  would  be    defi- 
cient in  protecting  from  anticipated  wrong  or  relieving  for  inju- 
ries done. 

Choice  of  §  3015.  No  suitor,  however,  is  compelled  to  appear  on  the 
equity  side  of  tlie  court,  but  he  may  institute  his  proceeding  for 
an  cfpiitable  cause  of  action  upon  the  common  law  side  of  the 
court  at  his  option,  and  tlie  court  may  allow  the  jury  to  find  a 
verdict,  and  a  judgment  ])e  rendered  thereon,  so  moulded  and 
framed  to  give  equitable  relief  in  the  case,  as  verdicts  and  decrees 
are  rendered  and  framed  in  equity  proceedings. 

Equity  foi-       §3010.  Equity  is  ancillary,  not  antagonistic  to  the  law.    Hence 

h.Z^  ^''''  equity  follows  the  law  where  the  rule  of  law  is  applicable,  and  the 
analogy  of  the  law,  where  no  rule  is  directly  applicable. 

comi.iainuut  §  3017.  Hc  who  would  liave  equity  must  do  equity,  and  give 
effect  to  all  equitable  rights  in  the  other  party  respecting  the 
subject  nuitter  of  the  suit. 

§3018.  Equity  seeks  always  to  do  conq)lete  justice;  and  hence, 

i^istik  having  the  parties  before  the  court  rightfully,  it  will  proceed  to 
o-ive  full  relief  to  all  parties  in  reference  to  the  subject  matter  of 
the  suit,  provided  the  court  has  jurisdiction  for  that  purpose. 

What  ought      §  3019.  Equity  considers  that  done  which  ought  to  be  done,  and 

d^nl'""  "  dii^cts  its  relief  accordingly. 

Equities  §3020.  Where  equities  are  equal  the  law  will  prevail.     Ifequi- 

*'''"''■  ties  are  unequal  the  superior  equity  must  prevail :  superior  dili- 
gence as  to  time  will  create  such  inequality. 

Volunteers."  §3021.  The  cquity  uudcr  trust  or  coutract  for  value  is  supe- 
rior to  that  of  a  mere  volunteer. 

Parly  mis-       §  3022.  The  cquitv  of  a  party  who  has  been  misled  is  superior 

^"^  to  that  of  him  who  willfully  misleads  him. 

Equality  is     §  3023.  lu  uiauy  cases,  equality  is  equity  in   the  distribution 

equity-        Qf  equitable  assets. 

Kouce.  §  3024.  He  who  takes  with  notice  of  an  equity,  'takes  subject 

to  that  equity. 

§  3025.  A  bona  fide  purchaser  for  value,  and  without  notice 


must  do 
equity 


Complete 


BoBft   fide 


purchaser.    ^^  ^^^  equity,  wiU  not  be  interfered  with  by  a  court  of  equity. 
„  ,     .,        S  302G.  When  both  parties  are  at  fault,  and  equally  so,  equity 

Botk  parties       o  r  t  •       r?     j        i  rri 

at  fault       will  not  interfere,  but  leaves  them  where  it  finds  them.       ihe 


FT.  2.— TIT.  9.— Equity, 


561 


Chapter  1. — General  Principles. 


rale  is  otherwise,  if  the  fault  of  one  over-balances,  decidedly, 
that  of  the  other. 

§  3027.  Equity  gives  no  relief  to  one  whose  long  delay  renders  LacUeu. 
the  ascertainment  of  the  truth  difficult,  though  no  legal  limita- 
tion bars  the  right. 

§  3028.  Equity  will  not  take  cognizance  of  a  plain  legal  right,  oomtnon 
where  an  adequate  and  complete  remedy  is  provided  by  law,  but  "'^  '^'^"®  ^' 
a  mere  privilege  to  a  complainant  to  sue  at  law,  or  the  existence 
of  a  common  law  remedy,  not  as  complete  or  eilectual   as  the 
equitable  relief,  shall  not  deprive  equity  of  jurisdiction. 

§  3029.  Where  law  and  equity  have  concurrent    jurisdiction,  concurrent 

1  J,  ,..,,.*.  1  ,  jurisdiction, 

the  court  nrst  takmg  will  retain  it,  unless  a  good  reason  can  be 
given  for  the  interference  of  equity. 

§  3030,  In  equity  causes,  the  court  may  refer  any  part  of  the  Masters. 
facts  to  a  master  or  auditor,  and  his  report  thereon  shall  be  pri- 
ma facie  the  truth,  after  allowance  by  the  court,   either  party 
having  the  liberty  to  except.     But  the  linal  decision   upon   the 
facts  shall  be  by  a  special  jury. 

§3031.  Courts  of  equity  shall  have  authority  to  appoint  re- i*ec«iJv«r«. 
ceivers,  to  take  possession  of  and  protect  trust  or  joint  property 
and  funds,  whenever  the  danger  of  destruction  and  loss  shall  re- 
quire such  interference. 

§  3032.  All  orders  and  decrees  of  the  court  may  be  enforced  Attachment 
by  attachment  against  the  person  ;  decrees  for  money  may  be  "j"  „  "'"'''"■ 
enforced  by  execution  against  the  property. 

§  3033.    Generally  equity   jurisprudence  embraces  the  same  Extent  of 
matters  of  jurisdiction  and  modes  of  remedy  in  Georgia  as  was^""""  "'"°°" 
allowed  and  practiced  in  England. 


CIIAPTEll  11. 

OP  DISCOVERY. 


Section. 
H034    Discovery. 

3035.  Privilege  of  party. 

3036.  E.xtent  of  discovery. 

3037.  Under  oath. 


Section. 

3038.  Answer  how  far  evidence. 

3039.  What  is  responsive. 

3040.  Answers  of  oo-defendanl. 


§3034:.  A  court  of  equity  may  compel  either  party  to  discover  Diaoovery. 
facts,  within  his  knowledge,  beneficial  to  the  other  party,  and 
material  to  his  case,  and  this,  either  upon  a  bill  for  discovery 
30 


562  PT.  2.— TIT.  9.— Equity. 


Chapter  2. — Of  Discovery. 


and  relief,  or  for  discovery  alone — ancillary  to  some  other  civil 
wawed       proceedings.     But  the  party  seeking  relief  may  waive  discovery, 

and  in  such  case,  the  defendant's  answer  is  not  evidence. 
Privilege  of     §  3035.  No  party  shall  be  required  to  discover  matters  tend- 
^"^  ^'         ing  to  criminate  himself,  or  to  expose  liini  to  a  penalty  or  for- 
feiture, nor  to  make  discovery  of  irrelevant  matters,  nor  the  ad- 
vice of  his  professional  advisers,  nor  his  consultation  with  them, 
nor  matters  relating  to  his  own,  and  not  the  plaintiff's  case,  nor 
can  official  persons  be  called  on  to  disclose  any  State  matters,  of 
which  the  policy  of  the  State  and  the  interest  of  the  community 
require  concealment. 
Extent  of        §  3036.  Tlic  discovcry  must  be  full  and  free  as  to  all  matters 
scoTcry.    ^^  ^._^^^  ^^  whicli  it  is  propcrlv  sought,  and  must  include  the  re- 
spondent's information  and  belief.     If  documents  are  desired  in 
defendant's  possession  or  power,  he  must  produce  or  satisfacto- 
rily account  for  them. 
Under  onth.      §  3037.  Tlic  discovcry  must  be  under  oath  or  affirmation,  but 
may  be  confined  to  those  points  to  which  special  interrogatories 
are  placed  in  the  bill. 
Answer  hoir     §  3038.  Tlic  auswcr  of  a  defendant,  as  to  facts  within  his  own 
knowledge  responsive  to  the  discovery  sought,  is  evidence  in  his 
favor,  and  can  be  rebutted  only  by  two  witnesses,  or  one  witness 
and  corroborating  circumstances.    The  complainant  is  not  bound 
to  read  any  portion  of  the  answer,  except  that  responsive  to  the 
bill.     The  defendant  may  read  all  as  pleading.      If  the  bill  is 
for  discovery  alone,  then  the  whole  answer  must  be  read  together. 
And  in  the  latter  case,  the  complainant  must  pay  the  costs. 
What  is  re-     §  3039.  What  is  responsive  is  a  question  for  the  court.     Any 
eponee.        explanation  of  an  admission  made,  or  fact  necessarily  connected 
with  it,  is  part  of  the  response.     Any  matter  in  avoidance  there- 
of is  new  matter,  and  must  be  proved. 
.  ,     S  3040.  The  answer  of  one  defendant  is  evidence  for  another. 

Answers    of        "  ' 


ant& '^^"*^'    whenever  it  states  facts  against  his  own  interest,  and  in  favor  of 
his  co-defendants. 


f 


PT.  2.— TIT.  9.— Equity.  563 

Chapter  3. — Of  Perpetuation  of  Testimony. 


CHAPTER  III. 

OF  PERPETUATION  OF  TESTIMOXY. 

Section.  I  Section'. 

.3041.  When  it  may  be  done.  !   3043.  When  evidence. 

3042.  Possession  immateriah  ;;044.  Costs. 

§3041.  Courts  of  ecjuity  may  entertain  proceedings  for  tlie  whemtmaf 
perpetuation  of  testimony,  in  all  cases,  where  the  fact  to  which 
the  testimony  relates  cannot  be  made  immediately  the  subject  of 
investigation  at  law,  and  the  common  law  proceeding  authorized 
under  this  Code  for  any  cause,  cannot  be  available,  or  as  com- 
pletely available,  as  a  proceeding  in  equity. 

§  8012.  It  is  immaterial  as  to  the  possession  of  the  property,  possession 
nor  will  the  proceeding  be  denied,  though  all  parties  in  interest  ""°^'*^"* 
cannot  be  ascertained  or  reached. 

§3043.  Testimony  thus  taken  shall   be  afterwards  used  only  when  evi- 
from  the  necessity  of  the  case,  but  in  such  case  may  be  used 
against  all  persons,  whether  parties  to  the  proceeding  or  not. 

§3044.  The  complainant  shall  in  all  such  cases  be  taxed  withcoata. 
the  costs. 


CHAPTER  lY. 

OF  ACCIDENT  AND  MISTAKE. 
Section.  i  Section. 


3054.  Ignorance  of  law. 

3055.  Mistake  of  law  by  parties. 

3056.  By  the  draftsman  or  agent. 

3057.  Reforming  a  contract,  &c. 

3058.  Mistake  of  fact. 

3059.  Negligence. 


3045.  What  is  accident. 

3046.  Lost  bonds  or  notes. 

3047.  Error  in  form. 

3048.  Rule  of  construction. 

3049.  Volunteers. 

3050.  What  is  mistake. 

3051.  Parol  evidence  admissible.  '  3060.  Mutual  ignorance. 

3052.  Against  whom  equity  will  relieve.      3061.  In  execution  of  a  power. 

3053.  Division  of  mistake.  !  3062.  Setting  aside  Judgment. 

§3045.  An  accident,  relievable  in  equity,   is  such  an   occur- what  i»ao, 
rence,  not  the  result  of  negligence  or  misconduct  of  the  party  *'''^'"'*" 
seeking  relief  in  relation  to  a  contract,  as  was  not  anticipated  by 
the  parties  when  the  same  was  entered  into,  and  which  gives  an 
undue  advantage  to  one  of  them  over  another  in  a  court  of  law. 

§  304().  In  cases  of  lost  bonds  or  negotiable  securities,  the  court  Lost  bonds 
will  decree  payment,  upon  indemnity  given  against  liability  or  "^  ""'"*■ 
loss  thereon. 


564 


PT.  2.— TIT.  9.— Eqoity, 


Chapter  4. — Of  Accident  and  Mistake. 


Error  in 
form. 


Eiilc  of  con 
gtructitiii. 


Volunteers. 


What  is 
mistake. 


Parol  evi- 
dence. 


AsaiiiBt 


Division  of 
misUikL'S. 
Ignorance 
of  law. 


Mistake  of 
law  by 

parties. 


By  tho 
draftsm.in 
or  agent 


Ilefornning 
a  contract, 


§  304:7.  If  the  form  of  conveyance  is,  by  accident  or  mistake, 
contrary  to  the  intention  of  the  parties  in  their  contract,  ec^uity 
will  interfere  to  make  it  conform  thereto. 

§  304:8.  Equity  seeks  always  to  construe  conditions  subsequent 
into  covenants,  and  to  relieve  against  forfeitures,  where  the  rules 
of  (H)nstruction  will  allow. 

§3049.  Equity  will  not  interfere  to  relieve  against  accidents 
or  mistakes  of  mere  volunteers,  but  if  the  contract  is  actually  ex- 
ecuted, then  all  the  rights  growing  out  of  it  against  or  in  favor 
of  anybody,  will  be  enforced. 

§3050.  Mistake,  relievable  in  equity,  is  some  unintentional 
act,  or  omission,  or  error,  arising  from  ignorance,  surprise,  impo- 
sition, or  misplaced  confidence.  This  power  is  exercised  with 
caution,  and  to  justify  it,  the  evidence  must  be  clear,  unequivo- 
cal and  decisive  as  to  the  mistake. 

§3051.  Parol  evidence  is  admissible  to  prove  a  mistake  in  a 
deed,  or  any  other  contract  required  by  law  to  be  in  writing. 

§3052.  Equity  will  grant  the  relief  as  between  the  original 
2)arties,  or  their  privies  in  law,  in  fact  or  in  estate,  except  hono: 
Jide  purchasers  for  value  without  notice. 

§3053.  Mistakes  may  be  either  of  law  or  of  fact. 

§  3054.  Mere  ignorance  of  the  hiw  on  the  part  of  the  party 
himself,  where  the  facts  are  all  known,  and  there  is  no  misplaced 
confidence,  and  no  artifice,  or  deception,  or  fraudulent  practice, 
is  used  by  the  other  party,  either  to  induce  the  mistake  of  law, 
or  to  prevent  its  correction,  will  not  authorize  the  intervention 
of  equity. 

§  3055.  An  honest  mistake  of  the  law,  as  to  the  effect  of  an  in- 
strument on  the  part  of  both  contracting  parties,  when  such  mis- 
take operates  as  a  gross  injustice  to  one,  and  gives  an  uncon- 
scious advantage  to  the  other,  may  be  relieved  in  equity. 

§3056.  A  mistake  of  law  jn  the  draftsman,  or  other  agent,  by 
which  the  contract,  as  executed,  does  not  fulfill,  or  violates  the 
manifest  intention  of  the  parties  to  the  agreement,  is  relievable 
in  equity. 

§  3057.  A  distinction  exists  between  reforming  a  contract  and 
executing  a  contract  in  case  of  mistake.  To  authorize  the  former, 
the  court  must  be  satisfied,  by  the  evidence,  that  the  mistake  was 
mutual ;  but  the  court  may  refuse  to  act  in  the  latter  case,  if  the 
mistake  is  confined  to  the  party  refusing  to  execute. 


PT.  2.— TIT.  9.— Equity.  565 


Cluapter  4. — Of  Accident  and  Mistake. 


§3058,  In  all  cases  of  a  mistake  of  a  fact  material  to  the  con- Mutakeof 

^  ^  fact. 

tract,  or  other  matter  affected  by  it,  if  the  party  complaining  ap- 
plies within  a  reasonable  time,  equity  will  relieve. 

§3059.  If  the  party,  by  reasonable  dilia:ence,  could  have  had  Negligence, 
knowledge  of  the  truth,  ecpiity  will  not  relieve,  nor  will  the  ig- 
norance of  a  fact,  known  to  the  opposite  party,  justify  an  inter- Conceal - 
ference,  if  there  has  been  no  misplaced  confidence,  nor  misrepre-  '"'"'^ 
sentation,  nor  other  fraudulent  act. 

§3060.  Ignorance  by  both  parties  of  a  fact  docs  not  justify  the  Mntuaiipio- 
interference  of  the  court,  nor  will  a  mistake,  in  judgment  or*^*"""' 
opinion  merely  as  to  the  value  of  property,  authorize  such  inter- 
ference. 

§3061.  Accident  or  mistake,  in  the  execution  of  a  power,  or  in  execu- 
<!ausing  the  defective  execution  of  the  power,  will  be  remedied  in  power.* 
equity. 

§3062.  Equity  will  interfere  to  set  aside  a  judgment  of  a  court  sottinsaside 
having  jurisdiction  only  where  the  party  had  a  good  defence,  of  *^"  ^'^^ 
Mdiich  he  was  entirely  ignorant,  or  where  he  was  prevented  from 
making  it  by  fraud  or  accident,  or  the  act  of  the  adverse  party 
unmixed  with  negligence  or  fraud  on  his  part. 


CHAPTER  V. 

OF  ACCOUNT   AND  SET-OFF. 
■Section.  i  Section. 


3068.  Surcharge  falsify. 
.3069.  Ofler  to  pay  balance. 
:'>070.  Appointment  of  auditor. 


■306:j.  Accoiint.s. 

3064.  Mingling  goods. 

3065.  Contribution. 

3066.  Discharge  of  incumbrauco.s.  |   3071.  Effect  of  a  report. 

3067.  Apportionment.  I   3072.  P:quitable  set-oft'. 

§3063.  Equity  jurisdiction  over  matters  ot  account  extends  toAcconnia. 
mutual  account  growing  out  of  privity  of  contract,  or  where  ac- 
counts arc  com])licated  and  intricate,  or  where  a  discovery  or 
writ  of  ?ie  exeat  is  prayed  and  granted,  or  where  the  account  is  of 
a  trust  fund,  or  accounts  between  partners  and  tenants  in  com- 
mon, or  where  a  multiplicity  of  suits  would  render  a  trial  diffi- 
cult, expensive  and  unsatisfactory  at  law. 

§3064.  If  a  party  having  charge  of  the  property  of  others  soMingUngof 
confounds  it  with  his  own,  that  the  line  of  distinction  cannot  be^""  ^ 
drawn,  all  the  inconvenience  is  tlirown  upon  him  who  causes  the 
confusion,  and  he  must  distinguish  his  own  property  or  lose  it. 


566  PT.  2.— TIT.  9.— Equity. 


Chapter  5. — Of  Account  and  Set-off. 


Gontribn-  S  3065.  In  cases  of  ioint,  or  ioint  and  several,  or  of  several  lia- 
bilities  of  two  or  more  persons,  where  all  are  equally  bound  to 
bear  the  common  burden,  and  one  has  paid  more  than  his  share, 
he  is  entitled  to  contribution  from  the  others  ;  and  whenever  the 
circumstances  are  such  that  an  action  at  law  will  not  give  a  com- 
plete remedy,  equity  may  entertain  jurisdiction. 

Discharge  «f     §3066.  Where  scvcral  pcrsous  are  interested  in  an  estate  as 

trances.  tenant  for  years,  or  for  life,  or  in  remainder  or  reversion,  and  in- 
cumbrances are  to  be  discharged,  the  e<[uitable  division  of  the 
burden,  according  to  the  several  interests,  is  a  question  for  equit- 
able interference. 

ApporUon-  §  3067.  Apportionment  of  a  contract,  or  of  rent  or  hire,  may, 
from  peculiar  circumstances  rendering  the  common  law  remedy 
incomplete,  become  the  subject  of  equitable  jurisdiction. 

Surcharge  §  3068.  A  party  objecting  to  a  stated  account  must  surcharge 
and  falsity.  The  former  is  to  allege  omissions ;  the  latter  is  to 
deny  the  correctness  of  certain  of  the  items  rendered ;  one  pal- 
pably fraudulent  item  casts  suspicion  upon  the  entire  account. 


meut 


Mid  falsify. 


Offer  to  pay      §  3069.  A  bill  for  an  account  need  not  offer  to  pav  a  balance 

balance.  -j?  /•  i  •  i     . 

it  found  agamst  complamant. 
Appoint-  §  3070.  In  all  cases  invc)lving  account,  either  i.nirty,  as  a  mat- 

ment  of  ^  '  x         .,'  ' 

auditor.  tcr  of  right,  may  apply  to  the  Judge,  either  in  term  or  vacation, 
for  the  appointment  of  an  auditor,  who  shall,  after  notice,  sit  and 
hear  the  evidence  submitted  by  either  party,  investigate  their 
accounts  and  report  the  result  thereof  to  the  court. 

Effect  of  ro-      §  3071.  Tlic  rcport  so  made  may  be  objected  to  by  either  party 

^'^  on  the  ground  of  illegal  rejection  or  admission  of  evidence,  or 

any  other  ground  impeaching  its  propriety,  which  objections 
shall  be  heard  and  decided  by  the  court.  The  report,  when 
finally  accepted,  shall  be  admitted  as  evidence  to  the  jury  with 
such  instructions  as  to  the  effect  to  be  given  to  it,  as  the  court 
shall  give  under  the  circumstances  of  each  case. 

St-^ffi^'*  §  3072.  As  to  set-off^  equity  generally  follows  the  law  ;  but  if 
there  is  an  intervening  equity  not  reached  by  the  law,  or  if  the 
set-off  be  of  an  equitable  nature,  the  courts  of  equity  take  juris- 
diction to  enforce  the  set-oft. 


PT.  2.— TIT.  9.— Equity.  567 

Chapter  G. — Of  Administration  of  Assets. 


CHAPTER  YI. 

OF  ADMIXISTRATIOX  OF  ASSETS. 

Section.  ;  Section-. 

3073.  Legal  and  equitable  assets.  3080.  Receiver's  duty. 

3074.  Partly  legal  and  jDartly  equitable.       3081.  Must  account  to  the  court, 

3075.  Inlcrfering  with  administration.         3082.  Misplacing  trust  funds 

3076.  Bills  for  direction. 

3077.  Marshaling  assets. 

3078.  Election. 

3079.  Creditor's  bills. 


3083.  Tracing  assets. 

3084.  Equitable  assets  for  creditor."?. 

3085.  Joint  and  individual  assets. 


5  3073.  Assets  arc  either  le£i:al  or  equitable;  the  former  are  Legal  and 

"  *"        , .  'ITT  equitable  as- 

such  as  may  be  reached  by  the  ordinary  process  ot  law,  the  lat-  sets. 
ter  are  such  as  can  be  reached  only  through  the  intervention  of  a 
court  of  equity.  The  former,  when  properly  before  a  court  of 
equit}-,  are  distributed  according  to  legal  liens  and  priorities ;  the 
latter,  according  to  justice  and  right  in  the  particular  case,  the 
general  rule  being  that  equality  is  equity. 

§  3074.  Sometimes  assets  are  partly  legal  and  partly  equitable ;  Partly  legai 
in  such  cases,  while  the  above  rule  is  adhered  to,  as  to  the  legal  equitable, 
assets,  equity  will  so  administer  the  equitable  as  to  produce  gen- 
eral equality. 

§3075.  E(|uitv  M'ill  not  interfere  with  the  reojular  administra- interfering 

-1-        •■  o  vith  admiD- 

tion  of  estates,  except  upon  the  application  of  the  representative,  istiation. 
either,   1,  fur  construction  and  direction ;  2,  for  marshaling  the 
assets  ;    or,  upon  tlie  application  of  any  person  interested  in  the 
estate,  where  there  is  danger  of  loss  or  other  injury  to  his  interests. 

§  3076.  In  cases  of  difficulty  in  construiniii:  wills,  or  in  distrib-  Biiisfordi- 
uting  estates,  in  ascertaining  the  persons  entitled,  or  in  determin- 
ing under  what  law  property  should  be  divided,  the  representa- 
tive may  ask  the  direction  of  tlio  court,   Init  not  on   imaginary 
difficulties  or  from  excessive  caution. 

§  3077.  In  all  cases  where  lei>-;i]  difliculties  arise  as  to  the  dis-  M'^fhaiing 

_"       _  _  ^  assets. 

tribution  of  assets  in  ))ayment  of  debts,  or  where,  from  any  cir- 
cumstances, the  ordinary  process  of  law  would  interfere  witli  the 
due  administration,  without  fault  on  the  part  of  the  representa- 
tive of  the  estate,  a  bill  to  marshal  assets  will  be  maintained  at  his 
instance. 

§  3078.  In  marshaling  assets,  tlie  court  will  look  to  the  equi-  KiecUou. 
ties  of  creditors,  and  where  cases  arise  for  election  will  compel 
the  parties  to  elect. 


568 


PT.  2.— TIT.  9.— Eqihty. 


Chapter  6  — Of  Administration  of  Asseia. 


Creditor's 
biUfv 


ReceiTer'6 
duty. 


Must  ac- 
count to  the 
court 


Misapplying 
trust  funds. 


Tracing  as- 


Equitable 
assets  fur 
•r  editor. 


Joint  and  In- 
d'vidual  fts- 
«et8. 


§  3079.  Creditor's  bills  may  be  tiled  at  the  instance  of  any 
creditor,  the  privilege  being  extended  to  all  to  appear  and  be- 
come parties  in  a  reasonable  time. 

§  30S0.  A  court  of  equity  may  appoint  a  receiver  to  take  pos- 
session of  and  hold  subject  to  the  direction  of  the  court  any  as- 
sets charged  with  the  payment  of  debts,  where  there  is  manifest 
danger  of  loss,  or  destruction,  or  material  injury  to  those  inter- 
ested. Under  extraordinary  circumstances,  a  receiver  may  be 
appointed  before,  and  without  notice  to  the  trustee  or  other  per- 
son having  charge  of  the  assets.  The  terms  on  which  a  receiver 
is  appointed  shall  be  in  the  discretion  of  the  chancellor. 

§  3081.  The  receiver  is  an  officer  and  servant  of  the  court  ap- 
pointing him,  is  responsible  to  no  other  tribunal  than  a  court  of 
equity,  am]  must  in  all  things  obey  its  direction. 

§  3082.  All  persons  aiding  and  assisting  trustees  of  any  char- 
acter, with  a  knowledge  of  their  misconduct  in  misapplying  as- 
sets, are  directly  accountable  to  the  persons  injured. 

§  3083.  "When  assets  are  misapplied  and  can  be  traced  in  the 
hands  of  persons  affected,  with  notice  of  the  misapplication,  the 
trust  attaches  still  to  the  assets,  and  equit}'  will  aid  in  restoring 
them  to  their  legitimate  purpose.  A  creditor  of  an  estate  may 
follow  assets  in  the  hands  of  legatees  or  distributees,  though  they 
receive  them  without  notice. 

§  3084.  Equitable  assets  may  l)e  reached  by  a  creditor,  in  ev- 
ery case,  where  he  shows  that  there  is  danger  of  not  being  satis- 
fied out  of  legal  assets. 

§  3085.  Joint  as.sets  will  be  applied  to  joint  debts,  and  indi- 
vidual assets  to  individual  debts,  but  when  the  joint  assets  are 
exhausted,  the  joint  debts  may  come  upon  individual  assets — 
the  individual  debts,  without  regard  to  relative  dignity  as  com- 
pared with  the  joint  debts,  being  first  advanced,  tlie  jj?'o  rata- 
amount  received  on  the  joint  del)ts  from  joint  assets. 


Sectio.v. 

3086.  Charitable  bequest. 

3087.  Cypress. 

3088.  Subjects  of  charity. 


CHAPTER  YIJ. 

OF  CHARITIES. 


j  Section'. 

I  3089.  Right  of  supervisions. 
!   3090.  What  is  irrolicrious. 
3091.  Extraneous  evidence. 


§  3086.  Equity  has  jurisdiction  to  carry  into  eftect  the  cliarita- 


PT.  2.— TIT.  !>.— Equitv.  569 


Chapter  7. — Charities. 


hie  bequest  of  a  testator,  or  founder,  or  donor,  where  the  same  ^^^»^'^'*^^« 
are  definite  and  specific  in  their  objects,  and  capable  of  being 
executed. 

§  3087.  If  the  specific;  mode  of  execution  be  for  any  cause  im-  Cypress, 
possible,  and  the  charitable  intent  be  still  manifest  and  definite, 
the  court  may,  by  approximation,  give  eifect  in  a  manner  next 
most  consonant  with  the  specific  mode  prescribed. 

§3088.  The  following  subjects  are  proper  matters  of  charity,  8o^jfoi«  of 
for  the  jurisdiction  of  equity : 

1.  The  relief  of  aged,  impotent,  diseased,  or  poor  people. 

2.  Every  educational  purpose. 

3.  Provisions  for  religious  instruction  or  worship. 

4.  For  the  construction  or  repair  of  public  works,  or  highways, 
or  other  public  conveniences. 

5.  The  promotion  of  any  craft  or  persons  engaging  therein. 
C).  For  the  redem]>tion  or  relief  of  prisoners  or  captives. 

7.  For  the  improvement  or  repair  of  burying  grounds  or  tomb 
stones. 

8.  Other  similar  subjects,  having  for  their  object  the  relief  of 
human  suflx^ring,  or  the  promotion  of  human  civilization. 

§  3080.  A  charity  once  inaugurated  is  always  subject  to  the  Right  of  au- 
supervision  and  direction  of  a  court  of  equity,  to  render  efl:ectu- ''^"''' "  ' 
al  its  j)urpose  and  object. 

§3090.  Nothing   shall  be  deemed   religious  in  its  character  what  is  irre- 
which  athrms  doctrines  licentious  in  their  tendency,  or  inconsis- 
tent with  the  i)eace  and  safety  of  the  State. 

S  3091.  If  the  terms  of  the  bequest  or  deed  are  obscure,  doubt- ^''''/!^"*»"» 

"  _  ^  ^  '  evidence. 

fill,  or  equivocal,  other  evidence  may  be  looked,  to  to  ascertain 
the  sense  in  which  ]">articular  expressions  are  used,  but  not  to 
make  definite  that  which  in  itself  is  two  indefinite  for  execution. 


CHAPTER  VIII. 

OF  KLECTIOX. 

Section.  1  Section. 

3092.  Election.  ,  3005.  Corapen.sation  to  defeated  legatee. 

3093.  By  a  legatee  i   3096.  Election  under  deeds. 

3094.  By  the  court. 

§3092.  A  case  of  election  arises  whenever  a  person  is  entitled  EiecUon. 
to  one  of  two  benefits,  to  each  of  which  he  has  legal  title  ;  but  to 


570  PT.  2.— TIT.  9.— Equity. 


Chapter  8.— Of  Elections. 


enforce  both  would  be  unconscientious  and  inequitable  to  others 
having  claims  upon  the  same  property  or  fund.  In  such  cases 
equity  has  jurisdiction  to  compel  an  election. 

By  a  legatee,  g  3093.  When  a  testator  has  affected  to  give  property  not  his 
own,  and  has  given  a  benefit  to  a  person  to  whom  that  property 
belono-s,  the  devisee  ur  legatee  must  elect  either  to  take  under  or 
against  the  instrument.  The  rule  does  not  apply  if  the  will  itself, 
from  other  causes,  is  not  efficient  in  passing  the  title  to  the  prop- 
erty of  the  devisee  or  legatee,  nor  if  the  testator  had  an  interest 
in  such  property  upon  which  the  will  may  operate,  nor  if  the  be- 
(^uest  shows  that  the  testator  intended  to  bequeathe  only  in  the 
event  that  his  own  title  was  good,  nor  if  the  benefit  given  to  the 
party  called  upon  to  elect  is  not  from  testator's  own  property,  but 
by  virtue  of  a  power  of  appointment  in  him. 

Bythpfourt.  §3094.  If  fi'om  auy  causc  the  legatee  is  incompetent  to  elect, 
the  court  will,  after  investigation  as  to  values,  elect  for  him. 

oompensa-       8  3095.  If  the  elcctiou  be  made  affainst  the  will,  the  defeated 

tion  to  de-  "  ...  . 

feaud  itga- legatee  or  devisee  is  entitled  to  compensation  out  of  the  property 
bequeathed  to  the  party  electing,  to  the  value  of  the  defeated 
legacy. 

Election  nn-     R  300G.  The  Ibrcgoina:  principles  api)ly  to  deeds  as  well  as  wills. 

der  deeds.  <^  tr»        t>  1.  r  1  1    ./ 


CHAPTER  IX. 

OF  KXKCUTION  OF  POWKRS. 

Section.  ^kctiox. 
.■?097.  Jurisdiction  over  powers.  .TIOO.  Illusory  appointiiien;. 

3098.  Discretion.  3101.  Consent  of  trustee. 

;i099.  Collusive  execution.  .'!102.  In  cases  of  no  discretion,  Ac. 

Jurisdiction  §3097.  Powcrs,  especially  of  appointment,  beino:  always  foun- 
ded  on  trust  or  confidence,  are  peculiarly  subjects  of  equitable 
supervision. 

Pistretion.  g  3098.  Equitv  cannot  compel  a  party  having  a  discretion, 
to    exercise    a   power    of   appointment.      But    it    may   relieve 

ex*ecutiom  against  mistaken  or  defective  executions,  or  collusive  or  illusory 
executions. 

roUusive  §  3099.  Every  execution  is  collusive,  whereby  the  person  exer- 
cising the  power,  uses  it  by  contrivance  for  his  own  benefit,  he 
not  being  legitimately  an  intended  beneficiary. 


PT.  2.— TIT.  9.— Equitt.  571 


Chapter  9. — Of  Execution  of  Power. 


§3100.  An  illusory  appointment  is  one  where  a  nominal  ben- inusoryRp- 

o  J       L  r  ^       pointment. 

eflt  only  is  given  to  one  of  a  class,  to  all  of  whom  a  substantial 
benefit  was  intended. 

§3101.  Where  marriage  is  required  to  be  by  consent  of  trustees,  consent  of 
and  from  any  corrupt  or  insuflScient  motive,  such  consent  is  with- 
held, equity  will  compel  a  consent,  or  give  relief  as  if  such  con- 
sent was  had. 

§3102.  In  all  cases  where  no  discretion  is  allowed,  or  the  dis-  in  cases  of 
no  discre- 

cretion  allowed  is  abused,  equity  has  jurisdiction  to  compel   a  "^^uon""  "^'*' 
faithful  execution  of  the  power.  aimse.i. 


CHAPTER  X. 

OF    FRAUD. 


Section. 

3103.  Jurisdiction  over  fraud. 

3104.  Actual  and  constructive. 

3105.  Misrepresentation. 

3106.  Suppression  ofthetrutli. 

3107.  Frauds  not  by  words. 

3108.  Confidential  relations. 


Section. 

3109.  Annulling  deeds,  judf^ments,  &C. 

3110.  Inadequacy  of  consideration,  &c. 

3111.  Surprise. 

3112.  Fraudulent  trade,  marks,  &c. 

3113.  Marriage-brokerage  bonds. 

3114.  Contracts  in  fraud  of  marital  riafht.s- 


§3103.  In  all  cases  of  fraud,  (except  fraud  in  the  execution  of  ^^g^^'^].!j<=^j|'" 
a  will,)  equity  has  concurrent   jurisdiction  with  the  courts  of 
law. 

§3104.  Fraud  may  be  actual  or  constructive.     Actual  fraud  Actual  and 

.       *^  constructive. 

consists  111  any  kind  ot  artifice  by  which  another  is  deceived. 
Constructive  fraud  consists  in  any  act  of  omission  or  commission 
contrary  to  legal  or  equitable  duty,  trust  or  confidence  justly 
reposed,  which  is  contrary  to  good  conscience  and  operates  to 
the  injury  of  another.  The  former  implies  moral  guilt;  the 
latter  may  be  consistent  with  innocence. 

§3105.  lAIisrepresentation  of  a  material  fact  made  willfully  toSnT'"'^"' 
deceive,  or  recklessly  without  knowledge,  and  acted  on  by  the 
opposite  party,  or  if  made  by  mistake,  and  innocently,  and  acted 
on  by  the  opposite  party,  constitutes  legal  fraud. 

§  3106.  Suppression  of  a  fact  material  to  be  known,  and  which  siii'pr.>ssion 

.  ^  ^  'of  the  truth. 

the  party  is  under  an  obligation  to  communicate,  constitutes 
fraud.  The  obligation  to  communicate  may  arise  from  the  con- 
fidential relations  of  the  parties  or  from  the  particular  circum- 
stances of  tlie  case. 


572  PT.  2.— TIT.  9.— EQin-nr. 

Chapter  10.— Of  Fraud. 
FrandnotJn      8  3107.  Fraud  may  be  consummated  by  sisiius,  or  tricks,  or 

words.  v'         »       '  7 

through  agents  employed  to  deceiv^e,  or  any  other  unfair  way 

used  to  cheat  another. 

conddentiai      §3108.  Any   relations,  shall  bo  deemed  confidential   arising 

relations.     fj.Q^  nature,  or  created  by  law,  or  resulting  from  contracts,  where 

one  party  is  so  situated  as  to  exercise  a  controlling  influence  over 

the  will,  conduct  and  interest  of  another,  or  where  from  similar 

relations,  of  mutual  confidence,  the  law  requires  the  utmost  good 

faith,  such  as  partners,  principal  and  agent,  etc. 

Annulling        §3109.  Fraud  will  authorize  a  court  of  equity  to  annul   con- 

mente,&cf  veyanccs,  however  solemnly    executed,  and  to  relieve   against 

awards,  judgments  and  decrees  obtained  by  imposition, 
inadeqnacy      §3110.  Great  inadequacy  of  Consideration,  joined  with  great 
iioii,'&c^     disparity  of  mental  ability  in  contracting  a  bargain,  may  justify 

a  court  of  equity  in  setting  aside  a  sale  or  other  contract. 
Surprise,  §3111.  Anything  which  hapi)ens  without  the  agency  or   fault 

of  the  party  afiected  by  it,  tending  to  disturb  and  confuse  the 
judgment  or  to  mislead  him,  and  of  which  the  opposite   party 
takes  an  nndue  advantage,  is  in  equity  a  surprise  and  one  species 
of  fraud  for  which  relief  is  granted. 
Frandnicnt       §3112  Any  attempt  to  encroach  upon  the  business  of  a  trader, 
imrks,&c,    or  otlicr  pcrsou,  by  the  use  of  similar  trade-marks,  names,  or  de- 
vices, with  the  intention  of  deceiving  and  misleading  the  public, 
is  a  fraud  for  which  equity  grants  relief. 
Man-iagc-         §3113.  The  poHcy  of  the  law  being  opposed  equally  to  restrie- 
bondB,         tions  on  marriage,  and  to  marriages  not  the  result  of  free  choice, 
all  contracts  or  bonds  made  with  a  view  to  trammel  or  to  force 
marriage,  are  deemed  fraudulent  and  void. 
Contract  in       §3114.  A  sccrct  Settlement  by  a  wife  on  the  eve  of  marriage, 
iui  rights    is  a  fraud  on  the  marital  rights  of  the  husband  and  void,  though 
the  husband  had  no  knowledge  of  the  existence  of  tlie  property 
settled. 


CHAPTER  XI. 

OF  PARTITION. 


Section. 

3115.  Partition. 

3116.  Passing:  title. 


Section. 
3117.  Moulding  decree. 


§3115.  Equity  has  jurisdiction  in  cases  of  partition,  whenever 


PT.  2.-TIT.  O.-Equity. 


573 


der  tiie  pioceedmg  m  equity  more  suitable  and  just 

titfe'wltwTl'^'""''  ?  '  P^^^^^^'^S  '^^  P-^^'^>'<^"    Bhall  pass  thePass.n.UUe 

tsHY    T  T'm^  '^'r^^  — 3-"ees  by  the  parties. 

§3117.  llie  court  will  mould  its  decree,  in  every  case,  to  meetM.„.,„, 
the  general  justice  and  equity  of  eacli  per.on  entitled,  a^d  in  it  "^'^*- 
discretion  may  postpone  or  deny  either  a  partition  or  a  sale  if 
shall  appear  that  the  present  or  prospective  interest  of  ea  S     n 
ant  may  not  be  protected  thereby. 


CHAPTER  xn. 

OF  SPECIFIC  PERFORMANCE. 
Section. 

3118.  When  decreed. 

3119.  Parol  oontract  to  land. 

3120.  Of  personalty. 

3121.  Yohintary  &  gratuitous  promise 


Sectiox. 

3122.  Inadequacy. 

3123.  Ability  of  complainant  to  comply. 

3124.  Damages  for  breach. 


§  3118.  Specific  performance  ofa  cmtnH  (if  ivitliin  tl,,.  nr,„«, 
o  the  party)  will  be  decreed,  generall,,  wl.cLve      C  Z  "    -«- 

"=  "^"-""■"it  anmits  (he  ludOTiient  or  if  it  i,o '"'•'" 
so  far  executed  by  the  party  sechiiKr  ,.(,l,Vf  L/^  ,  ',  '  '*'""■ 

or  by  the  i,„l„ce,;,ents'of  the  otl      ^  1, 1"' /  ,;'"  T""?' 

abandoned,  he  cannot  be  restored  t    "     ',■  . If  J    iZ  "k  U 

payn,ent  alone  accepted  by  the  vendor,  or  parL';^  ent  a 

con,pan,ed  «nl>  possession,  or  possession  alone,  wM    v!  Ibu 

ance  or  delivery,  and,  nnlcss  rebutted  by  other  el  table' 

w   1  iustifv  -J  flpr-i-no      Tl      •  •  J  equitable  reasons, 

dan,f,;:"^.;trdei,ve:/'^^'' '"  ^'""'  '■--'  '-^  -^^ '"-; 

Wn  given.  nnderLch  agree^^tX^ 'rrro^  '^ iT  jrr 


574 


PT.  2.— TIT.  9.— E(>um% 


Chapter  12. — Of  Specific  Performance. 


Inadequacy 
of  price. 


Ability  of 


ation,  and  valuable  improvements  made  upon  the  faith  thereof, 
equity  will  decree  the  performance  of  the  agreement. 

§3122.  Mere  inadequacy  of  price,  though  not  sufficient  to  re- 
scind a  contract,  may  justify  a  court  in  refusing  to  decree  a  spe- 
cific performance;  so  also  any  otlier  fact  showing  the  contract  to 
be  unfair  or  unjust,  or  against  good  conscience. 

§  3123.  The  vendor  seeking  specific  performance  must  show 
toTomX"'  ^^  ability  to  comply  substantially  witli  his  contract  in  every 
part,  and  as  to  all  the  property ;  but  a  want  of  title,  or  other  in- 
ability as  to  part,  will  not  be  a  good  answer  to  the  vendee  seek- 
ing performance,  who  is  willing  to  accept  title  to  the  part,  re- 
ceiving compensation  for  the  other.  If  the  defects  in  vendor's 
title  l)e  trifling,  or  comparatively  small,  equity  will  decree,  at  his 
instance,  granting  compensation  for  such  defects. 

§  3124.  If,  for  any  cause,  the  specific  performance  is  impossi- 
ble, or  the  vendee  declines  to  accept  a  jicrfornumce  in  part,  the 
(HUirt  may  ]>roceed  to  assess  danuiges  for  the  breach  of  the  con- 
tract. 


Damages  of 
breach. 


CHAPTER  XIII. 


OF  TRUST  AND  TRUSTEES. 


Trasts. 


Resulting 
trust. 


Trustee. 


Limitation 
of  act. 


Section. 
3125.  Trusts. 
.3126.  Resultinn;  trust. 
3127.  Court  will  appoint  trustee. 


Section. 

3128.  Limitation  of  action.''. 

3129.  Relief  granted. 


^3125.  Trusts  of  every  kind,  not  generally  cognizable  at  law, 
are  peculiar  subjects  of  equity  jurisdiction. 

§3120.  "Whenever  the  circumstances  are  such  that  the  person 
taking  the  legal  estate,  either  from  fraud  or  otherwise,  cannot 
enjoy  the  beneficial  interest  without  violating  some  established 
principle  of  equity,  the  court  will  declare  him  a  trustee  for  the 
person  beneficially  entitled,  if  such  person  has  not  waived  his 
right  by  subsequent  ratification  or  long  acquiescence. 

§  3127.  A  trust  shall  never  fail  for  the  want  of  a  trustee. 

§  3128.  Subsisting  trusts,  cognizable  only  in  a  Court  of  Equity, 
are  not  within  the  ordinary  statutes  of  limitation,  but  in  all  cases 
equity  will  consider  the  lapse  of  time  in  decreeing  an  account, 
and  where,  from  it  and  other  circumstances,  it  would  be  inequi- 
table, any  relief  will  be  refused.  "^ 


FT.  2.— TIT.  9.— Equity.  ffs 


Chapter  13. — Of  Trust  and  Trustees. 


§3129.  The  relief  granted,  in  cases  of  trust,  will  always  be  so  Relief 
moulded  and  framed  as  to  render  the  trust  effectual,  and  secure "™°  ^ 
the  best  interests  of  all  parties. 


CHAPTER  XIV. 

OF  EXTRAORDINARY   REMEDIES. 

Article  1.  Of  mandamus,  quo  warranto  and  prohibition. 

Article  2.  Of  injunction. 

Article  3.  Ife  exeat  and  quia  timet. 

Article  4.  Of  bills  of  peace  and  intcr-j^leader. 


ARTICLE  I. 

MANDAMUS.   QUO   WAIUIANTO  AND    I'ROniBITIOX. 


Section. 

3134.  OoTcruor  not  liable. 

3135.  Quo  warrant!?. 

3136.  Prohibition. 


Section. 

3130.  To  enforce  oflQcial  duty. 

3131.  Lies  not  for  private  remedy. 

3132.  When  not  granted. 

3133.  (! ranted  in  vacation. 

§3ia0.  All  official  duties  should  be  faithfully  fulfilled,  andTomforcc 
whenever,  from  any  cause,  a  defect  of  legal  justice  would  ensue  "^"'"^ '^"'^! 
from  a  failure  or  improper  fulfillment,  the  writ  of  mandamus  may 
issue  to  compel  a  due  performance,  if  there  be  no  other  specific 
legal  remedy  for  the  legal  rights, 

§3131.  Mandamus  does  not  lie  as  a  private  remedy  between  Li.*-*  not  for 
individuals  to  enforce  private  rights,  nor  to  a  public  oificer  who'""^"*'^- 
has  an  absolute  discretion  to  act  or  not,  unless  there  is  a  gross  m  .ases  ..f 
abuse  of  such  discretion,  but  it  is  not  confined  to  the  enforce- '"'"'""'"'■ 
ment  of  mere  ministerial  duties, 

§  3132.  Mandamus  will  not  be  granted  when  it  is  manifest  that  when  not 
the  writ  would,  for  any  cause,  be  nugatory  or  fruitless,  nor  wiir""''"' 
it  be  granted  on  a  mere  suspicion  or  fear,  before  a  refusal  to  act 
or  a  M'rongful  act  done. 

§  3133,  The  writs  of  mandamus,  quo  warranto,  and  prohibition  «r.intediE 
maybe  granted  at  any  time,  on  proper  showing  made,  but  the  "'"'""'°" 
return  must  be  in  term  time,  and  any  issues  of  fact  made  thereon, 
must  be  tried  as  other  equity  causes, 

§  313-1,  Neither  of  these  writs,  will  lie  to  the  duly  inaugurated 


576 


PT.  2.— TIT.  9.— CHAP.  14.— Equity. 


Article  1. — Mandamus,  Quo  Warranto  and  Prohibition. 


Governor 
not  liable. 


Quo  «■«/•- 
ranto. 


Prohibition. 


Governor  of  the  State,  but  they  do  lie  to  all  other  executive  or 

military  officers. 

§3135.  The  writs  of  (j^uo  warranto  may  issue  to  iuquire  iuto 
the  rights  of  any  person  to  any  public  office,  the  duties  of  which 
he  is  in  fact  discharging,  but  must  be  granted  at  the  suit  of  some 
person,  either  claiming  the  office  or  interested  therein. 

§313G.  The  writ  of  prohibition  is  the  counterpart  of  mauda- 
damus  to  arrest  illegal  proceedings  by  any  court  officer,  where  no 
other  legal  remedy  or  relief  is  given ;  and  the  granting  or  refusal 
thereof,  is  governed  by  the  same  ])rineip]cs  of  right,  necessity  and 
justice. 


ARTICLE  11. 


OF  INJUNCTION. 


Kor  what 

purpose 

ffrautcd. 


Granted  tx 
parte. 


Section. 

3137.  For  what  purpose  granted. 

3138.  Granted  ex  parte. 

3139.  Dissohition  at  chambers. 

3140.  Injoining  a  court  of  law. 

3141.  To  restrain  a  trespass. 


I  Section. 

!   3142.  Answer  of  defendant. 

1   3143.  Verdict  and  appeal. 

1  3144.  Second  injunction. 

I   3145.  Cannot  compel. 

!   314G.  Perpetual  injunction. 


Dlssolntion 
nt  cliuinbers, 


§3137.  Equity  by  a  writ  of  injunction,  may  restrain  proceed- 
ings in  another  or  the  same  court,  or  a  threatened,  or  existing  tort, 
or  any  other  act  of  a  private  individual  or  corporation  which  is 
illegal  or  contrary  to  equity  and  good  conscience,  and  for  which 
no  adequate  remedy  is  provided  at  law. 

§3138.  Injunction  may  1)0  granted  in  vacation  and  upon  an 
('.c^^a/'^^  showing  in  the  discretion  of  the  Judge,  and  upon  such 
terms  as  to  the  affidavit  and  giving  bond  and  security,  as  the  Judge 
may  direct.  But  the  Judge  may  require  notice  to  the  party  to 
be  injoined,  and  appoint  a  day  and  place  for  hearing  the 
application. 

§3139.  The  defendant  may  move  the  dissolution  of  an  injunc- 
tion, or  the  revoking  of  any  other  extraordinary  writ,  in  vacation, 
on  ten  days'  notice  to  the  opposite  party  or  his  solicitor,  and  the 
chancellor  shall  decide  thereon  upon  the  same  principles  as  if 
presiding  in  term.  The  complainant  by  disclaiming  discovery, 
cannot  deprive  the  defendant  of  the  benefit  of  his  answer  on  a  mo- 
tion to  dissolve  the  injunction  ;  upon  such  a  motion  affidavits  of 
witness  may  be  adduced  by  either  party. 


TT.  2.— TIT.  9.— CHAP.  14.— Equity.*  577 

Article  2. — Of  Injunction. 

§  3140,  Equity  will  not  injoin  the  proceedings  and  processes  of  injoining  a 
a  court  of  law,  nnless  there  is  some  intervening  equity,   or  other 
proper  defence,  of  whieli  tlie  party,  without  fiiult  on  his  part,  can- 
not avail  himself  at  law. 

§  3141.  Equity  will  not  interfere  to  restrain  a  trespass,  unless  To  restraia 
the  injury  is  irreparable  in  damages,  or  the  trespasser  is  insol-  *  '""P""* 
vent,  or  there  exists  other  circumstances  which,  in  the  discretion 
of  the  court,  render  the  interposition  of  this  writ  necessary  and 
proper,  among  which  shall  be  the  avoidance  of  circuity  and  mul- 
tiplicitv  of  actions.     The  irrantino:  and  continuinfi:  of  the  iniuuc- sound  dia- 

.  '  1  .        ,  V  1-  •  1        .  creUon. 

tion  must  always  rest  in  the  sound  discretion  ot  the  judge,  accord- 
ing to  the  circumstances  of  each  case. 

§  3142.  The  answer  of  the  defendant,  so  far  as  the  same  is  found-  Answer  or 
ed  on  his  own  knowledge  and  responsive  to  the  allegations  of  the 
bill,  shall  always  be  considered  on  a  motion  to  dissolve. 

§  3143.  An  injunction  is  not  dissolved  by  a  verdict,  if  an  appeal  verdiotand 
be  entered  in  the  time  allowed  by  law. 

83144.  A  second  iniuction  may  be  srranted  in  the  discretion  of  second  la- 

.1        T     J  junction. 

the  Judge. 

§3145.  An  injunction  can  only  restrain.     It  cannot  compel  a  cannot  com- 
party  to  perform  an  act.     It  may  restrain  until  performance.         ^'^ 

§3146.  A  perpetual  injunction  can  be  granted  only  after  a  Perpetual 

,  .  T  II       ^'  J  *'  '  injunction. 

hearing  and  upon  a  hnal  decree. 


AETICLE  III. 

RE  EXEAT  \^I)   QUIA   TIMET. 

Sectiox.  [Section. 

3147.  May  ipsue — when.  |  3161.  Affidavit  and  bond  of  complainant. 

3148.  Applicants  showing.  3162.  May  issue  without  sanction — when_ 

3149.  Defendant  may  give  bond.  1  3153.    Quia  finift  may  issue — when. 

3150.  Discretion  of  the  court. 

§  3147.  The  writ  of  ns  exeat  issues  to  restrain  a  person  from  y^  ^^^^^ 
leaving  the  jurisdiction  of  the  State,  and  may  be  granted  in  the 
following  cases : 

1.  At  the  instance  of  a  creditor  whose  debt  is  not  due,  or  to  restrain  < 
where  from  some  other  cause,  the  ordinary  process  is  not  availa-  ^*'^'°'"" 
ble  or  sufficient  against  his  debtor,  or  against  a  third  person  secon- 
darily or  otherwise  under  any  circumstances  chargeable  with  the 
debt. 

37 


578  PT.  2.— TIT.  9.— CHAP.  14.— Equity. 

Article  3. — Ne  Exeat  and  Quia  Timet. 

In  favor  eo-      2.  Ill  favof  of  an  obliffor  or  promisor,  or  partner  asrainst  his  co- 

obUgor.  .  .    .  . 

obligor,  or  joint  pro missor,  or  copartner,  equally  or  partly  respon- 
sible with  him  for  the  debt  or  duty  to  be  performed. 

Of  Borety.  3.  In  favor  of  a  surety  on  a  debt  not  due,  against  his  principal 
or  co-surety. 

Of  orphan.  4.  Against  pcrsous  illegally  removing  the  property  of  a  dece- 
dent, or  of  an  orphan,  or  married  woman,  at  the  instance  of  any 
person  interested  therein,  or  of  a  next  friend  of  such  orplian  or 
married  woman. 

Remainder-  5.  At  tlic  iustauce  of  a  remaindcr-man  or  reversioner,  against 
any  one  attempting  to  remove  the  property  in  which  such  re- 
mainder-man or  reversioner  exists,  or  may  contingently  exist. 

Mortgage*.  6.  At  the  instance  of  a  mortgagee  against  a  person  holding  the 
equity  of  redemption. 

Gtn«raiiy.  7.  At  the  lustauce  of  any  person  interested  legally  or  equitably 
in  property  about  to  be  removed  where  no  adequate  remedy  is 
afforded  at  law. 

Complain-        §3148.  In  cvcry  casc  of  application  for  the  Writ  of   ne  exeat, 

antsB  «>^'»6  .|.]^g  party  must  show  that  no  adequate  remedy  is  afforded  at  law, 
and  that  the  defendant  is  either  removing,  or  about  to  remove 
himself  or  his  property,  or  the  specific  property  to  which  the 
complainant  claims  title  or  an  interest. 

Debts  bond.  §  3149.  The  defendant  may  in  all  cases  relieve  himself  or  his 
property,  or  the  specific  property  from  the  restraint  imposed,  by 
giving  bond  in  double  the  value  of  plaintifl''s  claim,  with  good 
security,  to  the  officer  serving  tlie  process,  for  the  forthcoming  of 
each  or  either,  (according  to  the  tenor  of  the  writ,)  to  answer  to 
complainant's  claim,  or  abide  by  the  order  and  decree  of  the 
court.  The  Judge  granting  the  writ  may  in  his  discretion  re- 
quire a  larger  bond.  The  officer  receiving  insufficient  security 
shall  be  held  surety  himself,  and  the  sureties  on  his  bond  may 
be  held  responsible  therefor. 

Court's  dis-      §  3150.  If  the  defendant  fails  or  refuses  to  replevy  the  pro- 

cretion.  r         ^  i 

perty,  the  court  may  in  its  discretion  make  such  disposition  of  it 
as  shall  appear  most  advantageous  to  all  parties. 
Affidavit.  §  3151.  In  every  application  for  a  writ  of  ne  exeat,  the  allega- 
compiainamt.tions  of  the  bill  must  be  verified  by  the  affidavit  of  one  or  more 
of  the  complainants.  And  the  judge  may  in  his  discretion  re- 
quire the  complainant  to  give  bond  and  security  for  the  payment 
of  any  damages  which  the  defendant  may  recover  of  him,  for 
sueing  out  the  writ  before  granting  an  order  for  the  issuing  of 


PT.  2.— TIT.  9.— CHAP.  14.— EQum-, 


Article  3. — Ne  Eieat  and  Quia  Timet. 


the  same,  and  may  require  a  verification  by  all  or  any  of   tlie 
complainants. 

§3152.  In  cases  of  emergency  upon  the  affidavit  of  the  com- 'WTisn isaned 
plainant  that  he  cannot  obtain  the  sanction  of  the  Judece  in  time  to  sanction, 
remedy  the  mischief,  the  writ  of  ne  exeat  may  issue  at  once,  to  con- 
tinue until  the  first  term  of  the  court  to  which  it  is  returnable, 
unless  earlier  heard  by  order  of  the  Judge. 

§3153.  The  proceeding  quia  timet  is  sustained  in  equity  for  ^„i„  ^^„,^^ 
the  purpose  of  causing  to  be  delivered  up  and  cancelled  ;  any  in- 
strument which  has  answered  the  object  of  its  creation,  or  any 
forged  or  other  iniquitous  deed  or  other  writing,  which  though 
not  enforced  at  the  time,  either  casts  a  cloud  over  complainant's 
title,  or  otherwise  subjects  him  to  future  liability  or  present  an- 
noyance, and  the  cancellation  of  which,  is  necessary  to  his  per- 
fect protection. 


ARTICLE  IV. 

BILLS  OF  PEACP:  AND  INTPZR-PLEADER. 

Section.  'Section. 

3154.  Bill  of  peace.  \   3156.  Inter-pleader. 

3155.  Perpetual  iujunetioii.  I   3157.  Collateral  to  other  proceedings. 

§3154.  It  being  the  interest  of  this  State  that  there  should  beBiiufpoaae 
an  end  of  litigation,  equity  will  entertain  a  bill  of  peace — 

1.  To  confirm  some  right  which  has  been  previously  satisfac- 
torily established  by  more  than  one  legal  trial,  and  is  likely  to  be 
again  litigated. 

2.  To  avoid  a  multiplicity  of  suits  by  establishing  a  right,  in 
favor  of  or  against  several  persons,  which  is  likely  to  be  the  sub- 
ject of  legal  controversy,  or  in  other  similar  cases. 

§  3155.  As  ancillary  to  this  jurisdiction,  equity  will  grant  per-  Pcpetuai 
petual  injunctions.  injunction. 

§3156.  Wherever  a  person  is  possessed  of  property  or  funds,  or  inter-piead- 
owes  a  debt  or  duty  to  which  more  than  one  person  lays  claim  ''^' 
and  the  claims  are  of  such  a  character  as  to  render  it  doubtful  or 
dangerous  for  the  holder  to  act,  he  may  apply  to  equity  to  com- 
pel the  claimants  to  inter-plead. 

§  3157.  If  in  the  progress  of  any  proceeding  in  equity  the 
court  perceives  a  necessity  for  parties  to  inter-plead,  it  may  order 


580  FT.  2.— TIT.  9.— CHAP.  14.— Equity. 


Article  4. — Bills  of  Peace  and  Inter-pleader. 


Collateral  to  such  intcr-pleader  as  collateral  and  ancillary  to  the  main  case, 
•eedings.      All  the  extraordinary  remedies  of  equity  may  be  enforced  by  at- 


tachments. 


PART  III. 

THE  CODE  OF  FF.ACTICE. 


TITLE  I. 

OF  TIIR  JUDC4ES,  SESSIONS  AND  ADJOURNMENTS  OP  COURTS. 

C'hapter  1.  Of  the  Supreme  Court. 

Chapter  2.  Of  the  Superior  and  Inferior  Courts. 

CiiAPTEK  3.  Of  the  .TudgoB  of  the  Superior  (3ourt8. 


CHAPTER  I. 

OF  THE  SUPREME  COURT. 

Sbctiok.  [Sbotiov. 

3158.  Times  and  places  of  holding.  j   .S160.  May  be  adjourned  to  another  place. 

3169.  May  becKljourned  to  another  time.] 

TimMami  §  3158.  The  Supreme  Court  of  the  State  of  Georgia  shall  be 
Lwi*^  held  in  the  rcBpective  districts  twice  in  every  year  by  two  or  more 
of  the  Judges  of  said  court,  at  the  times  and  places  hereinafter 
mentioned : 

1st  Distrwt. — Eastern,  Middle  and  Brunswick  Circuits,  at  Sa- 
vannah, on  the  2d  Mondays  in  January  and  June. 

'2d  District. — Macon,  South-western,  Pataula  and  Chattahoo- 
chee Circuits,  at  Macon,  on  the  4th  Mondays  in  January  and 
June. 

3^  District. — Flint,  Coweta,  Cherokee,  Blue-Ridge  and  Tal- 
lapoosa Circuits,  at  Atlanta,  on  the  4th  Monday  in  March,  and 
2d  Monday  in  August. 

4/A  District. — Western  and  Northern  Circuits,  at  Athens,  oa 
the  4th  Mondays  in  May  and  November. 


PT.  3.— TIT.  1.— Courts.  |h 

Chapter  1. — Of  the  Supreme  Court 


Uh  Distri^. — Ocinulgee  and  Southern  Circuits,  at  Milledgc- 
ville,  on  the  2d  Mondays  in  Maj  and  November. 

§3150.  It  sliall  l)e  the  duty  of  all  the  Judges  of  said  court  toAiuhejadg- 
attend  each  term  thereof;  but  if  from  Providential  cause  any  oneunt*"**" 
of  the  Judges  cannot  attend  the  court,  such  court  may  be  held 
by  two  Judges,  and  if  only  one  Judge  shall  attend,  it  shall  be  his 
duty  to  open  the  court,  and  adjourn  from  day  to  day  for  one 
week,  and  if  at  the  expiration  of  that  time,  (or  sooner  if  he  is  fully 
advised,)  one  other  Judge  cannot  attend,  and  no  appointment  is^hnt^uscT 
made  by  the  Governor  as  hereinbefore  provided,  he  shall  adjourn*  ''"™ 
the  court  until  the  next  regular  term,  and  if  no  Judge  attends  it 
shall  be  the  duty  of  the  Clerk  and  Sheriff,  or  either  of  them,  to 
adjourn  said  court  as  above  provided. 

§  31G0.  When  from  Providential  cause  the  Supreme  Court  can-  May  b<,  »d- 
not  be  held  at  the  time  and  place  designated  by  law,  it  may  beidfo'^th^ 
adjourned  by  order  of  the  Judges,  or  any  two  of  them  in  vaca-^'*''*" 
tion,  to  some  other  convenient  time  and  place,  and  the  session 
then  held  shall  be  valid,  and  notice  shall  be  given  of  such  adjourn- 
ment if  possible. 


CHAPTER  II. 

OF  TIIK  SUPERIOR  AND  INFERIOR  (COURTS. 

Akticxk  1.  Number  and  times  of  sessions. 

Aki'iclk  2.  Adjournments  of  the  Superior  and  Inferior  Courts. 


ARTICLE  I. 

NUMBER  AND  TIMI<:.S  OF  SIOHSION. 

Sbotion.  i  Section. 

3161.  Superior  Courts  to  bo  held  twice,     j    :U0;;.  Times  ol  sesHioiia  Ac. 
.'1162.  Inferior  Courts  to  bo  licM  twice.      ' 

§3161.  The  Superior  Courts  shall  be  held  in  each  county  in  superior 
the  respective  Judicial  Circuits  twice  in  every  year,  by  one  or how tVi" A" 
more  of  the  Judges  of  the  Superior  Courts  at  the  several  times'"" 
hereinafter  mentioned. 

§31G2.  The  Inferior  Courts  of  this  State  shall  be  held  twice  mferior 
m  every  year  in  each   county  thereof,  by  the  Justices  of  said^i:[1w'?oe't 
court,  or  a  majority  of  them,  at  the  several  times  hereinafter^""'- 
mentioned. 


581 


PT.  3.— TIT.  1.— CHAP.  2.— CouKTS. 


Times  of 
session  E. 


Article  1. — Number  and  Times  of  Session. 


§  3163.  The  times  of  holding  the  Superior  and  Inferior  Courts 


are  as  follows:'" 


BLUE-PJDGE   CIRCUIT. 


SrPEKIOR   COtrRTS. 


INFERIOR   COritTS. 


Cherokee, !  First  Monday  in  March  and  September.. 

Cobb :  Third 


Second  Monday  in  June  and  December,. 
Third 


Dawson >  Second 

Fannin, i     " 

Forsyth, |  Third 

Gilmer. ;  First 

Lumpkin, ;  Fourth 

Milton j  First 

Pickens, |  Second 

Towns, '  Fourth 

Union, [Third 


February  and  August,. .  i First 

May  and  October, Second 

February  and  August... , Third 

M.1V  and  October Second 

January  and  July Third 

June  and  November, . . .   First 
March  and  September. . .  Third 

May  and  October, . .  Third 

Fourth 


January  and  June,.. 
May  and  November,. 
Jan.  an'd  1st  in  July,. 
Jane  and  December,. 
February  and  Sept. . . 
January  and  Julf,. . . 
June  and  December,. 


BRUNSWICK  CIRCUIT. 


Sri'ERIOR   CdVRTSi. 


INTEKIOR   rol-RTr^ 


June  and  December, 
January  and  June,... 


February  and  Si-pt. 
January  and  July,.. 


Appling, :  First  Monday  in  M.irch  and  September.. .   First  Monday  in 

Camden, Friday  after  the  fourth  Monday  in  April 

1     and'October First 

Charlton, i Monday  after  the  fourth  Monday  in  April  i 

and  October, ." j  First 

Clinch, Fourth  Monday  in  March  and  September,  Third      " 

Coffee ;  Second        "  "  '•  ' 

Echols, I  Monday  after  4th  Monday  in  March  and  First        "  May  an<l  November 

September MoUflay  after  Inferior  Court  in  Clinch,.. 

Glynn, 'Third  Monday  in  April  and  October Second  Monday  in  January  and  June,. . 

Pierce, |Thursd.ay  before  the  1st  Monday  in  March' 

I     and  September " .Second        "  June  and  December,. 

Ware, i Third  Monday  in  March  and  Septembtr,.|Third 

Wayne^ ■  •  ■  I  Fourth  Monday  in  April  and  October. |Tblrd  " January  and  July, . . . 


CHATTAHOOCHEE  CIRCUIT. 


Chattahoochee, 

Harris 

Marion, 

Muscogee, 

Schley, 

Talbot, 

Taylor, 


eiTPERIOK   COrRTS. 


INFERIOR   COCETS. 


Fourth  Monday  in  March  and  September,  i Third  Monday  in  June  and  December,. 


Second 

First 

Fourth 

Fourth 

Third 

First 


April  and  October.. . . .  Second 
March  ami  So[itember.  Third 
M.iy  and  November...  Second 

April  and  October iFourth 

March  and  September,  I  Third 
April  and  Octoter. ISecond 


January  and  July 

May  and  NovemDer, . . , 
March  and  September, 
January  and  August,.. 
June  and  December,.. , 
Februarv  and  August,. 


CHEROKEE  CIRCUIT. 


SUPERIOR   COURTS. 


rNTERIOE   CCURTS. 


Cass, [Second  Monday  in  March  and  September,  Fourth  Monday  in  May  and  November,. . 


Catoos.a, Second 

Chattooga, t  First 

Dade, 

Gordon,  ... 

Murray 

Walker,  .... 


May  and  November. . .  Second 
March  and  September,  Fourth 
May  and  November.. .  ! First 
April  and  October,. ..  IFourth 
I  Third 
Monday  before  the  1st  Monday  in  March, 

and  September : First 

VThitfleld IFourth  Monday  in  April  and  October. j  First 


Fourth 

First 
Third 


February  and  August, 
May  and'  November,. . 
March  and  September, 
January  and  July, 


May  and  December,. . . 
January  and  July, 


*  As  to  counties  in  which  the  Superior  Court  sits  two  or  more  weeks,  see  local  acts 
in  pamphlets,  under  appropriate  heads. 


PT. 


-TIT.  1.— CHAP.  2.— Courts. 


583 


Article  ] . — Xiimbor  and  Times  of  Session. 


COWETA  CIRCUIT. 


srPEnior.  rmrRxs. 


IXFEIIIOR   COUKTS. 


Clayton '  First  Monday  in  May  and  Xovember First  Monday  in  Fobruary  and  July, . . 


DeKalb, i  Fourtli 

Fayetie, j  Second 

Fulton, First 

Meriwether,  . .  i  Third 
Tronp, I  Third 


April  and  October Third 

March  and  September.. .  Third 

April  and  October, Third 

February  and  August, . .   Fourth 
May  and  Novewbtr, First 


January 

June 

June  and  December, . . . 

April  and  October, 

February  and  August,. 


EASTERN  CIRCUIT. 


Brvnn, 


Bulloch,  .. 

Chatham, 
Effingham 


Liberty,. 


SUrERIOE  COrBTS. 


IMFERIOE  COUr.TS. 


Fourth  Monday  in  April  and  on  2d  Mon-I 

day  after  4th  Monday  in  November ;  Fourth  Monday  in  January  and  June. 

Friday  afUr  ;id   Monday   in  March  and 

'■  ■        '•     4lh        "    '  October....   First  '■ 

Second  Monday  in  January  and  May Third 

Monda_y  after  the  4th  Monday  in  March  ^ 

and  'id  Monday  after  4lh  Mond.iy  in  Oct. '  Second 
Third  Monday  in  April  and  Monday  after 

j     4th  Monilay  in  November second 

Mcintosh, 'Tuesday  after  '2d  Monday  in  April  andl 

j     Thursday  after  4th  Mon<iay  in  Nov. . . .  , Third  " 

Montgomery,..  (Thursday  after  the  '2d  Monday  in  March 

and  Thursday  after  Sd  Monday  in  Oct..  First  " 

Tattnall JThird  Atondav  in  March  and  4th  in  Oct.. .  Second        ' 


February  and  July, . 


January  and  June,. 


February  and  August, 


FLINT  CIRCUIT. 


BLTKUIOK   COrRTS. 


I>-FERIOR    rorUTS. 


Butts, |Sec(rad  Monday  in  March  and  September.  Second  Monday  in  January  and  July 


Henry, Third 

Monroe |  Fourth 

Newton, Third 

Pike iFirst 

Spalding, i  Third 

Upson.. i  First 


April  and  October FourtJi 

February  and  August,  Second 
March  and  September,'  Fourth 


April  and  October,.. . . 
May  and  November. 


Firjt 
Third 
First 


February  and  August, 
June  anil  December,. . 


February  and  August, 


MACON  CIRCUIT. 


Sri'KUKiR    COURTS. 


rNTKRTOR   rOURTS. 


Bibb jThird  Monday  in  May  tnd  Noyember,. 


Crawford, j  First 

Dooly,. IFirst 

Hous'ton Fourth 

Macon i  Third 

Twines, I  Fourth 

Worth I  Third 


M.ireh  and  September,.  | Third 
Ajinl  and  October,  ...  Third 

!  Fourth 
.Miireh  and  September, . '  First 

Fourth 
April  and  October, j  First 


Third  Mond.iy  iu  Februaiyand  August, 


.Tanuary  and  July,. 

June  and  December,. 

.January  and  July,. . . 

Febriuirv 

.Tanuary 

June  and  December,. 


MIDDLE  CIRCUIT. 


Krrr.r.ioR  coviur-.                     , 

INFKRIOR   COURTS. 

Burke 

Second  M 

>nday 

iu  May  and  November... .  IFirst  Monday 

in 

.lanuarr  and  .July, 

Columbia, 

First 

•' 

March  and  September,! First 

Februiiry  and  '' 

Emanuel, 

Fourth 

Second     " 

January  and     " 

JeffersoB, 

Third 

" 

April  and  October 1  Third 

Johnson,  . 

Second 

" 

June  and  December,. .  Second     " 

April  and  October 

Elchmond 

Fourth 

" 

January  and  June First        " 

June  and  December,.... 

Scriven 

Second 

" 

April  tind  (.)ctober, Second     " 

January  and  July, 

\\  ashington, . . 

Second 

" 

March  and  September,! Fourth    " 

"                  " 

584 


PT.  3.— TIT.  1.— CHAP.  2.— Courts 


Article  1. — Number  and  Times  of  Session. 


NORTHERN  CIRCUIT. 


SUPBBIOK   COURTS. 

INrEEIOE   COUKTS. 

Elbert, 

Second  Monday 

in  March  and  September, 

Third  Monday  in 

January  and  July, 

•Glasscock, 

Third 

FebruarY'  nnd  August, 

Third 

" 

"                    " 

Hancock, 

Second       '• 

April  and  October, 

First 

" 

February  and  August,. 

Hart, 

Third 

March  and  September, 
April  and  Ortobor, 

Third 

t« 

Lincoln, 

Fourth 

First 

" 

February  and  July, 

Madison, 

First 

March  and  September, 

Second 

" 

January              " 

Oglethorpe, . . . 

Third 

April  and  October. 

Fourth 

" 

"                  June,.... 

Talliaferro,  ... 

Fourth        '• 

February  and  Aufrtist, 

First 

*■ 

June  and  December,.. . 

Warren, 

First 

April  and  October, 

March  and  September, 

Second 

" 

February  and  August,. 

Wilkes 

Fourth       « 

First 

" 

May  and  November,. . . 

OCMULGEK  CIRCUIT. 


SUPERIOR  COURTS. 


INFERIOR  COURTS. 


Baldwin,  . 
Greene,. . . 

Jasper, 

Jones, 

Morgan, . . . 
Putnam, . . 
WilkinsoB 


Fourth  Monday  in  February  and  August, |Third  Monday  in  May  and  November,. 

Second  "  "        March  and  September, 'Second        "          June  and  December,. 

Fourth  "             April  and  October, j Fourth 

Third  *•  "                   "                Fourth 

First  '■  March  and  September,  First 

Third  "  "                  ^               Third 

First  '^           April  and  October. I  Second 


Januiiry  and  July,. 
Juno  and  December,. 
January  and  July, . . . 


PATAULA  CIRCUIT. 


eUPERIOR   COURTS. 


INKKRIOU   COUKTK. 


Clay, 

Early, 

Miller, . 
Quitman,.. 
Randolph,. 
Stewart, . . 
Terrell,... 
Webster,  . 


Second  Monday  in  June  and  December,.. ! Second  Monday  in  March  and  September, 


First 

Second 

Third 

First 

Third 

Fourth 

Second 


April  and  October, . . 
May  and  November,. 


April  and  October,.. 
May  and  November, 


Third 

Fourth 

Second 

First 

First 

Fourth 


March  and  September, (Second 


June  and  December,. 

March  and  September, 

February  and  August 

June,  . . 

August, 
June  and  December,. . 


SOUTHERN  CIRCUIT. 


SUPERIOR   COrP.TS. 


IXFEP.IOR    COURTS. 


Berrien,. . 
Brooks, . . 
Colquitt,. 


Irwin,  . . . . 
Laurens, . . 
Lowndes, 
Pulaski,  . . 
Telfair,  . . . 


Thomas, . 
Wilcox,. . 


,  :  Monday  after  Irwin  Court '  Second  Monds 

.  |Se«ond  Mond.ay  in  June  and  Deooniber,. .  iThird  " 

.  iLast  Monday  in  May  and  1st  .Monday  af-l 

j     ter  4th  Monday  in  November ;Firtt 

On  Thursday  after  Teltair  C'nurt i  Fourth 

,  1  Second  Monday  in  April  and  October, j  First 

{First  "     "        Juno  and  December,. . 'First 

i  Third  "  April  and  October, !  Fourth 

Friday  after  4th  Monday  in  Ai)ril  and  Oc- 

i     tober, ." I  Fourth 

IThird  Monday  in  June  and  Decembc-,. . .   Fourth 
Fourth      "  April  and  October, I  Second       " 


SOUTH-WESTERN  CIRCUIT. 


ly  in  January  and  July,. . . . 
Fit'ruarv  and    Aagu-it, 


.January  .'.ml  July, 


Jnno  and  December,. . 
Ffbruuiv  aud  vVugust, 
Jan.  and  1st  in  July,.. 


February  and   August, 
January  and  July,. . . . 


SUPERIOR  COURTS. 


DfFERIOK   COURTS. 


Second  Mondav  in  May  and  November,. .  iTuesd.iy  after  1st  Monday  in  Jan.  &  July, 
Third  "     "        March  and  September,  Third  Monday  in  May  atid  November, .. . 


Fourth 

First 

Fourth 

Second 

Second 


.Vpril  and  October, 'Second 

June  and  December,..  First 


March  and  September, 
May  and  November,. . 
April  and  October, 


Fourth 
Fourth 
Third 


January  and  July,. 
March  and  September,. . 

January  and  July, 

February  and  August,.. 
January  and  July, 


PT.  3.— TIT.  1.— CHAP.  3.— G0UBT8. 


Article  1. — Number  and  Timea  of  Session. 


TAIJ.APOOSA  CIRCUIT. 


8UTKRIOK   OOtJRTS. 


INTERIOR   COrBTS. 


Campbell, 
Carroll,  ... 
Oowota,  . . 
Floy.1,  .... 


Haralson,  , 

Heard, 

Pftulding, . 


Polk iThird 


Second  Monday  in  February  and  Ancnst, [Third  Monday  in  Jnne  and  December,. 

First  "  .\pril  anil  October. iFonrth       " 

First          "              March  and  September.  jFirot 
Third         "             January  and  let  Mon- 
day in  July .' IThird 

Third  Mondav  in  April  and  October Second 

Tliird        '•     "        March  and  8cptcinl>rr..  Second 
Fourth      '•  February  and  Aueuf>t,..  I S«cond 


May  and  Nov.-niber, . 
January  and  July, . . 

Juno  and  December, 


Fourth 


585 


WESTERN    CIRCUIT. 


surERiou  oorKTS. 

INFERIOR   COT7RT8. 

Fourth  M 

onday 

in  .'Vpril  and  October 

First  Monday  in  February  and  August,. 

Clarke 

}<"irst 

Feb.  and  2d  in  Aug.. . . 

Fourth 

"             April  and  October, 

Franklin 

Third 

" 

.Vpril  and  October 

Fourth 

January  and  July 

Owiunett, 

First 

March  and  '2d  in  Sept. 

'Second 

J  une  1  nd  December 

Ilabersham 

Bccond 

April  and  October 

■Second 

■January  and  July, 

Hall, 

Tliird 

March  and  September, 

Fourth 

"                    '■ 

Jackson, 

Fourth 

February  and  AucusU 

Second 

. 

Eabun, 

First 

April  and  Wednesday 

alter  Ist  Mouf 
Third  Monday  i 

First 
j  Third 

..                   -                    *k 

Walton, 

n  February  and  August,.. 

'•            May  and  Nov  ember, .... 

White 

Fourth 

^ 

March  and  Septtriiber. . 

Fourth 

"             June  and  December,.^. . 

ARTICLE  II. 


OF  AP.TOURNMENTS  OF  THE  SUPERIOR    AND  INFERIOR  COURTS. 

Section.  jSection. 

."llGi.  Superior  Court  may  bo  adjourned,  j   3167.  Adjourned  terms. 
3165.  May  be  adjourned  in  vacation.         !   :n6S.  Inferior  Court  may  he  adjourne«l. 
:U66.  May  be  adjourned  in  term  time.       ■  :!169.  May  be  adjourned  in  term  tinm. 

§  81()4.  In  case  of  niiavoidable  accidents,  whereby  the  Snperior  Adjj>uru- 
Court,  in  any  connty,  shall  not  be  held  at  the  time  appointed  for  ^^^^'-^^'^^^^^ 
holding  the  same,  the  Clerk  of  such  court  shall  adjourn  the  same 
from  day  to  day,  not  exceeding  two  days,  and  unless  the  presi- 
ding Judge  shall  order  to  the  contrary  m^  ithin  the  two  days  afore- 
said, the  Clerk  shall  then  adjourn  said  court  to  the  next  term, 

§310)5.  When  the  Clerk  of  the  Superior  Court  is  informed  byCi;|kofSu- 
the  presiding  Judge,  that  it  is  not  possible  for  him  to  attend  the  *^^^"'"*''  *''■ 
regular  term  of  said  court  from  sickness  of  himself  or  his  family, 
or  other  unavoidable  cause,  which  shall  be  expressed  in  the  order 
of  adjournment,  the  Clerk  shall  adjourn  such  court  to  such  time 


586  FT.  3.— TIT.  1.— CHAP.  2.— Cou 


RT6. 


Article  2. — Of  Adjouraments  of  Superior  and  Inferior  Courts. 


To  be  ad-     as  the  Jud2;e  may  direct,  and  sliall  advertise  the  same  at  the 

court-house  of  the  county  m  which  said  court  is  to  be  Jiekl,  and 

one  or  more  times  in  a  public  gazette. 

KorProvi-        §  31GG.  Ko  Superior  Court  shall  be  adjourned  by  the  Judge  in 

'olviBeouij,   vacation,  except  for  the  causes  above  stated,  but  the  Judijce  may, 

in  term  time,  adjourn  such  court  to  such  time  as  he  may  think  fit. 

.Tmipcs  shall      §31(17.  It  sh.'ill  bc  tlic  diity  of  every  Jud«;e  of  the  Superior 

.io°urned       Court  to  hold  an  adjourned  term  in  every  county  within  their  re-"^ 

^""  '    "■    spective  circuits,  when  the  Inisiness  requires  it  to  clear  the  dockets. 

Adjourn-  §3108.  If,  fi'om  any  circumstancc,  a  majority  of  the  Justices 

ferior  cJurt,  0^  tlic  Inferior  Court,  in  any  of  the  counties  of  this  State,  should 

*•■  fail  to  attend  at  the  regular  term  of  said  Inferior  Court,  or  at 

any  adjourned  term,  it  shall,  and  may  be  lawful  for  any  one  of 

the  Justices  of  said  court,  in  the  county  where  such  failure  may 

take  place,  together  with  the  Sheriff,  or  his  deputy,  Coroner  or 

Constable,  and  the  Clerk  of  said  court,  to  adjourn  said  court  to 

such  time  as  they,  in  their  judgment,  may  think  projier ;  and  if 

no  one  of  said  Justices  should  attend  on  the  first  day  of  any  term, 

Mnybsad-   tlieir  Clerk  shall  have  the  same  ]>(»wer  as  the  Clerk  of  the  Supe- 

't'i?rcKTk7    I'ior  Court  in  such  cases,  until  one  of  such  Justices  shall  attend. 

§  3100.  The  Inferior  Court  may  be  adjourned  in  term  time,  as 

the  Superior  Court. 


CHAPTER  III. 

OF  THK  JUDGES  OF  THH  SUPERIOR  COURTS. 

Section'.  ISkctiok. 

3170.  Rules  of  practice,  itc.  i   3172.  Judges  muet  not  express  opinion. 

3171.  All  other  rules  void.  1  3173.  Must  charge  tbo  jury  speciallj'. 

•Tudpes  of        §  3170.  The  several  Judges  of  the  Superior  Courts  of  this  State 

the  Superior  j.   .i  .      1'  ^  •  i  j.  x. 

Court, &«.  may  convene  at  the  seat  oi  government  once  in  eacJi  year  at  sucn 
time  as  they,  or  a  majority  of  them  ma}-  appoint,  for  the  purpose 
of  establishing  nniform  rules  of  practice  throughout  the  several 

Muptb*  circuits  of  this  State,  which  rules,  so  established,  shall  be  pub- 
lished  immediately  after  the  adjournment  ot  said  convention. 

All  other  §  3171.  All  Tulcs  of  practicc  for  the  Superior  or  Inferior  Courts, 
prescribed  by  any  other  authority  than  that  which  has,  by  the 
previous  section,  been  deputed  to  all  the  Judges  of  the  Superior 
Courts  of  Georgia  in  convention,  shall  be  null  and  void  and  in- 
operative. 


PT.  3.— TIT.  1.— CouRTg.  587 

Chapter  3. — Of  the  Judges  of  the  Superior  Courts. 

§3172.  It  is  error  for  any  or  either  of  the  Judsres  of  the  Supe- Jn'ige  must 

'^  •'  "^  *■        not  express 

rior  Courts  of  this  State,  in  any  case,  whether  civil,  or  criminal,  opinion  on 
or  in  equity,  during  its  progress,  or  in  his  charge  to  the  jury,  to 
express  or  intimate  his  opinion  as  to  \vliat  has  or  has  not  been 
proved,  or  as  to  the  guilt  of  the  accused ;  and  should  any  Judge 
of  said  court  violate  the  provisions  of  this  section,  such  violation 

,  shall  be  held,  by  the  Supreme  Court,  to  be  error,  and  the  deci-  Error. 

J^sion  in  such  case  reversed,  and  a  new  trial  granted  in  the  court 
below,  with  such  directions  as  the  said  Supreme  Court  may  law- 
fully give. 

§3173.  The  Judges  of  the  Superior  Courts  shall,  at  the  first  judge  most 
court  in  each  year,  give  the  law  on  the  subject  of  educating  the  jury,  &e. 
poor,  specially  in  charge  to  the  Grand  Juries,  together  with  his 
suggestion  and  arguments  upon  their  duty  and  policy  in  relation 
to  the  same,  and  shall  also,  at  each  term  of  said  court  in  every 
year,  give  specially  in  charge  to  said  Grand  Juries  the  law  against 
gaming  and  trading  with  slaves,  furnishing  slaves  or  free  persons  J^^^ipJ^^^j. 
of  color  with  spirituous  liquors,  gambling  with  negroes,  carrying  fiaTe^'&c. 
deadly  weapons,  and  in  relation  to  colored  mechanics,  furnishing 
negroes  with  poisonous  drugs,  etc.* 

*  For  further  powers  and  duties  of  the  Judges  of  the  Superior  Court,   see  Part  1, 
Title  5,  Chapter  ?,. 


588 


PT.  3.— TIT.  2.— Actions. 


Chapter  1. — General  Principles. 


TITLE  II. 

OF  ACTIONS. 

Chaitek  1.  General  principles. 
Chapter  2.  Of  attachments. 
CiiAPTEK  3.  Petition  and  process. 
Chaj'tek  4.  Of  the  venue. 
Ciiaptp:r  5.  Bail  in  civil  cases. 
CiiAiTEK  C.  Of  making  parties. 
Chapter  7.  Of  abatement,  retraxit,  &c. 


CHAPTER  I. 


GENERAL  PRINCIPLKS. 


•Section. 
317'!.  For  crery  right  <fec. 
.T175.  Action  defined. 

3176.  All  distinctions  of  actions  abolished 

3177.  A  civil  action  defined. 

3178.  A  penal  action  dottnod. 

3179.  Demand — when  required. 

3180.  Claims  of  persons — can't  be  joined. 


Seotion. 

3181.  Parties  to  aclioud  ou  contracts. 

3182.  Parties  to  actions  for  torts. 

3183.  Tenant  in  common  miij  stio  alone. 

3184.  Dates  &  amounts  may  bo  in  figures. 

3185.  Different  claims  may  bo  joined. 

3186.  When  parties  must  sue  separatelj. 

3187.  A  suit  by  an  infant  is  not  void. 


For  evory 
right  there 
shall  be  a 
i^inedy. 


An  action. 


Distinction 
of  actions 
aboli«h«>d. 


A  civil  ac- 
tion defined. 


A  penal  ac- 
tion defined 
and  parties 
provided. 


So  demand 
Booeeaarj. 


§  3174.  For  every  right  there  sliall  be  a  remedy,  and  every 
court  having  jurisdiction  of  tlic  one,  may  if  necessary  frame  the 
other. 

§3175.  An  action  is  merely  the  judicial  means  of  enforcing  a 
right. 

§3170.  All  distinction  of  actions  into  real,  personal  and  mixed 
are  abolislied.  An  action  may  be  against  the  person,  or  against 
property,  or  both.  Generally,  a  proceeding  against  the  person 
binds  the  property  also,  and  a  proceeding  agaist  property,  with- 
out service  on  the  person,  binds  only  the  particular  property. 

§  3177.  A  civil  action  is  one  founded  on  private  rights,  arising 
either  from  contract  or  tort. 

3178.  A  penal  action  is  one  allowed  in  pursuance  of  public 
justice  under  particular  laws.  If  no  special  officer  is  author- 
ized to  be  the  plaintiif  therein,  the  State,  or  the  Governor,  or  the 
Attorney  or  Solicitor  General,  may  be  the  plaintiif. 

§  3179.  No  demand  is  necessary  to  the  commencement  of  an 
action,  except  in  such  cases  as  the  law  or  the  contract  prescribes. 


PT.  3.— TIT.  2.— Actions.  589 


Chapter  1. — General  Principles. 


§  3180.  Distinct  and  separate  claims  of  or  asrainst  different  per-  Apaiast  dtf- 

,        .    .         ,    .         1  .  '  ferent  per- 

sons cannot  be  joined  m  tlie  same  action.  wns. 

§  3181.  As  a  general  rule,  the  action  on  a  contract  whether  ex-  Partioa  to 
press  or  implied,  or  whether  bj  parol  or  under  seal,  or  of  record,  contract 
must  be  brought  in  the  name  of  the  party  in  whom  the  legal  in- 
terest in  such  contract  is  vested,  and  against  the  party  who  made 
it  in  person  or  by  agent. 

§3182.  An  action  for  a  tort  must,  in  general,  be  brought   in  Parties  to 
the  name  of  the  person  whose  legal  right  has  been  affected,  and  torts, 
who  was  legally  interested  in  the  property  at  the  time  the  injury 
thereto  was  committed,  and  against  the  party  committing  the  in- 
jury, eithej  by  himself,  his  servant,  or  agent  in  his  employment. 

§3183.  A  tenant  in  common  need  not  join  his  co-tenant,  but  a  tenant  sa 
may  sue  separately  for  his  interest,  and  the  judgment  in  such  m^™n° 
case  effects  only  himself.  ^'"°*'' 

§318-1.  Dates  and  amounts  in  pleading    may  be  set  out  in  fig- Dates  and 
ures  or  Arabic  numerals,  and  when  a  party  signs  a  contract  with  Xy°^  set 
the  initials  of  his  christian  name  only,  he  may  be  sued   in  the  ^'es." 
same  way. 

§  3185.  All  claims  arising  ex  contractu  between  the  same  parties  Differeut 
may  be  joined  in  the  same  action,  and  all  claims  arising  ex  delicto^^^\^TiJ 
may  in  like  manner  be  joined.     The  defendant   may  also  set  up 
as  a  defence,  all  claims  against  the  plaintiff  of  a  similar  nature 
with  the  plaintiflTs  demand. 

§  3186.  Courts  will  not  in  one  suit  take  cognizance  of  distinct  ^^^.j, 
and  separate  claims  of  different  persons,  but  where  the  damage,  as  "ut^^te- 
well  as  the  interest  is  several,  each  party  injured   must,  in  that'^- 
oase,  sue  separately. 

§3187.  A  suit  commenced  and  prosecuted  by  an  infant  alone  suits  by  an 
is  not  void,  and  although  the  suit  is  defective  in  wanting  a  guar- v'^f^lj'.'""* 
dian  or  next  friend,  the  defect  is  a  amendable  before  verdict,  and 
cured  bv  verdict. 


590 


PT.  3.— TIT.  2.— CHAP.  2.— Actions. 


Article  1. — Of  Isauir  g  Attachments. 


CHAPTER  II. 

OF  ATTACHMENTS. 

Article  1.  Of  issuing  attachments. 

Article  2.  In  what  manner,  on  what  property  executed,  &c. 

Article  3.  Proceedings  on  garnishments. 

AnncLY.  4.  Pleading  and  defences. 

Article.  5.  Replevy  and  disposition  of  property  attached. 

Article  6.  Claim  and  proceedings  therein. 

Article  7.  Lien  of  attachments,  judgments  and  executions. 


ARTICLE   I. 

OF  ISSUING  ATTACHMKNTS. 


SECTtO.V. 

3188.  Grounds  of  attachment. 

3189.  Affidavit. 

;il90.  Bond  to  be  given. 

3191.  Co-partner  may  make  oath  ic. 

3192.  Issue  bv  a  Judge,  Justice  Ac. 

3193.  Property  m  another  county. 
319-1.  When  returnable. 

3195.  To  whom  directed. 

319G.  Issue  and  levy  on  Sunday. 


Section'. 
j  3197.  When  the  debt  is  not  due. 

3198.  Joint  contracts — may  be  attached. 
I  3199.  Executors,  administrators,  ice. 
'  3200.  Security  or  endorsers  vs.  principal. 
,   3201.  May  issue  pending  suit. 
j   3202.  Foreign  incorporations. 
j   3203.   Bail  may  be  attached. 
I   320-4.  Not  void  for  want  of  form. 
!  3205.  Affidavit,  bond  and  attachment. 


Grounds  of 
nttachmcnL 


§3188.  Attachments  may  issue    in  the  fuUowing  eases: 

1.  AVhen  the  debtor  resides  out  of  the  State. 

2.  When  he  is  actually  removing,  or  about  to  remove  without 
the  limits  of  the  county. 

3.  AVhen  he  absconds. 

4.  "When  he  conceals  himself. 

5.  AVhen  he  resists  a  legal  arrest. 

6.  "When  he  is  causing  his  property  to  be  removed  beyond  the 
limits  of  the  State. 

§  3189.  Before  process  of  attachment  shall  issue,  the  party  seek- 
ing the  same,  his  agents  or  attorney  at  law,  shall  make  an  affida- 
vit before  some  Judge  of  the  Superior  Court,  Justice  of  the  Infe- 
rior Court,  Justice  of  the  Peace,  or  Notary  Public  that  the  deb- 
^fney^r  tor  has  placed  himself  in  some  one  of  the  positions  enumerated 
sw»ar.         .^  ^i^-g  Qq^q^  ai^(j  oi^Q  ^f  ^]^q  amouut  of  the  debt  claimed  to  be 

due.    When  the  affidavit  is  made  by  the  attorney  at  law,  or  agent 


By  trhom 
affidavit 
may  bt 


PT.  3.— TIT.  2.— CHAP.  2.— Actions.  691 


Article  1. — Of  l8suing  Attachments. 


of  the  party,  he  may  swear  that  the  amount  claimed  to  be  due,  is 
due  according  to  the  best  of  his  knowledge  and  belief. 

§3190.  The  party  seeking  the   attachment  before  the  samepinintiff 
issues,  shall  also  give  bond  with  good  security  in  an  amount  at  bl.mi  TnYse- 
least  double  the  debt  sworn  to,  payable  to  the  defendant  in  attach-  *'""'^" 
ment,  conditioned  to  pay  such  defendant  all  damages  that  he  may 
sustain,  and  also  all  costs  that  may  be  incurred  hy  him  in  conse- 
quence of  sueing  out  the  attachment  in  tlie  event  the  plaintiff  shall 
fail  to  recover  in  said  case ;  which  bond  it  shall  be  the  duty  of  the 
magistrate  or  other  officer  before  whom  the  affidavit  is  made  to 
take,  and  where  the  affidavit  is  made  by  the  agent  or  attorney  at  u.m?y  may " 
law  of  the  plaintiff,  such  agent  or  attorney  at  law  is  hereby  author-^'"" 
ized  to  sign  the  name  of  the  princijial  who  shall  also  be  bound 
thereby  in  the  same  manner  as  though  he  had  signed  it  himself. 

§3191.  When  the  debt  for  the  recoverv  of  which   the  attach-  co-partncr, 

.  1        •      J  1   •      '  nccnt  or  at- 

ment  is  sought  is  due  to  a  co-partnership,  or  is  due  to  several  per-  '"'■"•^  ™«y 

..,.,,,,.  ■*  -T  make  alSda- 

6ons  jointly,  it  shall  be  lawful  for  any  one  of  the  co-partners  or^'*- 
joint  creditors,  his  agent  or  attorney  at  law,  to  make  the  affidavit, 
and  give  the  bond  iis  prescribed  by  this  Code,  and  to  sign  the  name 
of  the  other  co-partners  or  joint  creditors  to  said  bond,  and  they 
shall  be  bound  thereby  in  the  same  manner  as  though  they  had 
signed  it  themselves. 

§3192.  Affidavit  being  thus  made  and  bond  given,  it  shall  be  Attachment 
the  duty  of  the  officer,  before  whom  such  affidavit  is  made,  and  '^'"•'•*  """^ 
bond  given,  or  any  officer  authorized  so  to  do,  to  issue  an  attach- 
ment against  the  defendant,  which  may  be  levied  on  the  property 
of  the  defendant,  l)oth  real  and  personal,  if  to  be  found  in  this 
State. 

§  3193.  When  the  plaintiff  in   attachment  wishes  to  levy  his  p^oportv  in 
attachment  upon    property  in   a  different  county  from  that  iueoun^^yi"' 
which  the  same  is  returnable,  it  shall  be  the  duty  of  the  magis-  uprnl"'""*^ 
trate  or  other  officer  issuing  such   attachment,  upon  the  request 
of  the  plaintiff,   his  agent  or  attorney  at  law,  to   make  out   a 
copy  or  copies  of  the  original  attachment,  bond  and  affidavit,  and 
certify  the  same,  officially,  to  be  a  true  copy  or  copies,  and  upon 
such  copies  being   delivered  to  any  officer  to  whom  the  same  ^n^t' t*  tL^' 
is  directed,  of  the  county  where  the  property  of  the  defendant  is,  wile"'/ the 
it  shall  be  the  duty  of  such  officer  to  levy  forthwith  the  same  ^'"^"'^^  '*' 
upon  the  property  of  the  defendant  in  such  county,  and  to  return '« '"""*•  re- 
the  same,  with  his  accings  and  doings  entered  thereon,  to  the  court 
to  which  the  original  attachment  is  returnable. 


592  FT.  3.— TIT.  2.— CHAP.  2.— Actions. 


Article  1. — Of  Issuing  Attachments. 


Attachments     §  8194-.  When  the  amount  sworn  to  shall  exceed  the  sum  of  fifty 
turnabie.      dolliirp,  tlic  attachment  shall  be  made  returnable  to  the  next  term 
of  the  Superior  or  Inferior  Court  of  the  count}^  where  the  defend- 
ant resides,  or  where  he  last  resided,  but  if  such  court  shall  sit 
within  twenty  days  next  after  isfsuing  such  attachment,   it  shall 
When  re-     ^'^  made  returnable  to  the  next  term  of  the  Superior  or  Inferior 
tiirnabio  to  a  QQ^rt  thereafter,  and  wdien  the  debt  sworn  to  does  not  exceed  the 

Justice  B 

Court.         gyjj^  Qf'  f^f^y  tloUars,  the  attachments  shall  be  made  returnable  to 
the  next  Justices'  Court  of  the  district  in  wliich  the  debtor  resides, 
or  last  resided,  but  if  the  next  Justices''  Court,  shall  sit  within  ten 
days  next  after  issuing  such  attachment,  it  shall  be  made  returnable 
When  the    to  tlic  Ticxt  Justiccs'  Court  thereafter,  except  when  the  defendant 
i-^swoifout  resides  out  of  the  State,  and  in  that  case,  if  the  de))t  sworn  to  ex- 
— how  r«-    ceeds  fifty  dollars,  the  attachment  nuiy  be  made  returnable  to  the 
"^  "  '"      Superior  or  Inferior  Court  of  any  county  in  this  State,   and  if  it 
does  not  exceed  fifty  dollars,  the  attachment  may  be  made  return- 
able to  a  Justices'   Court  of  any  district  of  any  county  in  thiB 

State. 
To  whom         §3105.  Attachments  returna})le  to  the  Superior  and  Inferior 
'**  Courts  shall  be  directed  to  all  and  suigular  the  Sherift's  and  Con- 

stables of  this  State,  and  attachments  returnable  to  the  Justices' 
Courts  shall  be  directed  to  all  and  singular  the  Constables  of  this 
State. 
Mayiesnoon     §  3196.  Attachments  may  issue  and  be  levied  on  Sunday  when 
day.  the  plaintiff,  his  agent  or  attorney  at  law  shall  swear,  in  addition 


to  the  oath  prescribed  by  this  Code,  that  he  has  reason  to  appre- 
hend the  loss  of  the  debt,  unless  process  of  attachment  do  issue 
AddiUonai    ^,jj  Suudav,  and  shall  also  oomiilv  with  the  other  provisions  of 

oath.  •-  *    •  ■* 

this  Code  in  relation  to  issuing  attachments. 
When  toie        §  3107.  Wlicu  tlic  debt  is  not  due,  the  debtor  shall  be  subject 
dHf,  ^°"     to  attachment  in  the  same  manner  and  to  the  same  extent  as  in 

cases  where  the  debt  is  due,  except  that  where  the  debt  does  not 

become  due  before  final  judgment,  execution  upoji  the  judgment 

shall  be  stayed  until  the  debt  is  due. 
Joint  con-        §  3108.  In  cases  of  ioint  contractors  and  co-partners,  where  any 

tractors  sub-        '^  ,        ,  .  i  >  i-    ,  ,  i  i- 

jtK-ttoat-    one  ot  tliem  shall  render  himselt  liable  to  attachment  accordmg 

fcvchracnf,  i  •  i  i    .       •/» 

to  law,  an  attachment  may  issue  agamst  Inm  upon  the  plamtiff, 
his  agent  or  attorney  at  law  complying  with  the  previous  pro- 
visions of  this  Code  in  relation  to  the  issuing  of  attachments,  and 
the  proceedings  against  such  joint  contractors  or  co-partner  shall 
be  in   all  respects  as  in  other  cases  of  attachments,  except  that' 


PT.  3.— TIT.  2.— CHAP.  2.— Actions.'  59-3 

Article  1. — Of  Issuing  Attachments. 

such  attachment  shall  be  levied  only  upon  the  separate  property  To  be  levied 
of  such  joint  contracter  or  co-partner.  property. 

§  3109.  Process  of  attachment  may  issue  against  an  adminis-  May  issu» 
trator  on  an  estate,  or  the  executor  of  the  last  will  and  testament  "dm^nistM- 
of  any  deceased  person,  as  in  other  cases  when  such  administra-  "'^' 
tor  or  executor  shall  be  actually  removing,  or  about  to  remove 
the  property  of  said  deceased  person  Avithout  the  limits  of  any 
county  of  this  State,  provided  final  judgment  shall  not  be  enter- 
ed up  against  such  administrator  or  executor  until  after  the  ex- 
piration of  two  years  from  the  granting  of  letters  of  administra- ^"gf^g^**" 
tion,  or  letters  testamentary  as  the  case  may  be,  and  in  all  cases 
of  money  demands,  whether  arising  e.v  contractu  or  ex  delicto, 
plaintiff  sliall  have  the  ria;ht  to  sue  out  the  attachment  when  the  ^n  cases  of 

I'l  ini  I'^ii-  i/^«  t       •  money  de- 

deiendant  shall  have  jnaced  hmiselt  in  such  situation  as  will  au-"'"n''s- 
thorize  a  plaintiff  to  sue  out  attachment  upon  the  plaintiff's  com- 
plying with  the  law  now  of  force  in  relation  to  issuing  attach- 
ments. 

§  3200.  In  all  cases  where  a  person  is  surety  or  endorser  upon  ^    ^^  ^^^^ 
an  instrument  of  writing,  and  the  principal  shall  become  subject  "urjl'j  *  ®°" 
to   attachment   according  to   the  provision    of  section    3188  of^,ffu"fpJli^ 
this  Code,  it  shall  be  lawful  for  such  surety  or  endorser,  upon 
complying  with  the  provisions  of  this  Code  in  relation  to  the  is- 
suing of  attachments,  to  have  attachment  against  his  principal, 
and  the  proceedings  shall  be  in  all  respects  the  same  as  in  other 
cases  of  attachment,  according  to  the  provisions  of  this  Code, 
and  the  money  raised  by  such  attachments  shall  be  paid  to  the 
person  holding  such  instrument  of  writing.     But  if  the  surety  orMoney-h»w 

I'liiii  .1  paid  out. 

endorser  has  paid  the  debt,  then  the  money  raised  upon  such  at- 
tachment, or  so  much  thereof  as  will  pay  the  amount  the  surety 
or  endorser  has  paid,  shall  be  paid  to  such  surety  or  endorser,  and 
in  case  the  debt  is  not  due  at  the  time  judgment  is  rendered 
against  the  principal,  execution  shall  be  stayed  until  the  debt  is^^^g"^*"" 
due. 

§  3201.  In  all  cases  where  the  plaintiff  has  commenced  suit  for  when  suit  to 
the  recovery  of  a  debt,  and  the  defendant,  during  the  pendency  ' 
of  such  suit,  shall  become  subject  to  attachment  agreeable  to  sec- 
tion 3188  of  this  Code,  the  plaintiff",  upon  complying  watli  the 
provisions  of  this  Code  in  relation  to  the  issuing  of  attachments, 
may  have  an  attachment  against  the  defendant,  and  all  the  pro- 
ceedings in  relation  to  the  same  shall  be  as  hereinbefore  prescrib- 
ed in  relation  to  attachments  where  no  suit  is  pending.  And  a 
38 


-iH  PT.  3.— TIT.  2.— CHAP.  2.— Actions. 

Article  1. — Of  Issuing  Attachments. 


tachment. 


Attachment 


bail  in  ccr 
tain  wise 


Satisfaction  satisfaction  of  the  judgment  in  the  common  law  action  shall  sat- 
of  judgment.  .^^.^  the  judgment  in  attachment,  and  a  satisfaction  of  the  judg- 
ment in  attachment  shall  satisfy  the  judgment  in  the  common  law 
action. 
Foreign  in-      §  3202.  Attachments  may  issue  against  incorporations  not  in- 
3"cuo  at-  corporated  by  the  laws  of  this  State,  who  are  transacting  business 
within  the  State,  under  the  same  rules  and  regulations  as  are  by 
this  Code  prescribed  in  relation  to  issuing  attachments  and  gar- 
nishments in  other  cases, 

§  3203.  In  all  civil  suits  in  which  bail  lias  been  required,  and 
Ss?"'  such  bail  has  been  given,  and  pending  the  liability  of  said  bail, 
he  shall  attempt  to  remove  beyond  the  State  or  county  in  which 
such  bail  resided  at  the  time  the  same  was  required,  it  shall  be 
lawful  for  the  party  at  whose  suit  bail  was  required,  to  attach  the 
property  of  said  bail  to  answer  tlie  suit  of  the  party  sueing  out  the 
same,  provided  that  said  bail  may  discharge  his  property  from  said 
levy  by  delivering  up  the  body  of  the  principal  according  to  the 
laws  of  this  State. 
Acompii-  §3204.  A  substantial  compliance  in  all  matters  of  form  shall 
tunVe"8uffl-  be  held  sufficient  in  all  applications  for  attachment,  and  in  all  at- 
tachments issued  as  provided  by  this  Code. 

§  3205.  In  all  cases  of  attachment  the  form  of  the  affidavit, 
bond  and  attachment  may  be  as  follows : 

Affida/uit. 

Affidavit,     Georgia,  \ 

County.  \ 
Before  me  the  subscriber  a  in  and  for  said  county 

personally  and  on  oath  says,  that  is  indebted  to  him 

in  the  sum  of  ,  and  that  the  said  Sworn  to  before  me 

,  this  the  day  of  18 

Bond. 

B#ncL         Georgia,  \ 

County,  f 

We  principal  and  security,  acknowledge  ourselves 

bound  unto  in  the  sum  of  dollars  subject  to  the  fol- 

lowing conditions : 

That  the  said  principal  is  seeking  an  attachment  against 

the  said  which  is  now  about  to  be  sued  out  returnable  to 

the  term  of  the  court  of  the  county  aforesaid ;  now 

if  the  said  shall  pay  all  damages  that  the  said  maj 


oiont 
Forms. 


FT.  3.— TIT.  2.— CHAP.  2.— Actions. 


595 


Article  1. — Of  Issuing  Attachments. 


sustain,  and  also  all  costs  that  may  be  incurred  by  him  in  conse- 
quence of  sueing  out  such  attachment  in  the  event  that  the 
said  shall  fail  to  recover  in  said  case,  then  this  bond  to  be 

void. 

Executed  in  presence  of  ,  this 


day  of 


18 


[L.  8.] 
[L.  8.] 


AUachinent. 

Okorgia,  [ 

County,  j 

To  all  and  singular  the  Sherift's  and  Constables  of  said  State : 
You  are  liereby  commanded  to  attach  and  seize  so  much  of  the 
property  of  as  will  make  the  sum  of  dollars  and  all 

costs,  and  also  to  serve  such  summons  of  garnishment  as  may  be 
placed  in  your  hands,  and  that  you  make  return  of  this  attach- 
ment with  your  actings  and  doings  entered  thereon,  to  the 
term  of  the  court  of  said  county,  to  which  court  this  at- 

tachment is  hereby  made  returnable.     Hereof  fail  not.     Witness 
my  hand  and  seal  ,  this  tlie  day  of  18 

[L.  S.] 


\ttacliment. 


AETICLE  II. 

IN  WHAT  MANNER,  ON  WHAT  PROPERTY  EXECUTED,  AND  PROCEED- 
INGS THEREIN. 


Section. 

3206.  Duly  of  officer  to  whom  directed. 

3207.  Must  make  a  return. 

3208.  Must  be  levied  in  order  received. 

3209.  May  be  levied  on  property  of  deft. 

3210.  May  be  levied  by  s;arni.shment. 


Section. 

3211.  Shares  or  interest  in  incorporaiiuu. 

3212.  Transfer  after  levy  void. 

3213.  Certificate  of  purcliase. 

3214..  Vendor  vs.  vendee — sale  of  land 


§  320C..  It  shall  be  the  duty  of  any  one  of  the  officers  to  whom  Duty  of  the 
an  attachment  may  be  directed,  as  provided  in  Section  3195,  Ar-,^!^ 
tide  I,  to  levy  the  same  upon  the  property  of  the  defendant  SS! 
that  may  be  found  in  tlie  county  of  which  he  is  Slieriff  or  Con- 
stable, and  when  any  attachment  shall  come  into  the  hands  of 
any  officer  of  the  county  in  which  such  attachment  is  returnable, 
and  the  defendant  shall  have  removed  his  property  beyond  the/Jnioved 
limits  of  said  county  before  such  attachment  is  executed,  it  shall*''*'' 
be  the  duty  of  the  officer  having  such  attachment  to  follow  such 
property  into  any  county  in  the  State,  and  levy  the  same,  and 


596  PT.  3.— TIT.  2.— CHAP.  2.— Actions. 


vied  by  ser 

vice 

niehmrnt. 


Article  2. — In  what  Manner  and  on  what  Property  Executed,  &c. 

bring  the  property  back  into  the  county  where  the  attacliment  is 
returnable. 
Attaehment      R  3207.  It  shall  be  the  duty  of  the  officer  levyino-  such  attach- 

mBst  De  re-  "  •'  ,  .  •        5^  , 

tnmed.  mcut,  to  rctum  the  same,  with  his  actings  and  doings  entered 
thereon,  together  with  the  affidavit  and  bond,  to  tlie  court  to 
wliich  tlie  same  is  made  returnable. 

offie*.- must      8  3208.  In  all  cases  it  shall  be  the  duty  of  the  officer  levying 

lew.  Ac,  "^  1         •  1   ■    1       1  '. 

attachments,  to  levy  them  in  the  order  m  which  they  came  into 
his  hands,  and  it  shall  be  his  duty  to  enter  upon  the'  same  the 
year,  m>onth,  day  of  the  month,  and  hour  of  the  day  on  which  he 
made  the  levy. 
May  bole-        8  3209.  When  au  attachment  has  been  issued  by  the  proper 

vied  on  the  "  "  /.      i  i     <» 

property,      officcr,  thc  samc  may  be  levied  upon  the  ]>roperty  of  the  defen- 
dant, l)0th  real  and  personal,  which  may  be  found  in  the  county. 
Maybeie-        §3210.  Scrvice  of  the  attachment,  by  serving  process  of  gar- 
ofpnr-  nishment,  shall  be  as  effectual  for  all  purposes  as  though  the  at- 
tachment had  been  served  by  levying  the  same  upon  the  property 
of  the  defendant. 
Shares  or  in-      §3211.  Whcu  the  proccss  of  attachment  shall  issue  against  a 
forporationf  party  wlio  sliall  liavc  or  own  any  interests  or  an  amount  of  sliares 
in  any  corporation  in  this  State,  the  same  may  be  attached  in  the 
following  manner :  the  officer  in  whose  hands  the  attachment  is 
placed,  shall  endorse  an  entry  thereon  (»f  his  levy  on  tlie  corpo- 
rate shares  or  interest  of  the  defendant,  and  shall  forthwith  serve 
How  levied  a  copy  of  the  attachment  so  endorsed  upon  the  President  of  the 
"did"  ""       corporation,  at  the  office  of  the  company,  or  by  leaving  the  same 
at  the  usual  or  most  notorious  place  of  doing  the  business  of  such 
company,  which  entry  and  service  shall  amount  to,  and  be  con- 
sidered a  seizure  of  said  corporate  interest  or  shares,  to  all  in- 
tents and  purposes,  and  under  an   execution   issued  on  such   at- 
tachment, may  be  sold  as  in  other  cases  of  ordinary  execution. 
Transfer  af-       §  3212.  Any  transfer  by  the  defendant  of  the  stock  or  interest, 
vold!^'^'''    so  attached  after  the  levy  of  such  attachment,  shall  be  void,  and 
when  an  execution  is  issued,  the  said  stock  or  interest  shall  be 
sold  b}^  the  Sheriff,  or  his  deputy,  according  to  the  provisions  of 
this  Code,  to  make  bank  and  other  stocks  subject  to  executions. 
Officer  sell-       §3213.  Certificates  of  purchase  shall  be  granted  by  the  officer 

ing  must  -i-i.  •!      J    •  /.  •  1 

giveacer-    Selling,  as  prescribed  in  cases  oi  executions,  and  on  presentation 

of  such  certificates  to  the  proper  officer  of  said  corporation,  it  shall 

'''^^"■-      be  his  duty  to  make  such  transfer  on  his  books,  if  necessary,  and 


PT.  3.— TIT.  2.— CHAP.  2.— Actions.  597 

Article  2.— In  what  Manner  and  on  what  Property  Executed,  &c. 


afibrd  the  purchaser  such  evidence  of  title  to  the  stock  pur- KTideoce  en- 
chased as  is  usual  and  necessary  with  other  stockholders. 

§3214.  In  all  cases  of  sale  of  lands,  where  the  vendor  has  notvecJorm»y 
executed  a  deed  of  conveyance  to  tlie  purchaser  for  the  same,  but  purchase 
has  given  bond  for  titles,  or  other  evidence  of  tlie  contract,  and 
the  purchase  money  has  not  been  paid,  and  tlie  vendee  shall  be- 
come liable  to  attacliment  agreeable  to  the  provisions  of  section 
3188  of  this  Code,  attachment  may  issue  against  him  at  the  in- 
stance of  the  vendor,  upon  complying  with  the  provisions  of  this 
Code  in  relation  to  attachments,  which  said  attachment  shall  be  ^^^  ,^^.^^ 
levied  upon  the  land  described  in  the  bond,  or  other  evidence  of 
contract  for  titles,  and  the  subsequent  proceedings  shall  be,  in  all 
respects,  as  heretofore  prescribed  in  this  Code  in  relation  to  at- 
tachments, which  said  attachments  shall  be  levied  upon  the  land 
described  in  the  bond  or  other  evidence  of  contract  for  titles,  and 
the  siibsequent  proceedings  sliall  be,  in  all  respects,  as  heretofore 
prescribed  in  this  Code  in  relation  to  attachments,  and  it  shall  be 
lawful  for  the  party  bound  by  such  bond  or  other  contract  for 
titles,  to  tile  in  the  Clerk's  othce  of  the  Superior  Court  of  the 

1  1        1         1    •        •  1  1  1  jT    •  11         ,,  need  must 

county  where  tlie  land  is  situated,  a  good  and  sutncient  deed  otbefiiod. 
conveyance  of  said  land  to  the  obligee  of  said  bond  or  other  con- 
tract for  titles,  and  when  judgment  is  obtained  upon  such  attach- jj^  ^c 
meJit,  the  execution   issuing  thereon   may   be  levied  upon  said-''"'^'"''"'- 
land,  and  the  same  be  sold,  and  the  money  arising  from  said  sale 
shall  be  appropriated  to  the  payment  of  said  judgment  on  the  at- 
tachment to  the  exclusion  of  any  other  attachment,  judgment  or 
other  debt  of  the  defendant. 


ARTICLE  III. 

rROCKKDIJfOS  ON   liARNLSHMKNTS. 

SHcrmx.  ISection. 

3215.  ]{o\v  issued,  diroctwi,  fsorvod,  Ac.  ;)218.  Answering  niid  admitting  olTocts. 

.•5210.  Garnislioo  residing  ont  of  county.  |   ."5219.  Plaintifl' may  traverse  tho  answer. 

.'!217.  Garnishee  failing  to  answer.  I   3220.  Issne — how  tried,  Ac. 

§3215.  In  all  cases  where  attachment  may  issue,  it  shall  be'^*"""'! 

•J  '  '  inant — now 

the  duty  of  the  Magistrate,  or  other  officer  issuing  the  same,  at  obuai**. 
the  request  of  the  plaintiff,  his  agent  or  attorney  at  law,  to  issue 
summons  of  garnishment,  directed  to  any  person  that  may  be  in- 
debted to,  or  have  property  or  effects  of  the  defendant  in  their 


698  PT.  3.— TIT.  2.— CHAP.  2.— Actions. 

Article  3. — Proceedings  on  Garnishments. 

Garnishee    hatids,  requiring  them  to  appear  at  the  court  to  which  tlie  attach- 

reqnired  to  .  ,  i  i  i 

iinswer.       mcnt  IS  madc  returnable,  then  and  there  to  depose  on  oatli  Avhat 

they  were  indebted  to  tlie  defendant  at  the  time  of  the  service  of 

said  garnishment,  or  what  property  «tr  effects  of  his  they  have  in 

their  hands,  or  had  at  the  time  of  tlie  service  of  said  summons  of 

jj„^g^,.,. J, J  garnishment,  and  it  shall  be  the  duty  of  the  ofticer  levying  such 

attachment  to  serve  such  summons  of  garnishment. 
whenjtar-  §321f>.  Wlicu  tlic  plaintiff,  his  agent  or  attorney  at  law,  shall 
"idcsoutof  desire  to  garnishee  persons  not  residing  in  the  county  in  which 
tlie  .onnty,  ^j^^  attachment  issues,  it  shall  be  the  duty  of  the  Magistrate  issu- 
ing the  same,  at  the  request  of  tlie  ]»hiintiff,  his  agent  or  attorney 
at  law,  to  make  out  a  copy  of  tlic  affidavit,  bond  and  attachment, 
and  certify  the  same  to  be  a  true  copy,  and  upon  the  delivery  of 
such  copy  to  any  Magistrate,  <^>r  other  officer  who  is  autliorized 
by  law  to  issue  an  attachment  in  the  county  of  which  the 
person  sought  to  be  garnisheed  resides,  it  nhall  be  the  duty  of 
such  Magistrate,  or  other  officer,  to  make  t>ut  a  summons  of  gar- 
nishment for  such  persons  as  he  may  be  requested  to  do  by  the 
plaintiff,  his  agent  or  attorney  at  law.  requii'ing  such  persons  to 
be  an  appear  at  the  next  Superi<»r  or  Inferior  Court,  or  Justice's 
Court  of  the  county  in  which  it  issued,  and  depose  in  the  manner 
prescribed  by  law ;  but  if  the  next  court,  as  aforesaid,  shall  be 
held  within  less  than  ten  days  next  after  the  issuing  of  said  sum- 
mons of  garnishment,  then  tlie  j)crson  garnished  shall  be  required 
to  appear  and  depose  at  the  next  court  thereafter,  which  said 
summons  may  be  served  by  any  officer  authi>rized  to  levy  an  at- 
tachment bv  law,  who  shall  return  such  certified  ctipv.  affidavit, 

By  whom  to  ^  ■>  1^7 

b,.  sorr.  d     bond  and  attachment,  to  the  court  as  aforesaid,  together  with  his 

andretarned  ^  '  ^  '        j-' 

actings  and  doinors  entered  thereon, 
ifth*  (rar-        §  3217.  Wlicu  any  person  summoned  as  garnishee  fails  to  ap- 
M'Bw*r!"&c**  pear  in  obedience  to  the  summons,  and  answer  at  the  first  term 
of  the  court  at  which  lie  is  required  to  appear,  the  case  shall 
©nfurther    ^^^^^l  coutiuued  uutil  the  next  term  of  the  court,  and  if  he  should 
failure.  A«.   f\^[\  ^q  appear  and  answer  by  said  next  term,  the  plaintiff  may  on 
motion,  have  judgment  against  him  for  the  amount  of  the  judg- 
ment he  may  have  obtained  against  the  defendant  in  attachment, 
Court  may    or  for  SO  much  thereof  as  shall  remain  unpaid   at  the  time  the 
garnieh-      judgment  IS  rendered  against  the  garnishee,  and  the  court  ma}' 
continue  the  case  until  final  judgment  is  rendered  against  tlie  de- 
fendant in  attachment. 


PT.  3.— TIT.  2.— CHAP.  2.— Actions.  5td 


Article  3  — Proceedings  on  Gamishflients. 


f 


83218.  When  the  garnishee  appears  and  answers  that  he  is  if  the  gar 

A?  •      t  •      1  1  1  nishee  ad- 

indebted  to,  or  has  property  or  eiiects  in  his  hands  belonging  to  mits  effect*, 
the  defendant  in  attachment,  judgment  shall  be  rendered  against 
him  in  favor  of  the  plaintiflf  for  such  acknowledged  indebtedness, 
and  the  property  and  effects  whatever  they  may  be,  shall  be  de- 
livered into  the  hands  of  the  Sheriff  or  Constable  as  the  case  may  property  re- 
be,  and  by  order  of  the  court  shall  l)e  l>y  him  sold,  and  the  money  *"''°^'*'- 
arising  from  such  sale,  shall  be  held  subject  to  the  order  of  the 
court  and  in  case  the  garnishee  fails  to  deliver  over  such  proper- 
ty or  effects  to  the  officer  as  aforesaid,  it  shall  l)e  lawful  for  the 
court  to  attach  him  as  for  contempt ;  the  property  and  effects  soFaiHagto 
surrendered   and  delivered   into    the    hands  of  tlie    officer  as  property. 
aforesaid,  shall  be  sold  at  such  time  and  place,  and  after  such  no- 
tice given,  as  the  court  ordering  the  same  shall  direct. 

§  3219.  When  the  summons  of  garnishment  is  returnable  to  piaintiff 
the  Superior  or  Inferior  Court,  and  the  plaintiff  in  attachment  ist?uverso  the 
not  content  with  the  answer  of  the  garnishee,  he  may  at  the  term  £?:irnishee. 
of  the  court  to  which  tlie  return  is  made,  traverse  the  same,  and 
the  issue  formed  upon  such  traverse  shall  be  tried  at  the  same  issue— how 
term  by  a  petit  jury,  unless  cause  is  shown  for  a  continuance,  and''"^''^' 
either  party  being  disatistied  with  the  iinding  of  the  said  jury, 
may  appeal  as  in  cases  at  common  law,  and  the  same  shall  be  fv'mly^p- 
tried  and  governed  by  the  same  rules  and  regulations  as  in  other  '"''*'• 
appeal  cases.     On  the  trial  of  said  issue,  it  shall  be  competent  for 
the  plaintiff  to  show  the  amount  of  indebtedness  of  the  crarnishee  P'^'ntp' 

■•■  ~  may  show 

and  the  value  of  the  property  and  effects  not  surrendered  as  afore- ^"'^^^'P*^' 

i     i      "^  ncss  of  gar- 

said,  and  upon  final  judgment  being  rendered  against  said  (rar- "■^^''®- 

nishee  the  plaintiff  in  attacliment  shall  have  execution  for  the  ^''*^'^"'''"'- 

amount  of  such  judgment  and  cost  as  at  common  law. 

§3220.  When  the  summons  of  garnishment  is  returnable  to  a  if  the  issue 

Justices'  Court,  the  issue  formed  upon  the  tr.a verse  as  aforesaid,  ticc°/com-t. 

shall  be  tried  by  a  jury  in  the  same  manner  as  appeal  cases  in  a 

Justices'  Court. 


600  FT.  3.— TIT.  2.— CHAP.  2.— Actions. 

Article  4. — Of  Pleading  and  Defences. 

ARTICLE  TV. 

OF  PLP]ADmG  AND  DEFENCES. 

Sectiok.  I  Section. 

3221.  Declaration  to  be  filed  at  lirst  term,  j  3227.  Death  of  pl'fl^:— parties  how  made. 


3222.  Plaintiff  p:ive  defendant  notice  &c. 

3223.  Defendant  defend  .at  any  time,  &c. 

3224.  May  plead  set-off  not  due. 

3225.  May  traverse  truth  of  plff'a  affidavit. 

3226.  Traverse  shall  not  delay  judgment. 


3228.  Death  of  def't — parties  how  mad*. 

3229.  Pleadings  amendable,  (fee. 

3230.  Judgment  may  be  set  aside. 

3231.  Intorrogatorios  may  he  sued  out. 


Declaration      §  3221,  When  the  attachment  has  been  returned  to  the  proper 
!^*"^n^*^  court,  the  subsequent  proceedings  shall  be  in  all  respects  the  same 
as  in  cases  where  there  is  personal  service,  and  when  the  attach- 
ment is  returnable  to  the  Superior  or  Interior  Court,  the  plaintift' 
shall  file  his  declaration  at  the  first  term. 
Tcndayf."         §3222.  The  plaintiff,  liis  agcut  or  attomcj  at  law,   may  gire 
fOTdTnt  *  notice  in  writing  to  the  defendant  of  the  pendency  of  such  attach- 
ment and  of  the  proceedings  thereon,  which  shall  be  served  per- 
sonally on  the  defendant  by  the  Sheriff,  his  deputy  or  a    Consta- 
,     ble  of  the  county  to  which  said  attachment  is  returnable,  by  giv- 
shall  bind    jj^o-  ]^[iy^  ^  copy  of  Said  uoticc,  at  least  ten  davs  before  final  iudg- 

all  property        ©  i ./  '  .^  j       o 

of  dofcn-  ment  on  said  attachment,  and  returninor  said  oricjinal  notice  with 
his  service  entered  thereon  to  the  court  in  which  said  attachment 
is  pending,  which  being  done,  the  judgment  rendered  upon  such 

Nodcciava-  attachment  shall  have  the  same  force  and  effect  as  iudgments 

tion  shall  be  ^  .        . 

«gmisscd.    rendered  at  common  law ;  and  no  declaration  shall  be  dismissed  be- 
cause the  attachmeut  may  have  been  dismissed  or  discontinued,  but 
the  plaintiff  shall  be  entitled  to  judgment  on  the  declaration  filed, 
as  in  other  cases  at  common  law,  upon  the  merits  of  the  case. 
Defendant        §3223.  Tlic  defendant  may  appear  by  liiinself  or  attoriiey  at 
S^deTncl  l^W)  ^^d  make  his  defence  at  any  time  before  final  judgment  is 
Either  party  I'Gudered  against  him,  and  either  party  being  dissatisfied  with  the 
may  appeal,  yerdjct  that  may  be  rendered  in  the  case  may  enter  an  appeal. 
Defendant        §  3224.  Any  defendant  against  whom  an  attachment  may  issue 
™U)ffu(u*  for  the  recovery  of  a  demand  which  is  not  due,  under  the  provi- 
sions of  Section  3197,  Article  I,  may  avail  himself  in  his  defence 
of  any  set-oft'  pleadable  by  the  laws  of  this  State,  notwithstanding 
such  set-off  may  not  be  due  at  the  time  of  sueing  out  such  attach- 
ment, or  at  the  trial  thereof,  and  if  said  set-oft',  so  pleaded,  shall 
Bxeeution  to  exceed  the  plaintift's  demand,   the   defendant  shall   havejudg- 

b*  staved.  i  1 

ment  against  the  plaintift"  for  such  excess  as  at  common  law, 


PT.  3.— TIT.  2.— CHAP.  2.— Actions.  001 


Article  4. — Of  Pleading  and  Defences. 


with  a,  stay  of  execution  until  the  time  the  said  set-ofFso  pleaded 
shall  become  due. 

§3325.  In  all  cases  of  attachment  the  defendant  may  traverse  May traTere* 
the  truth  of  the  affidavit  in  relation  to  the   ground  upon  which '"fain^frw- 
the  attachment  issued,  at  the  return  term  of  the  attachment,  and    *^''' 
if  said  attachment  is  returnable  to  the  Superior  or  Inferior  Court, 
the  issue  formed  upon  such  traverse  shall  l)e  tried  by  a  jury  atlrr^r'""' 
the  same  term,  unless  good  cause  is  shown  for  a  continuance ;  and 
either  partv  bcinir  dissatisfied  with  tlie  verdict  of  the  iurv  may,,, , 

A  •  ~  ^  .1       .:  J    hither  partf 

enter  an  appeal,  and  if  the  final  verdict  upon  such  issue,  shall  be  """-^  *•'?''•' 

in  favor  of  the  defendant,  said  attachment  shall  be  dismissed  at 

the  cost  of  the  plaintiff.     And  if  the  attachment  is  returnable  to  ju"tU"''' 

a  Justices'   Court,  the  issue  formed  upon  the  traverse  aforesaid  t^>^'~''*''^ 

shall  be  tried  by  a  jury  in  the  same  manner  as  ai)peal  cases  in 

a  Justices'  Court. 

§  32:3().  Xo  traverse  of  the  plaintiffs  attachment,   affidavit  or  ^^  tv^y<^^^^ 
other  proceedings  of  the  attachment,  shall  delay  judgment  on  the  piajiuff.'' 
declaration,  where  personal  service  has  been  perfected,  but  judg- 
ment may  be  had  thereon,  subject  to  the  rules  of  the  common  law,  m"  jTe^had 
as  well  before  the  trial  of  the  issue  made  on  the  attachment  pro- niirauon'^' 
ceedings  as  afterwards. 

§3227.  In  case  either  plaintiff  or  defendant  shall  die  before  if ^ithor  par- 
final  judgment  is  rendered  in  any  case,  and  there  is  representa- '^'"*'' 
tion  upon  the  estate  of  the  defendant,  parties  shall  be  made  in  the 
same  manner  as  in  cases  where  there  is  personal  service.  But  if 
there  is  no  known  representation  upon  the  estate  of  the  defendant, 
within  this  State  and  the  plaintiff  shall  die,  his  executor,  or  ad- 
ministrator may  at  any  time  after  his  <pialification  as  such,  cause 
to  be  issued  by  the  Clerk  of  the  Court  or  Justice  of  the  Peace,  aouthe.i(>«th 

•        _L»       •  ,  1  1       .        ,1  ,.       ,  ...  of  plaintiff. 

SGhrejac/as^  returnable  to  the  next  term  of  the  court  after  issu- 
ing the  same,  giving  notice  to  the  opposite  party  of  his  intention, 
to  be  made  a  party  in  place  of  his  deceased  testator  or  intestate, 
which  shall  be  posted  up  at  the  door  of  the  court-house  where 
such  attachment  is  pending,  at  least  twenty  days  before  the  term 
at  which  such  scire  facias  is  made  returnable ;  and  upon  affidavit 
being  made  by  the  executor  or  administrator  of  this  beng  done, ' 
and  said  affidavit  being  filed  among  the  papers  in  the  case,  said 
executor  or  administrator  shall,  on  motion,  be  made  a  party  and 
the  same  proceed  in  his  name. 

§3228.  When  the  defendant  shall  die  scire  facias  shall  issue  onth« death 
•  ,in  the  manner  aforesaid  after  tlie  expiratiOTi  of  twelve  months 


Parties— 
honr  ina<l«. 


602  PT.  3.— TIT.  2.— CHAP.  2.— Actions. 

Article  4. — Of  Pleading  and  Defences. 

from  the  death  of  the  defendant,  directed  to  tlie  representative 
of  the  deceased  defendant,  notifying  him  of  the  pendency  of  such 
attachment,  and  of  the  intention  of  the  plaintiff  to  proceed  with 
the  same,  which  being  posted  as  aforesaid,  and  affidavit  made  and 
filed  as  aforesaid,  it  shall  be  lawful  for  the  plaintiff  to  proceed  in 
the  same  manner  as  though  the  death  of  the  defendant  had  not 
Parties-how  occurrcd,  but  the  executor  or  administrator  upon  the  estate,  may, 
at  any  time  before  final  judgment  upon  the  attachment,  come  in 
and  be  made  a  party  and  defend  in  the  same  manner  as  his  testa- 
tor or  intestate  might  have  done. 
Attwh-  §  3229.  The  plaintiff  in  attachment  shall  have  the  right  to 

returns       amcud  liis  attachment  or  bond  or  declaration  as  in  other  cases  at 

thereuu 

jirafn.iubie.  common  law,  and  the  levying  officer  shall  have  the  right  to  amend 

his  return  by  supplying  an}^  omissions  or  errors,  and  the  court 

before  which  the  attachment  shall  be  returned  shall  have  power 

to  order  said  amendments. 

.Tndgment        §  3230.  A  judgment  in  attachment  may  be  set  aside  in  a  court 

TsX^for'    ^^  ^^"^^  upon  an  issue  suggesting  fraud  or  want  of  consideration^ 

fraud.  tendered  by  a  judgment  creditor  of  the  defendant  in  attachment. 

interrogato-      §  2231.  lu  cascs  of  attachment  and  garnishment,  interrogato- 

sueVoutT    ries  may  be  sued  out  and  served  as  provided  in  other  cases. 


ARTICLE  V. 

REPLEVY  AND  DISPOSITIOX  OF  PROPERTY  ATTACHED. 

Section.  Sectiok. 

32:52.  Defendant  may  replev}^  property-.   ^  3234.  Perishable  property  not  replevied. 
3233.  Foreign  corporation  mny  replevy. 

k'viedonto      §  3232.  When  an  attachment  has  been  levied  upon  theproper- 

t!)*(iefemiant  *J  ^^  ^  defendant,  it  shall  be  the  duty  of  the  officer  levying  the 

ing'b^n^i^     same,  to  deliver  the  property  so  levied  upon   to  the  defendant, 

upon  his  giving  bond  with  good  security,  payable  to  the  plaintiff 

in   attachment,  obligating  themselves  to  pay  the  plaintiff  the 

amount  of  the  judgment  and  costs  that  he  may  recover  in  said 

case  ;  in  case  the  property  levied  upon  shall  be  equal  to,  or  exceed 

the  amount  of  the  debt  sworn  to  be  due,  in  doul)le  the  value  of 

the  propert}'  levied  upon;  when  the  ])roperty  shall  not  exceed 

Uikiujrsuch  the  amount  of  the  debt  claimed  to  be  due.  then  in  double  the 

boiuiBliall 

return  the    amouut  of  tlic  de1)t  swom  to  be  due,  and  the  officer  taking  said 

same.  '  "-^ 

bond  shall  return  the  same  with  said  attachment  to  the  court  to 


PT.  3.— TIT.  2.— CHAP.  2.— Aotions.  603 

Article  5. — Replevy  and  Disposition  of  Property  Attached. 

which  the  same  is  made  returnable,  and  it  shall  be  lawful  for  the 
plaintift"  to  take  judgment  against  the  defendant  and  his  securities  jndgment 
upon  said  bond  for  the  amount  of  the  judgment  he  may  recover  Mhen  »iiow- 
in  his  said  attachment  case,  in  the  same  manner  that  by  this  Code 
judgment  may  be  entered  up  m  case  of  securities  upon  appeals/ 

§  3233.  When  an  attachment  shall  be  levied  on  the  property  of  jf"^*?/.^!^- 
an  incorporation  not  incorporated  by  the  laws  of  this  State,  itP"'"''^''"''*'- 
shall  be  lawful  for  any  agent  of  such  incorporation  to  relieve  the 
property  levied  on,  or  discharge  the  summons  of  garnishment 
that  may  issue,  by  giving  bond  to  the  levying  officer,  payable  to 
the  plaintiff,  conditioned  to  pay  the  amount  that  may  be  recov- 
ered in  said  case  ;  which  bond,  the  levying  officer  shall  return  to 
the  court  to  which  the  attachment  is  made  returnable,  and  judg- 
ment may  be  entered  up  in  like  manner  against  the  principal  on  b^d— 
and  security  upon  said  bond  for  the  amount  the  plaintiff  may  re- ^}^*° '"''^' 
cover  against  such  corporation. 

§3234.  When  the  defendant  fails  to  replevy  the  property,  and  Perishable 
the  same  remains  in  the  hands  of  the  levying  officer,  and  is  of  amrykewid. 
perishable  nature,  or  liable  to  deteriorate  in  value  from  keeping, 
or  there  is  expense  attending  the  keeping  of  the  same,  (the  same 
not  being  land  or  negroes,)  upon  these  facts  ]:)eing  made  plainly 
to  appear  to  a  Judge  of  the  Superior  Court,  or  two  Justices  of  the 
Inferior  Court  of  the  county  in  which  the  attachment  is  returna- 
ble, where  the  same  is  returnable  to  the  Superior  or  Inferior  Court, 
or  to  a  Justice  of  the  Peace  of  the  county,  where  the  same  is  re- 
turnable to  a  Justices'  Court,  it  shall  be  their  duty  to  order  a  sale 
of  the  property,  which  shall  be  at  the  usual  place  of  holding 
Sheriff's  sales  of  the  county  where  such  property  may  be  when 
the  attachment  is  returnable  to  the  Superior  or  Inferior  Court, 
and  when  the  attachment  is  returnable  to  a  Justices'  Court  at  the 
usual  place  of  Constable's  sales  of  the  district  where  the  property 
may  be,  or  at  such  other  place  as  the  Magistrate  ordering  said 
sale  may  direct;  tlie  time  and  place  of  holding  such  sale,  shall  saie  to  i.e 

ii'i  I  ji  t  "^1  iT.-i  advertised. 

he  advertised  at  the  court-house,  and  at  two  other  public  places 
in  the  county  where  the  same  is  to  take  place,  at  least  ten  days 
before  the  day  of  sale.  And  when  the  attachment  is  returnable 
to  a  Justices'  Court,  it  shall  be  advertised  at  the  court-house  door 
of  the  district  in  which  the  attachment  is  returnable,  and  the 
money  arising  from  such  sale  sliall  be  lield  by  the  ofHcer  making  Money  heui 
the  same,  subject  to  the  order  of  the  court  to  which  tlie  attach- ordir^f" 
ment  is  returnable. 


i^ 


PT.  3.— TIT.  2.— CHAP.  2.— Actions. 


Article  6. — Of  Claims  and  proceedings  therein. 


AETICLE  VI. 


OF  CLAIMS  AND  PROCEEDINGS  THEREIN. 


Section. 
3235.  How  interposed  and  returned. 
.3236.  Shall  be  tried  as  other  claims. 
3237.  Claimant,  his  agent  or  attorney,  &c. 


Section. 

3238.  Suit  on  forthcoming  bond  by  officer. 

3239.  Plaintiff  ?)s.  claimant  for  damages. 

3240.  When  claim  may  ho  interposed. 


Claims — 
how  inter- 


01»imant 
mn«t  make 
oath  and 
^ve.  bond. 


Agent  or  at 
tomey  may 
give  bond. 


Keturns 
whers  m.adc, 


How  trie « 


§  3235.  When  property  shall  be  levied  on  bj  virtue  of  an  at- 
tachment, and  the  same  is  claimed  by  any  person  not  a  l)arty  to 
snch  attachment,  it  shall  be  the  duty  of  the  person  claiming  the 
same,  his  agent  or  attorney  at  law,  to  make  oath  before  some  per- 
son authorized  by  law  to  administer  an  oath,  that  the  property 
levied  on  is  the  property  of  the  claimant,  and  is  not  subject  to 
such  attachment  according  to  the  best  of  his  knowledge  and  be- 
lief, and  said  claimant  shall  give  bond  with  good  security,  payable 
to  the  plaintiff  in  attachment,  in  a  sum  at  least  equal  to  double 
the  value  of  the  property  claimed,  to  be  judged  of  by  the  levying 
officer,  conditioned  to  pay  the  plaintiff  all  damages  which  the 
jmy  on  the  trial  of  the  right  of  property  may  assess  against  him ; 
in  case  it  should  be  made  to  appear  that  such  claim  was  made 
for  the  purpose  of  delay,  and  in  case  the  claim  i.s  interposed  by 
the  agent  or  attorney  at  law  of  the  claimant,  such  agent  or  at- 
torney at  law  shall  have  power  to  sign  the  name  of  the  claimant 
to  the  bond,  and  such  claimant  shall  be  bound  in  the  same  man- 
ner as  thougli  he  had  signed  it  himself.  It  shall  be  the  duty  of 
such  officer  taking  such  affidavit  and  bond  to  return  the  same  to 
the  court  to  which  the  attachment  is  returnable,  unless  the  prop- 
erty levied  on  should  be  real  estate,  in  which  case  it  shall  be  his 
duty  to  return  the  same  to  the  Superior  Court  of  the  county 
where  the  land  lies ;  and  if  the  attachment  is  returnable  to  a  Jus- 
tices' Court  and  levied  upon  slaves,  the  said  affidavit  and  bond 
shall  be  returned  to  the  next  Superior  Court  of  the  county  in 
whicli  the  attachment  was  issued. 

§  3236.  If  the  claim  is  returned  to  tlie  Superior  or  Inferior 
Court  it  shall  be  tried  in  the  same  manner,  and  subject  to  the 
same  rules  and  regulations  as  are  prescribed  by  law  for  the  trial 
of  claims  in  those  courts  where  the  property  is  levied  on  by  vir- 
tue of  ordinary  executions,  and  where  the  claim  is  returned  to  a 
Justices'  Court  it  shall  be  tried  in  the  same  manner,  and  subject 
to  the  same  rules  and  regulations  as  are  by  law  prescribed  for  the 
trial  of  appeal  cases  in  Justices'  Courts. 


FT.  3.— TIT.  2.— CHAP.  2.— Actions.  605 


Article  6. — Of  Claims  and  proceedings  therein. 


§3237.  Tlie  claimant,  his  agent  or  attorney  at  law,  may  give  The  ciahn- 
bond,  with  <2:ood  security,  payable  to  the  levying;  officer,  in  a  sum  or  attorney, 
equal  to  double  the  value  of  the  property  claimed,  the  value  to  be 
judged  of  by  the  levying  officer,  conditioned  to  deliver  such  prop- 
erty at  the  time  and  place  of  sale,  provided  the  same  should  be  found 
subject  to  the  attachment,  and  upon  the  delivery  of  such  bond  to 
the  levying  officer  it  shall  be  his  duty  to  deliver  such  property  to 
the  claimant,  his  agent  or  attorney  at  law,  and  it  shall  be  the 
duty  of  the  levying  officer  to  return  such  bond,  together  with  the 
affidavit  and  claim  bond,  to  the  court  to  wliich  such  attachment 
is  returnable;  and  when  said  claim  is  interposed  by  the  agent  or 
attorney  at  law  of  the  claimant,  such  agent,  or  attorney  at  law, 
shall  have  power  to  sign  the  name  of  the  claimant  to  the  bond, 
who  shall  be  bound  thereby,  in  the  same  manner  as  though  he 
had  signed  it  himself. 

8  3238.  Upon  the  failure  of  the  claimant  to  deliver  such  prop-  <^"  faiime  o 

T  T   •  ••11111  n^  claimant  to 

erty,  according  to  the  conditions  or  said  bond,  the  levying  officer  (i^'i^^-.  &<■• 
may  immediately  sue  the  claimant  and  security  upon  the  bond, 
and  recover  the  full  value  of  the  property  claimed,  and  also  all 
damages,  costs,  and  charges,  that  the  plaintiti'  may  have  sustain- 
ed in  consequence  of  the  failure  of  the  claimant  to  deliver  said 
property. 

^  3239.  In  cases  where  the  claimant  shall  deliver  the  property,  Msy  be  su^.i 

"  IT  1  r,.    .  1      11  1  .    "^T  lor  hire  or 

and  u]>on  selliiu'"  the  same  a  sufficient  amount  shall  not  be  raised uso  «f  prop- 

^  ertv. 

to  pay  the  del)t  and  costs  of  the  plaintiff,  it  shall  be  lawful  for 
the  plaintiff  to  institute  suit  against  the  claimant  and  his  securi- 
ties upon  his  said  bond,  and  to  recover  the  full  value  of  the  hire 
or  use  of  the  property  while  the  same  has  been  in  the  possession 
of  the  claimant,  and  also  full  damages  for  any  deterioration  of 
the  value  of  the  property,  by  use  or  otherwise,  while  the  same 
has  been  in  the  possession  of  the  claimant,  provided  such  recove- 
ry shall  not  exceed  the  amount  of  the  debt  that  may  remain  due 
from  the  defendant  in  attachment,  to  the  plaintiff. 

§  3240.  In  cases  of  attachment,  a  claim  may  be  interposed  ei-  cui^  may 

1  1      ,»  />  •      1  '"•■  ifiterpos- 

tlier  bciore  or  alter  judgment.  ed. 


606  PT.  3.— TIT.  2.— CHAP.  2.— Actions. 

Article  7. — Of  Lien  of  Attachments,  Judgments  and  Executions. 

AETICLE  YII. 

OF  LIEN  OF  ATTACHMENTS,  JUDGMENTS,  AND  EXECUTION. 


Section'. 

3241.  Defendant's  property  bound— when 

3242.  Binds  property  levied  upon  only. 


Section. 

3243.  Money  raised — how  appropriated. 

3244.  Lion  of  attachments,  &c. 


whenjudg-      «  3241.  Wheii  the  defendant  has  jriven  bond  and  securitv,  as 

ment  binds  o  c?  ^  , 

^ro^ertr*  provided  in  Sec.  3232  of  this  Code,  or  when  he  has  appeared  and 
made  defence,  by  himself  or  attorney  at  law,  or  when  he  has  been 
cited  to  appear,  as  provided  in  Sec.  3222,  of  tliis  Code,  the  jndg- 
ment  rendered  against  him  in  such  case  shall  bind  all  his  proper- 
ty, and  shall  have  the  same  force  and  effect  as  when  there  has 
been  personal  service,  and  execution  shall  issue  accordingly,  but 
it  shall  be  first  levied  upon  the  property  attached ;  in  all  other 

bhfd'prorKT- cases  the  judgment  on  the  attachment  shall  only  bind  the  prop- 

*•' '*^'*'' ""■  erty  attached,  and  the  judgment  shall  ])e  entered  only  against 
such  property. 

Executions       8  3242.  After  the  iudgment  has  been  obtained  in  any  case  of 

must  issue  ti       o  i/ 

on  all  judg-  attachment,  execution  shall  issue,  as  in  cases  at  common  law, 

iiipnts.  '  '  ' 

which  execution  shall  be  levied  in  the  same  manner  as  executions 
issuing  at  common  law,  and  tlie  proceedings,  in  all  respects,  shall 
be  the  same,  except  that  when  the  judgment  onl  v  binds  the  prop- 
erty levied  on  by  the  attachment,  as   aforesaid,  the  execution 
shall  be  issued  against  such  property  only,  and  that  property  only 
shall  be  levied  on  and  sold. 
Money  rais-      §  3243.  All  mouey  ruiscil  by  the  sale  of  defendant's  property, 
plied.         or  otherwise,  by  virtue  of  the  provisions  of  this  Code,  in  relation 
to  attachments,  shall  be  paid  over  to  the  creditors  of  the  defen- 
dant, according  to  the  priority  of  the  lien  of  their  judgments, 
saving  only  that  as  between  attaching  creditors,  the  attachment 
first  levied  shafl  be  first  satisfied,  to  the  entire  exclusion  of  any 
attachment  of  younger  levy, 
t^'chmen'tl-     §  3244.  The  lien  of  attachment  is  created  by  the  levy  and  not 
how  created.  ^}j^g  judgment  ou  the  attachment,  and  in  case  of  a  conflict  be- 
tween attachments,  the  first  levied  shall  be  first  satisfied,  but  in 
a  contest  between  attachments  and  ordinary  judgments,  or  suits, 
it  is  the  judgment,  and  not  the  lev}',  which  fixes  the  lien. 


PT.  3.— TIT.  2.— CHAP.  3.— AcrioNa.       JL*        607 


Article  1. — (.^neral  ProTisions. 


CHAPTER  III. 

PETITION  AND  PP.OCESS. 


A-RTicLE  1.  General  provisions. 
Article  2.  Particular  cases. 


ARTICLE  I. 

TtENeral  provisions. 

Section.  I  Section-. 

3245.  Suits — how  commenced.  i   325'!.  Entry  of  Sherifl'  may  be  traversed. 

3246.  Time  filing  to  be  endorsed  on  WTit.'  3254.  Defendants  residing  out  of  county. 

3247.  Process  to  bo  attached  if  not  waived!  3255.  If  no  Sheriff  or  Clerk  be  elected. 


3248.  Appearance  and  pleading,  Ac. 

3249.  If  the  Judge  bo  dead  or  disabled. 

3250.  Process  and  service  may  be  M-aived 

3251.  Must  be  filed  20  days  before  court,  j   3259.  No  special  pleadings  allowed. 

3252.  Must  be  served  fifteen  days. 


3256.  If  process  be  delivered  too  late. 

3257.  If  the  Sheriff  is  a  party. 

3258.  Formal  defects  do  not  vitiate. 


§  3245.  Ordinary  suits  in  the  Superior  and  Inl'erioi"  Courts  shall  suits— how 
be  by  petition  to  the  court,  signed  by  tlie  plain  tin  or  his  counsel, 
plainly,  fully,  and  distinctly  setting  forth  liis  charge  or  demand, 
and  no  want  of  form  shall  be  cause  of  delay,  if  this  article  is 
substantially  complied  with. 

§3246.  Upon  such  petition  the  Clerk  shall  endorse  the  date  ofTim.-of  ai- 
its  tiling  in  office,  which  shall  be  considered  the  time  of  the  com- dorscd. 
mencement  of  the  suit. 

§  3247.  To  such  petition  the  Clerk  shall  annex  a  process  (unless  Process  to  u 
the  same  is  waived)  signed  by  the  Clerk  or  his  deputy,  and  bearing  ^"swaiv""' 
test  in  the  name  of  a  Judge  of  the  court,  and  directed  to  the 
Sheriff,  or  his  deputy,  requiring  the  appearance  of  the  defendant 
at  the  return  term  of  the  court. 

§3248.  Appearance  and  pleading  shall  be  a  waiver  of  all  ir- Ap,,eaiai.cc 
regularities  of  the  process,  or  of  the  absence  of  process,  and  the  culls defccw 
service  thereof. 

§  3240.  If  the  Judge  in  whose  name  the  process  bears  test  is  jf  the  Judge 
dead,  or  otherwise  disqualified  at  the  time,  the  process  shall  be  ^"  ''''"'^'  ^'^' 
good,  and  amended  on  motion. 

§3250.  The  defendant  may  acknowledge  service  and  waive  riocess  and 
process,  provided  the  same  be  in  writing,  signed  by  the  defeu- bo'^wafvl^d'.'^ 
dant,  or  some  one  authorized  by  him. 


608        -  %        FT.  3.— TIT.  2.— CHAP.  3.— Actions. 

Article  1. — General  Provisions. 

Mnstbeflied  §3251.  The  Original  petition  shall  be  deposited  in  the  Clerk's 
befwe'^the^  officc,  at  least  twenty  days  before  the  term  to  which  it  is  returna- 
Mwi^  "      ble ;  and  if  delivered  within  the  twenty  days  the  Clerk  shall  make 

the  same  returnable  to  the  next  term  thereafter. 
Original  ana      §3252.  The  Clerk  sliall  deliver  the  original  petition,  with  pro-' 
rt«iiver°  d^to  cess  annexed,  together  with  a  cop.y  of  the  petition  and  process  for 
the  shenft.  ^^^|^  defendant,  to  the  Sheriff,  or  his  deputy,  who  shall  serve  such 
copy  upon  each  defendant  residing  in  tlie  county,  at  least  fifteen 
days  before  the  first  day  of  the  term,  and  witliin  five  days  from  the 
time  of  receiving  the  same,  and  make  an  entry  of  such  service 
upon  the  original  petition,  and  return  the  same  to  the  Clerk. 
Leaving  a  copy  at  the  defendant's  residence  shall  be  a  sufiicient 
service. 
Entry  of  the     §3253.  The  cutry  of  the  Sheriff,  or  liis  deputy,  may  l)e  tra- 
te*trfv'"rBcd  versed  by  the  defendant  at  the  first  term  after  notice  of  such  en- 
try is  had  by  him,  and  before  pleading  to  the  merits ;  but  this 
shall  not  deprive  the  defendant  of  his  right  of  action  against  the 
Sheriff  for  a  false  return, 
whende-         §3254.  If  auy  of  the  defendants  reside  out  of  the  county,  the 
*tdc  mit*('f "  Clerk  shall  issue  a  second  original  and  copy  for  such  other  county 
poun  y.  ^^  counties,  and  forward  the  same  to  the  Sheriff,  who  shall  serve 
the  copy  and  return  tlie  second  original,  with  his  entry  thereon,  to 
the  Clerk  of  the  court  from  which  the  same  issued. 
If  no  Sheriff     §3255.  If  any  county  shall  refuse  or  neglect  to  elect  a  Sheriff 
V\Jtttl\^  ^^  ^*^  Clerk  for  sixty  days  after  a  vacancy  shall  have  occurred,  suitors 
may  apply  to  any  Clerk  or  Sherilf  of  an  adjoining  county,  and 
have  the  requisite  duty  performed  by  them,  and  their  acts  shall 
be  as  valid  as  if  they  were  officers  of  such  delinquent  county, 
uprowsebo     §3256.  If  tlic  proccss  is  delivered  to  the  Sheriff,  or  his  deputy, 
tlo  uTt'r'     too  late  for  service  within  the  time  specified,  he  shall  return  the 
same  with  an  entry,  stating  the  truth  of  the  case,  and  if  the  de- 
fendant cannot  be  found,  and  does  not  reside  within  the  county, 
the  Sherift"  shall  make  return  of  the  fact  in  the  same  manner. 
if»h«sb.r-       §3257.  If  the  Sherift' is  a  j^arty  to  the  cause,  the  process  shall 
iffis^apar-    ^0  directed  to  the  Coroucr  of  tlic  couuty,  and  to  the  Sherifls  of 
the  adjoining  counties,  and  may  be  served  by  either  as  conveni- 
ence may  suggest. 
Petition  or        §  3258.  Xo  tcchuical  or  formal  objections  shall  invalidate  any 
Sfwtedby'  petition  or  process  ;  but  if  the  same  substantially  conforms  to  the 
j^onl'^"    requisitions  of  this  Code,  and  the  defendant  has  had  notice  of  the 
pendency  of  the  cause,  all  other  objections  shall  be  disregarded ; 


PT.  3.— TIT.  2.— CHAP.  3.— Actions.  609 


Article  1. — General  Provisions. 


Provided^  there  is  a  legal  cause  of  action  set  forth  as  required 
by  this  Code. 

§  3259.  Xo  special  pleadings  shall  be  admitted  at  law  in  the  special 
Superior  or  Inferior  Courts,  and  every  case  shall  go  to  the  jury  noTadmtte* 
and  be  tried  upon  the  petition,  process  and  answer  alone,  and  no 
non-suit  shall  be  awarded  when  the  cause  of  action  is  substan-  no  non-suit 
tially  set  forth  in  the  declaration  for  any  formal  variance  between  allowed. 


the  allegations  and  tlie  proof. 


AliTICLE  II. 

PARTICULAR  CASES. 

Section  1.  Against  joint  and  joint  and  several  contractor. 

Section  2.  In  ejectment. 

Section  3.  Against  corporations. 

Section  4.  Against  trustees. 

Section  5.  Against  executors,  administrators  and  guardians. 

Section  G.  Particular  forms. 


SECTION  I. 

AGAINST  JOINT  AND  JOINT  AND  SEVERAL  CONTRACTORS. 


Section. 

3260.  Joint  contractors,  &c. 

3261.  AVhen  a  note  is  signed  by  two,  &c. 

3262.  Against  co-partners. 

3263.  "When  two  or  more  are  sued,  kc. 


Section. 

3264.  Partnership  property,  &c. 

3265.  If  several  are  sued,  &c. 

3266.  A  maker  and  endorser,  &c. 
326'7.  Suit  on  plaintifl^'s  bond. 


§  3260.  In  all  cases  where  a  person  desires  to  institute  a  suit  joint  con- 
upon  any  bond,  note,  or  other  written  obligation,   subscribed  by  bT'sue'rin^ 
several  persons  who  reside  in  different  counties,  such  person  shall  "^ere^ither 
have  his  option  to  institute  his  suit  in  either  of  said  counties,  ^'^^^^^' 
and  the  process  shall  be  issued,  served  and  returned  as  provided 
in  this  Code,  and  on  such  return  the  plaintiff  may  proceed  as  in 
other  cases. 

§  3261.  Where  any  person  shall  be  in  possession,  (in  liis  own  Kepre&enta- 
right,  or  in  any  other  capacity,)  of  any  note,  bill,  bond  or  other  celsef  obu- 
obligation  in  writing,  signed  by  two  or  more  persons,  and  one  orfued!&c.  ^* 
more  of  the  persons,  whose  names  are  so  signed  as  aforesaid, 
shall  die  before  the  payment  of  the  money,  or  the  compliance 
39 


610  PT.  3.— TIT.  2.— CHAP.  3.— ART.  2.— Actions. 

Section  1. — Against  Joint  and  Joint  and  Several  Contractors. 

with  the  conditions  of  said  bond,  or  obligation  in  writing,  the 
person  holding  such  bill,  bond,  note,  or  other  obligation  in  wri- 
ting, shall  not  be  compelled  to  sue  the  survivors  alone,  but  may 
at  liis  discretion  sue  the  survivor,  or  survivors,  or  the  represen- 
tatives of  such  deceased  person,  or  persons,  or  survivor,  or  survi- 
vors, in  the  same  action  with  the  representative,  or  representa- 
tives of  such  deceased  person,  or  persons ;  provided  nothing  here- 
in contained  shall  authorize  the  bringing  of  an  action  of  any 
months  ai-  kiud,  whatcvcr,  against  the  representative,  or  representatives  of 
any  estate,  or  estates,  until  twelve  months  after  the  probate  of 
the  will,  or  the  granting  of  letters  of  adminstration  on  such  es- 
tate, or  estates. 
Includes  CO-     §  3202.  The  preceding  section  shall  be  so  construed  as  to  em- 
partnera.      ^^^^^  dcbts  agaiust  co-partucrs,  as  well  as  against  joint,  or  joint 

and  several  contractors, 
spvcrni  joint      §  3203.  Whcu  two  or  more  joint  contractors,  or  joint  and  sev- 
Bucd^^in  The  eral  contractors,  or  co-partners  are  sued  in  the  same  action,  and 
^anic  action,  g^^.^.j^g  ^]^^]i  jjg  perfected  on  one  or  more  of  said  contractors  or 
co-i)artners,  and  the  officer  serving  the  writ  shall  return  tliat  the 
rest  are  not  to  be  found,  it  sliall  and  may  be  lawful  for  the  plain- 
tiff to  proceed  to  judgment  and  execution  against  the  defendants 
who  are  served  with  process  in  the  same  manner  as  if  they  were 
of  one,  par- the  oulv  or  solc  defendants,  and  if  either  of  the  defendants  die 
made.         pending  such  action,  his  representative  may  be  made  a  party,  and 
the  case  proceed  to  judgment  and  execution  as  in  other  cases 
against  the  representatives  of  deceased  persons. 
Judgments       §  3264.  Judgments  so  obtained  shall  bind,  and  execution  may 
m"sidp"Tro- be  levied  on  the  joint  or  co-partnership  property,  and  also  the 
perty,&c     jj^^j^yij^i^^r^j  property,  real  and  personal,  of  the  defendant  or  de- 
fendants who  have  been  served  with  a  copy  of  the  process,  but 
shall  not  bind  or  be  levied  on  the  individual  property  of  the  de- 
fendant or  defendants  who  are  not  served  with  a  process. 
If  several        §  3265.  Ill  all  cascs  against  joint  obligors  or  promisors,  any 
the  piTa'ofone  or  more  of  the  parties  may  plead  infancy;    if  such  plea  be 
infancy,  &c.  g^^g^^jj-^g^j^  i\^q  actiou  shall  not  abate,  but  the  court  shall  award 
judgment  as  in  cases  of  non-suit,  in  favor  of   the  party  or  par- 
ties so  pleading,  and  permit  the  plaintiff  to  proceed  against  the 
other  defendant  or  defendants  to  said  suit,  without  further  delay 
or  costs. 

§  3266.  In  case  a  maker  and  endorser  of  a  promissory  note  re- 
side in  different  counties,  the  same  may  ])e  sued  in  the  same 


PT.  3.— TIT.  2.— CHAP.  3.— ART.  2.— Actions.  611 


Section  1  — Aorainst  Joint  and  .Joint  and  Several  Contractors. 


county  where  the  maker  resides,  and  a  copy  of  the  petition  and  when  the 

*'  .  , .  ,      ,  .      maker  and 

process  served  on  the  endorser  residino-  out  ot   the  county  in  endorser  of 

J^  '  .  .  .    .        a  promissory 

which  the  suit  may  be  commenced,  as  provided  in  case  of  joint  note  reside 
obligors  and  promisors  shall  be  deemed  sufhcient  service.  counties,  &c. 

§  3267.  When  a  person  who  has  been  a  defendant  in  attach-  Smein" 
ment  desires  to  sue  the  plaintiff  for  damages,  and  the  plaintiff  p°°inttff. 
shall  not  reside  in  this  State,  it  shall  be  sufficient  to  serve  a  copy 
of  the  petition  and  process  on  the  security  to  the  bond  given  by 
the  plaintiff,  and  said  action  may  proceed  against  both  principal 
and  security. 


SECTION  II. 

IN  EJECTMENT. 


Section. 

32G8.  Ejectment  for  land,  &c. 
3269.  Mesne  profits  count  for. 


Section. 

3274.  Defendant  in  ejectment  may,  &c. 

3275.  Judgment  shall  be  conclusion,  &c. 


3270.  No  separate  action  for.  '   327G.  A  previous  warrantor  may  be,  &c. 


3271.  Ejectmcntby  one  joint  owner  alone. 

3272.  When  several  claimants,  &c. 
3271].  True  claimant  how  made,  &c. 


3277.  The  consent  rule  shall  be.  &c. 

3278.  Recovery  on  prior  possession. 


§  3268.  In  all  cases  where  any  person  residing  in  one  county  Land  divi- 
whose  plantation  or  land  extends  over  the  line  into  an  adjoining  fy  Hnos';°&a 
county,  and  there  is  no  one  upon  whom  service  in  an  action  of 
ejectment  can  be  legally  perfected  in  the  county  where  such 
land  my  lie,  it  shall  l^e  lawful  for  the  Clerk  of  the  Superior 
Court  of  the  county  wherein  such  land  may  lie,  to  issue  process 
in  behalf  of  the  plaintiff  against  the  defendant,  which  process 
shall  be  directed  to  the  Sheriff  of  the  county  wherein  such  land 
may  lie,  and  such  Sheriff  shall  serve  the  same,  and  such  service 
•shall  be  good  and  valid. 

§  3269.  The  plaintiff  in  ejectment  may  add  a  count   in  his  Mem«  prof- 
writ  or  declaration,  and  submit  evidence  to  the  jury,  and  recover  coVt?!  '^' 
by  way  of  damages  all  such  sums  of  money,  to  which  he  may 
be  entitled  by  way  of  mesne  profits,  together  with  the  premises 
in  dispute.     The  count  for  mesne  profits  may  be  in  the  name  of 
the  nominal  or  real  plaintiff  in  the  action. 

§  3270.  No  plaintiff  in  ejectment  shall  have  and  maintain  a  Mesne  prof- 
separate  action  in  his  behalf  for  the  recovery  of  mesne  profits  aratc^suu'' 
which  may  have  accrued  to  him  from  the  premises  in  dispute. 


612  FT.  3.— TIT.  2.— CHAP.  3.— AKT.  2.— Actions. 


Section  2. — In  Ejectment. 


Joint  owner      §3271.  Any  joint  tenant,  tenant  in  common,  or  other  person 

uiont.         having  a  part  interest  in  lands    or  tenements,  may  have    and 

maintain  an  action  of  ejectment  or  trespass  for  the  recovery  of 

Effect  of  the  siich  lands  or  tenements,  or  for  an  injury  tliereto,  without  joining 

judgment     ^j^]j  }jji^  j^ny  Other  person  as  plaintiif ;  but  the  judgment  in  such 

case  shall  not  affect  the  rights  of  those  interested  in  such  lands  or 

tenements  who  are  not  parties  to  the  suit. 

§  3272.  When  several  persons  claim  several  parcels  of  land  un- 
der distinct  titles,  and  do  not  sustain  to  each  other  the  relation  of 
landlord  and  tenant,  a  joint  action  of  ejectment  cannot  be  main- 
tained atrainst  them,  nor  can  a  joint  or  several  recoverv  be  had  in 
such  action,  either  for  the  premises  or  mesne  profits. 
True  claim-       §3273.  A  plaintiff  in  ejectment  may  in  all  cases  make  the  true 
f"ndTntI"''' claimant  defendant  by  serving  a  copy  e)f  the  pending  action  upon 
him,  and  the  person  so  notified  shall  be  bound  by  the  judgment. 
Defendant        §  3274.  A  defendant  in  ejectment  ma}^  at  the  first  term  come 
I^aun.'*       in  and  disclaim  any  claim  of  title,  or  right  of  possession  ;  and  after 


Whtn  seve- 
ral claimants 
cannot  join. 


such  disclaimer  is  filed,  such  defendant  shall  not  be  liable  for  any 
future  cost, 
.indpment—      §  3275.  A  judgment  in  ejectment  shall  be  conclusive  as  to  the 
»oncinsive.   ^.^|^  betwecu  tlic  partics  thereto,  unless  the  jury  find  for  the  plain- 
tiff', less  than  the  fee. 
co-defen-         §3276.  A  prcvious  warrantor  of  the  title  to  the  land  in  dispute 

(lant — who  ,  i     /»        -i  •  •  i-      ■  •  i     i     i 

maybe.       may  06  a  co-deiendant  in  an  action  oi  ejectment,  provided  he 

would  be  answerable  in  damages  in  case  of  eviction. 
The  consent     §  3277.  Tlic  coiiseut  rule  in  ejectment  shall  always  be  consid- 
'"'*■  ered  as  filed,  and  admits  lease,  entry  and  ouster.     The  fictitious 

forms  in  pleading  in  ejectment,  shall  be  suflicient. 
piaintifl  §  '^278.  A  plaiiitift'  in  ejectment  may  recover  the  premises   in 

tmVs^pHor^^'sp^^t^  ^^po^^  ^^*  P^'^^^M^oss^s^        alouc,  agaiust  one  who  subse- 
rheT*""""  quently  acquires  possession  of  the  land  by  mere  entry,  and  with- 
out anv  lawful  right  whatever. 


SECTION  III. 

AGAINST  CORPORATIONS. 

Section.  ,  Section. 

3279.  Members  of  corporations,  &c.  j  3284.  Execution — propert}^  subject. 

3280.  Railroad  companies — liability  of.  i  3285.  Presiding  officer  failing  to  discloge- 

3281.  Process  vs.  corporations.  ;'286.  President  or  stockholder  defend. 

3282.  How  served  by  publication.  3287.  Illegality  to  execution  &c. 

3283.  Notices  to  stockholders.  '  3288.  Foregoing  provisions  cumulative. 


PT.  3.— TIT.  2.— CHAP.  3.— ART.  2.— Actions.  613 


Section  3. — Against  Corporations. 


§  3279.  In  all  suits  asjainst  the  members  of  a  private  association,  Members^of 
joint  stock  company,  or  the  members  of  existing  or  dissolved  cor-  ^^"pJ!^^?^^^^ 
porations,  to  recover  a  debt  due  by  the  association,  company,   or&<^-i'o^ 
corporation  of  which  they  are  or  have  been  members,  or  for  the 
appropriation  of  money  or  funds  in  tlieir  hands  to  the  payment 
of  such  debt,  the  plaintiff  or  complainant  in  such  suit  may  insti- 
tute the  same,  and  proceed  to  judgment  therein  against  all  or  any 
one  or  more  of  the  members  of  such  association,  company  or  cor- 
poration or  any  other  person  liable,  and  recover  of  the  member 
or  members  sued,  the  amount  of  un])aid  stock  in  his  hands,   or 
other  indebtedness  of  such  member,  or  members,   provided  the 
same  does  not  exceed  the  amount  of  the  plaintiff's  debt  against 
such  association,  company  or  corporation,  and  if  it  exceed  such 
debt,  then  so  much  only  as  will  be  sufficient  to  satisfy  such  debt. 

§3280.  In  all  cases  where  the  person  or  property  of  an  indi- u.R.i.ompa- 
vidual  may  be  injured,  or  such  property  destroyed   by  the  care- for  the  mis- 

,  ■     ,.  ■  .  1        '      j«  "     •!  J  conduct  of 

lessness,  negligence  or  improper  conduct  ol  any  rauroaa  company,  officers. 
or  othcer,  agent  or  employee  of  such  company,  in  or  by  the  run- 
niiiing  of  the  cars  or  engines  of  the  same,  such  company  shall  be 
liable  to  pay  damages  for  the  same  to  any  one  whose  property  or 
person  may  be  so  injured  or  destroyed,  notwithstanding  any  by- 
laws, rules  or  regulations,  or  notice  which  may  be  made,  passed, 
or  given  by  such  company,  limiting  its  liability. 

Jj  3281.  Service  of  all  bills,  subpreujis,  writs,  attachments  and  service  of 

1  .     .       1  ,  ,.  process— 

other  original  process  necessary  to  the  commencement  oi  any  ho^y  perfoct- 
suit  against  any  corporation  in  any  court  of  law  or  equity,  may 
be  perfected  by  serving  any  officer  or  agent  of  such  corporation, 
or  by  leaving  the  same  at  the  place  of  transacting  the  usual  and 
ordinary  public  luisiness  of  said  corporation,  if  any  such  place  of 
business  then  shall  bo  within  the   jurisdiction  of  the  court  in 

*'  ,  111  •  »    Ollicor  must 

which  said  suit  mav  be  commenced.     The  officer  shall  specify  state  how 

■•    _  _  ^  "   served. 

the  mode  of  service  in  his  return. 

§3282.  In  all  cases  where  any  corporation  shall  have  no  pub- whou  ami 

*  liow  scrvico 

lie  place  for  doino:  business,  or  shall  have  no  individual  in  office  may  bo  per- 

,  .  ,.         •  ,  ,.  -.         .   1  .     fectedby 

upon  whom  service  or  writs  or  process  may  be  perfected  withm  publication. 
the  knowledge  of  any  party,  complainant  either  in  law  or  equity, 
the  said  complainant  may  make  an  affidavit,  that  the  said  corpo- 
ration has  no  public  place  of  doing  business  or  has  no  individual 
in  office  upon  whom  service  of  writs  or  process  may  be  perfected 
within  the  knowledge  of  said  com})lainant  and  such  affidavit 
beins:  filed  in  the  Clerk's  office  of  the  court  to  which  the  said 


614  FT.  3.— TIT.  2.— CHAP.  3.— ART.  2.— Actions. 

Section  3. — Against  Corporations. 

writ  may  be  made  returnable,  the  Clerk  of  the  said  court  shall 
issue  a  citation  to  the  said  defendants  to  be  and  appear  at  the 
said  court  to  answer  the  complaint,  which  citation  shall  be  pub- 
lished once  a  week  for  three  weeks  prior  to  the  court  to  which 
the  said  complaint  may  be  returnable,  in  some  newspaper  publish- 
ed in  the  county  in  which  suit  is  brought ;  if  no  paper  is  publish- 
lished  therein,  then  in  the  one  nearest  thereto;  and  such  adver- 
tisement shall  be  deemed  and  held  a  service  upon  such  corporation 
for  all  purposes,  either  in  law  or  equity,  and  any  copy  of  the  news- 
paper containing  said  publication  shall  be  received  in  any  of  the 
courts  as  sufficient  evidence  of  such  service. 
Notice  to         §  3283.  Plaintiffs  or  complainants  within  one  month  after  the 

stockholders  ....  .  .  , 

and  effect  of.  mstitution  ot  any  suit  or  suits  at  law  or  equity,  against  any  cor- 
poration, joint  stock,  or  manufacturing  company,  may  publish 
once  a  week  for  four  successive  weeks  in  some  public  gazette  of 
this  State,  notice  of  the  commencement  of  said  suit  or  suits,  and 
said  publication  shall  operate  as  notice  to  each  stockholder  in 
said  corporation,  joint  stock  or  manufacturing  company,  for  the 
purposes  hereinafter  mentioned. 

judgmcntor     §3284.  When  notice  has  been  given  as  provided  in  the  i»rece- 

decrec.  .  .  ,  ^ 

ding   sections,    and   a  judgment  or  decree  has  been    obtained 
against  any  corporation,  joint  stock  or  manufacturing  company 
where  the  individual  or  private  property  of  the  stockholders  is 
bound  for  the  whole  or  any  part  of  the  debts  of  said  incorpora- 
how'issuod"*^^^^'  Jo"^t  stock  or  manufacturing  company,  execution  shall  first 
^°^.p^^p<'''^y  be  issued  against  the  goods  and  chattels,  lands  and  tenements  of 
thoroto.       ^r^[^  corporation,  joint  stock  or  manufacturing  company,  and  upon 
the  return  thereof  by  the  proper  officer,  with  the  entry  thereon  of 
"no  ])roperty  to  be  found,"'  then  and  in  that  case  the  clerk,  or  other 
officer,  upon  an  application  of  the  plaintiff,  his  agent  or  attorney 
accompanied   with   a   certificate  as  liereinafter   directed  to  be 
obtained,  forthwith  shall  issue  an  execution  against  each  of  the 
stockholders  (if  required)  for  their  rateable  part  of  the  said  debt, 
and  cost  of  suit,  in  proportion  to  their  respective  shares  or  other 
liabilities  under  their  charter  of  incorporation. 
President  or     §  3285.  It  sliall  bc  the  duty  of  the  President  or  presiding  offi- 
flcer'boJfnd  ccr  of  sucli  incorporation,  joint  stock  or  manufacturing  company, 
namJs!&(x   by  wliatcvcr  name  he  may  be  designated,  upon  application  of  the 
plaintiff,  his  agent  or  attorney,  forthwith  to  give  a  certificate,  un- 
der oath,  of  the  stockholders  in  said  company,  and  the  number  of 
shares  owned  by  each  at  the  time  of  the  rendition  of  judgment 


PT.  3.— TIT.  2.— CHAP.  3.— ART.  2.— Actions.  615 

Section  3. — Against  Corporations. 

against  said  company ;  and  if  upon  application  by  the  plaintiff,  n^ayTssue 
his  agent  or  attorney,  the  President,  or  officer  aforesaid,  shall  re-  pfe'sMlnt.^ 
fuse  to  give  a  certificate  aforesaid,  or  shall  abscond  or  conceal 
himself  to  avoid  giving  the  same,  the  plaintiff",  liis  agent  or  attor- 
ney, may  make  oath  of  such  refusal,  and  the  clerk,  or  other  offi- 
cer, shall  issue  an  execution  against  such  President  or  jjresiding 
officer,  as  aforesaid,  for  tlie  amount  of  principal,  interest  and  cost 
ot  said  suit. 

§  3286.  If  the  President  or  other  officers  of  said  corporation.  The  Presi- 

•    .  1  ,  .  1      11     ■  •!  /•  1       dent  may  de- 

jomt  stock  or  manutactunng  company,  shall  tail  or  reiuse  to  de- fend  suit 
fend  said  suit  or  suits  brought  as  aforesaid,  any  one  of  the  stock- 
holders of  the  said  company  shall  be  permitted  to  plead  to,  and 
defend  the  same  in  as  lull  and  ample  manner  as  said  company  in 
its  corporate  capacity  could  or  might  do. 

§3287.  In  a  judgment  against  a  corporation,  joint  stock  or  megaiity  of 
manufacturing  company,  under  the  provisions  of  this  Code,  the  *'^''*^'^"*'°" 
defendant  or  defendants,  in  execution,  shall  be  entitled  to  an  il- 
legality under  the  same  rules,  regulations  and  restrictions  as  de- 
fendants are  in  other  cases. 

§3288.  The  proceeding  sections  in    relation   to   proceedings  cumulative 
against  corporations,  joint  stock  and  manufacturing  companies, 
shall  be  understood  and  construed  as  cumulative  of  the  common 
law. 


SECTION  lY. 

AGAINST  TRUSTEES. 

Section'.  1  Section. 

3289.  Claim  vs.  trust  estates.  I  3292.  Sued  in  Justices'  Court — when. 

3290.  Sued  in  Superior  Court — when.  I   3293.  Tlietrus  Restate  bound  by  judgment. 

3291.  Party  defendant.  |   3294.  Execution  must  specify  property. 

§3289.  Any  person  having  a  claim  against  any  trust  estate  for  claims 
services  rendered  to  said  estate,  or  for  articles,  or  property,  or  tfust  estat«, 
money  furnished  for  tlie  use  of  said  estate,  or  where  a  court  of 
equity  would  render  said  estate  liable  for  the  payment  of  said 
claims,  may  collect  and  enforce  the  payment  of  such  claim  in  a 
court  of  law. 

§  3190.  The  person  having  sucli  claim  as  provided  in  the  pre-  How  and 

,.  •,•   ,T  '  11  ,.   ,.  .         11,  where  8ued 

vious  section,  it  tJie  same  exceeds  the  sum  ol  hlty  dollars,  may  ac. 
file  his  petition,  setting  forth  the  grounds  of  such  claim,  and  also 
how,  and  in  wliat  manner  said  estate  is  liable  for  tlie  payment  of 


616  PT.  3.— TIT.  2.— CHAP.  3.— ART.  2.— Actions. 


Section  4. — Against  Trustees. 


said  claims,  and  also  setting  forth  the  name  or  names  of  the  trus- 
tees and  the  cestui  que  trusty  which  petition  shall  be  filed  in  the 
office  of  the  Clerk  of  the  Superior  Court  under  the  same  rules 
and  regulations  as  in  ordinary  cases  at  common  law,  and  the  sub- 
sequent proceedings  shall  be,  in  all  respects,  the  same. 
Party  dcfen-  §3291.  If  thore  is  uo  trustee,  or  he  is  a  mere  naked  trustee 
^  and  non-resident  in  the  county,  the  cestui  que  trust  shall  be  made 

the  defendant,  and  the  proceedings  shall  l)e,  in  all  respects,  the 
same  as  when  the  trustee  is  defendant, 
uow  and         §  3292.  When  the  claim  does  not  exceed  the  sum  of  fifty  dol- 
&c.  '  lars,  suit  may  be  brought  in  a  Justices'  Court  under  the  same 

rules  and  regulations  as  in  ordinary  suits  in  those  courts,  saving 
onl}^,  that  the  summons  shall  set  forth  how,  and  in  what  M^ay  said 
trust  estate  is  liable  for  the  payment  of  said  claim ;  and  the  judg- 
ments rendered  in  a  Justices'  Court  shall  have  the  same  force 
and  eft'ect  as  is  hereinbefore  prescribed  in  i-elation  to  judgments 
rendered  in  the  Superior  Court. 
Trust  estate      §3293.  The  judgment  thus  rendered  shall  impose  no  ])er8onal 
•niy  bonnd.  ]ij^]jj]jfy  qi^  i\^q  trustec,  or  in  any  way  render  his  property  liable  for 
the  payment  of  the  same ;  but  said  judgment  sliall  only  bind  such 
trust  estate,  and  execution  shall  issue  accordingly. 
Execution        §  3294.  All  exccutious  issued  upon  judgments  rendered  under 
^pert^v.*^^^^  the  provisions  of  the  five  preceding  sections  shall  specify  in  the 
body  of  the  execution  the  projierty  upon  which  the  same  is  to 
be  levied,  and  it  shall  be  levied  on  no  other  property. 


SECTION  V. 

AGAINST  EXECUTORS,  ADMIXISTRATOHS  AND  GUARDIANS. 

Sectiox.  !  Section". 

3295.  Execution  returned  nulla  bona,  &c.  j  3298.  One  or  more  sureties  may  he  sued. 

3296.  Executor,  &c.,  failing  to  settle.  3299.  Property  of  princi'l  to  be  exhausted. 

3297.  Guardian  failing  to  settle.  i  3300.  Service  perfected  on  execution,  &c. 

Execution  §  3295.  Upou  the  rendition  of  a  judgment  in  favor  of  a  party 
mtuaboiia.  against  an  executor  or  administrator  upon  any  liability  of  the  de- 
ceased, and  a  return  of  nulla  hojia  by  the  Sherifi"  or  other  officer 
authorized  to  make  the  same,  the  said  party  may  at  once  proceed 
to  sue  upon  the  bond  of  the  executor  or  administrator,  and  may 
recover  judgment  against  the  principal  and  his  sureties  in  the 
same  action,  and  if  the  principal  has  removed  beyond  the  limits 


FT.  3.— TIT.  2.— CHAP.  3.— AKT.  2.— Actions.  617 


Section  5. — Against  Executors,  Administrators  and  Guardians. 


of  this  State,  or  has  departed  this  life,  or  has  no  lejjal  representa- 
tive, then  he  may  sue  the  sureties  on  his  bond. 

§3296.  When  any  executor  or  administrator  shall  fail  to  set- principal 

1  .  i"  T        •!  1  i  i'  ii  i    i.      1      failingto set- 

tle an  account  with  an}'  distributee  or  legatee  oi  the  estate  he  tie  witu  lega- 

represents,  such  distributee  or  legatee  may  institute  his  suit  upon 
the  bond  of  such  representative  in  the  first  instance,  and  may  re- 
cover judgment  against  the  ])rincipal  and  liis  sureties  without  a 
suit  against  the  executor  or  administrator  in  his  representative 
character. 

§  3297.  AVhen  any  guardian  shall  fail  or  refuse  to  settle  an  ac- ^^  ^^rd  may 
count  with  his  ward  upon  his  coming  of  age,  such  ward  may  in-diM.  ^^*'' 
stitute  his  suit  in  the  first  instance  against  his  guardian  and  sure- 
ties without  first  sueing  his  guardian. 

§3298.  When  any  executor,  administrator  or  guardian  shall  one  or  more 
remove  from  this  State,  or  shall  place  himself  in  such  situation  be  sued  in 
as  by  the  provisions  of  this  Code  an  attachment  would  lie  against  sunce. 
a  debtor,  or  if  such  executor,  administrator  or  guardian  is  dead, 
and  his  estate  unrepresented,  it  shall,  and  may  be  lawful,  for  any 
party  in  interest,  or  any  person  liaving  demands  against  such  ex- 
ecutor, administrator  or  guardian  in  siu!h  representative  charac- 
ter, to  institute  his  suit  against  the  sureties,  or  any  one  or  more 
of  them,  upon  the  bond  of  such  executor,  administrator  or  guar- 
dian in   the  first  instance  without  first  obtaining  a  judgment 
against  such  executor,  administrator  or  guardian  in  his  represen- 
tative character. 

§3299.  When  judgment  shall  be  obtained  against  principals  Property  of 
and  sureties,  as  provided  in  the  four  preceding  sections,  the  prop- lirsrtTbo 
erty  of  the  sureties  shall  not  be  levied  upon  until  that  of  the 
principal  shall  be  exhausted,  which  may  be  evidenced  by  a  return 
of  nulla  ho)ia. 

§3300.  In  all  cases  where  there  are  two  or  more  executors  or  uow  service 
administrators,  and  one  or  more  of  such  executors  or  administra-l^ctedon^i- 
trators  shall  remove  without  the  limits  of  this  State,  service  of  &c.  ' 
any  writ  or  process  upon  those  remaining  in  the  State  shall  be  as 
effectual  and  complete  for  all  purposes  whatever,  as  though  ser- 
Fice  had  been  made  upon  all  such  executors  or  administrators. 


618 


FT.  3.— TIT.  2.— CHAP.  3.— ART.  2.— Actions. 


Section  6. — Particular  Forms. 


SECTIOI^  YI. 


PARTICULAR  FORMS. 


Section. 

3301.  Form  for  the  recovery  of  real  estate. 

3302.  For  recovery  of  personal  property. 

3303.  For  recovery  on  a  note,  &c. 

3304.  For  recovery  on  open  account. 

3305.  Form  of  an  action  on  a  judgment. 

3306.  For  breach  oi  warranty. 


Sectiok. 

3307.  For  words. 

3308.  All  suits  for  slander,  &c. 

I  3309.  May  accompany  the  words,  &c. 
!   3310.  Forms  apply  against  executors,  Ac. 
i   3311.  Actions  heretofore  commenced. 
:   3312.  Abstract  of  title. 


Form  for  the 
recovery  of 
real  estate. 


For  tho  re- 
covery of 
personal 
property. 


Fur  the  re- 
covery of 
money  on 
note,  ie.. 


§  3301.  The  form  of  a  declaration  for  tlie  recovery  of  real  es- 
tate and  mesne  profits  may  be  as  follows,  to  wit : 

be  x\\      \  ^^  '^^^  Superior  Court  of  said  county : 

The  petition  of  A.  B.  showeth  that  C.  D.,  of  said  county,  is  in 
possession  of  a  certain  tract  of  land  in  said  county,  (here  des- 
cribe the  land)  to  which  your  petitioner  claims  title;  that  the 
said  C.  D.  has  received  the  profits  of  said  land  since  the 
day  of  18     1  of  the  yearly  value  of  dollars,  and  re- 

fuses to  deliver  said  land  to  your  petitioner,  or  to  pay  him  the 
profits  thereof,  wherefore  your  petitioner  prays  process  may  issue 
requiring  the  said  C.  D.  to  be  and  appear  at  the  next  Superior 
Court  to  be  held  in  and  for  said  county,  to  answer  your  petition- 
ers complaint. 

§  3302.  The  form  of  a  declaration  for  the  recovery  of  personal 
property  may  be  as  follows,  to  wit : 

'A       ,  ^   ^  To  the  Court  of  said  county. 

The  petition  of  A.  B.  showeth  that  C.  D.  of  said  county  is  in 
possession  of  a  certain  (here  describe  the  property)  of  the  value 
of  dollars,  to  which  your  petitioner  claims  title ;  that  the 

said  C.  D.  refuses  to  deliver  said  to  your  petitioner,  or  to 

pay  him  the  profits  thereof;  wherefore  your  petitioner  prays  pro- 
cess may  issue  requiring  the  said  C.  D.  to  be  and  appear  at  the 
next  Court  to  answer  your  petitioners  complaint. 

In  suits  brought  under  this  form  the  verdict  and  judgments 
may  be  the  same  as  in  actions  of  trover. 

§  3303,  The  form  of  an  action  to  recover  money  on  a  note,  bill, 
bond,  receipt,  or  written  promise  of  any  description,  by  adding  a 
copy  of  which,  with  the  endorser's  name,  (if  any)  and  the  credits 
thereon ;  and  when  the  action  is  on  a  bond,  the  breach  from  which 


PT.  3.— TIT.  2.— CHAP.  3.— ART.  2.— Actions.  619 

Section  6. — Particular  Forms. 

arises  the  right  of  action  shall  be  set  out  plainly,  may  be  as  fol- 
lows, to  wit: 

Georgia  \  rp^  ^|^^  ^^^^^.^  ^f  ^^j^  countv. 

County,  j  " 

The  petition  of  A.  B.  showeth  that  C.  D.  of  said  county  is  in- 
debted to  him  in  the  sum  of  dollars,  besides  interest,  on  a 
,  dated  ,  and  due  ,  whicli  said  C.  D.  refuses  to 
pay ;  wherefore  your  petitioner  prays  process  may  issue,  requir- 
ing the  said  C.  D.  to  be  and  appear  at  the  next  Court  for 
said  county,  to  answer  your  petitioner's  (•oin])]aint. 

§  3304.  The  form  of  an  action  on  an  account  maybe  as  follows,  Forrecov«ry 

_  of  money  on 

to  wit  I  open  accojin 

*'^  r       t  ^   I  "^"^  ^^^^  Court  of  said  county. 

The  petition  of  A.  B.  showeth  that  C.  D.  of  said  county  is  in- 
debted to  your  petitioner  dollars,  on  an  account,  as  will 
fully  appear  by  reference  to  a  bill  of  particulars  hereto  annexed, 
which  account  the  said  C.  D.  refuses  to  pay ;  wherefore  your  pe- 
titioner prays  process  may  issue  requiring  the  said  C.  D.  to  be 
and  appear  at  the  next  Court  to  answer  your  petitioner's 
complaint. 

§3305.  The  form  of  an  action  to  recover  money  on  a  judg-c>°a  judg- 
ment may  be  as  follows,  to  wit : 

^^   (^       ^  ,   [  To  the  Court  of  said  county. 

The  petition  of  A.  B,  showeth  that  C.  D.,  of  said  county,  is 
indebted  to  your  petitioner  the  sum  of  dollars,  besides  in- 

terest, on   a  judgment  obtained  by  your  petitioner  against  the 
said  C.  D.  at  a  (name  the  court)  held  on  the  day  of 

18     ,  in  the  (county,  district,  or  town)  of  ,  in  the  State  of 

,  as  will  fully  appear  by  reference  to  an  exemplification  of 
the  proceedings  in  said  case;  that  the  said  judgment  is  unsatis- 
fied, and  that  the  said  C  D.  neglects  to  pay  the  same;  wherefore 
your  petitioner  prays  process  may  issue  requiring  the  said  C.  D. 
to  be  and  appear  at  the  next  Court  to  be  held  for  the  coun- 

ty of  ,  then  and  there  to  answer  the  plaintiff's  complaint. 

§  3306,  Tlie  form  of  an   action  for  a  breach  of  warranty  in  a  Breach  of 

"  •/  warranty. 

deed  may  be  as  follows,  to  Avit : 

Georgia,  1  rr    xi  r>       *.    e      •  -  ^ 

Countv  I  Court  ot  saia  county. 

The  petition  of  A,  B.  showeth  that  C.  D.  of  said  county  is  in- 


•il 


620  PT.  3.— TIT.  2.— CHAP.  3.— AKT.  2.— Actions. 


Section  6. — Particular  Forms. 


debted  to  him  in  the  sum  of  dollars  for  this,  that  on  the 

of  18     7  the  said  C.  I),  executed  to  your  petitioner  a 

warrantee  deed  to  a  certain  tract  of  land  (here  describe  the  land) 
for  the  sum  of  dollars,  paid  by  your  petitioner  to  the  said 

C.  D. ;  that  your  petitioner  has  been  evicted  from  said  lot  of 
land,  and  that  the  said  C.  D.  refuses  to  indemnify  your  petitioner 
for  his  damages  in  that  behalf;  wherefore  your  petitioner  prays 
process  may  issue  requiring  the  said  C.  D.  to  be  and  appear  at 
the  next  Court  for  said  county,  to  answer  your  petitioner's 

complaint. 
Form  of  au       8  3307.  Tlic  form  of  an  action  for  words  may  be  as  follows,  to 

action  for  ,  ./  7 

words.  wit ! 

Count      I  "^^  ^^^^  honorable  Court  of  said  county. 

The  petition  of  A.  B.  showeth  that  C.  D.,  of  said  county,  has 
injured  and  damaged  your  petitioner  in  the  sum  of  dollars 

by  falsely  and  maliciously  saying  of  and  concerning  your  peti- 
tioner, on  the  day  of  ,  18     ,  the  following  false  and 
malicious  words,  to  wit :               ;  wherefore  your  petioner  prays 
process  may  assue  requiring  the  said  C.  I),  to  be  and  appear  at 
the  next             Court  to  be  lield  in  and  for  said  county,  then  and 
there  to  answer  your  petitioner's  complaint, 
s^&'^for '""      ^  3308.  All  suits  for  slander  may  be  prosecuted  under  the  last 
slander.       preceding  form  of  action,  and  the  writ  or  complaint   shall   be 
deemed  and  held  sufficiently  teclmical  and  full,  if  it  follows  such 
form  without  material  variation ;  everything  else  material  for  the 
maintenance  of  the  action  may  be  supplied  by  proof. 
^y'u^e'""      §  3309.  When  the  last  preceding  form  of  action  is  adopted  the 
words,  Arc    plaintiff  may  accompany  the  words  set  forth  by  such  explanatory 

inuendoes  as  will  serve  to  state  the  cause  of  action  distinctly. 
Apply  to  ex-     §3310.  The  forms  of  action  hereinbefore  prescribed  may  be 
used  in  cases  for  or  against  executors,  administrators,  and  other 
trustees, 
h^tofore        §3311.  In  all  actions  which  have  been  heretofore,  or  may  be 
«ommenccd.  hereafter  commenced  in  the  forms  prescribed  by  this  Code,  the 
evidence  admissible,  and  the  form  of  the  verdict  shall  be  the 
same  as  though  said  actions  had  been  commenced  and  j)rosecuted 
under  the  forms  existing  and  in  use  by  the  common  law. 
Abstract  of       §  3312.  To  tlic  declaration  prescribed  by  this  Code  for  the  re- 
covery of  land  and  mesne  profits,  the  plaintiff  shall  annex  an 
abstract  of  the  title,  relied  on  for  such  recoverv. 


PT.  3.— TIT.  2.— Actions.  621 


Chapter  4. — Of  the  Venue. 


CHAPTER  IV. 

OF  thp:  venue. 

Section.  I  Section. 
8.313.  Civil  cases  at  law — where  tried.        3317.  Aj^ainst  railroad  companies.  , 

3314.  Land  suits — where  tried.  |  3318.  Against  non-residents. 

3315.  Suits  against  co-obligors,  &c.  3319.  jSciVe /aao5  against  bail. 

3316.  Against  makers  and  endorsers.  ! 

§3313.  All  civil  cases  in  law,  (except  as  bereinat'ter  provided,)  avu  cases 
shall  be  tried  in  the  county  wherein  the  defendant  resides.  ''*''"''■ 

§  3314.  All  suits  respecting  the  title  to  lands  shall  be  tried  in  suits respec- 
the  Superior  Court  of  the  county  wherein  the  land  lies.  knl""""*" 

§  3315.  Joint,  or  joint  and  several  obligors  or  promissors,  or  joint  con- 
joint contractors  or  co-partners,  residing  in  different  counties,  p?rfn"s,  &C. 
may  be  sued  as  such  in  the  same  action   in   either  county  in 
which  one  or  more  of  the  defendants  reside. 

§3816.  When  a  maker  and  endorser  of  a  promissory  note  re- Maker  aua 
side  in  different  counties,  they  may  all  be  sued  in   the  same  ac-  '°'''"■"'•• 
tiou  in  the  county  where  the  maker  resides. 

§3317.  All  railroad  companies  shall  be  liable  to  be  sued  in  Railroad 
any  county  in  which  the  cause  of  action  originated  by  any  one  "'''"'""''''• 
whose  person  or  property  has  been  injured  by  such  railroad 
company,  their  officers,  agent  or  employees,  in  or  by  the  running 
of  the  cars  or  engines,  for  the  purpose  of  recovering  damages 
for  such  injury.  And  also  on  all  contracts  to  be  performed  in 
the  county  where  suit  is  brought. 

§  3318.  A  citizen  of  another  State,  passing  through  this  State,  ciuzeMs  of 
may  be  sued  in  any  county  thereof  in  which  he  may  happen  toS."""" 
be  at  the  time  when  sued. 

§  3319.  Scire  facias  against  bail  must  issue  from,   and   be  re-  scire jae.ia,s 
turnable  to  the  court  in  which  the  original    judgment  was  ob- '''  '"^'' 
tained. 


622 


PT.  3.— TIT.  2.— CHAP.  5.— Actions. 


Article  1. — Bail  at  the  commencement  of  an  Action. 


CHAPTEK  Y. 

BAIL  IN  CIVIL  CASES. 

Akticle  1.  Bail  at  the  commencement  of  an  action. 
Article  2.  Bail  pendente  lite. 
Article  3.  Proceedings  against  bail. 


Article  4.  Bail  in  trover, 


ARTICLE  I. 

BAIL  AT  THE  C0MM]"]]S:CEMP:NT  OF  AN  ACTION. 


Sbotiok. 

3320.  Bail  affidavit. 

3321.  Before  whom  made. 

3322.  Bail  for  debts  not  due. 

3323.  Canse  of  action. 

3324.  Surety  may  require  bail. 

3325.  Bail  in  suits  ex  delicto. 

3326.  Order  therefor. 

.  3327.  Contents  of  affidavit. 

3328.  E.xecution  of  bail  process. 


Section'. 

3329.  When  Sheriff  is  special  bail. 

3330.  Defendant  faiUng  to  give  bail. 

3331.  Bail  against  itinerants. 

3332.  Security  for  jail  fees. 

3333.  Jail  fees  payable  ^veekl3^ 

3334.  Notice  to  plamtilV. 

3335.  New  bail — when  taken. 

3336.  Service  of  process  on  Sabbath. 

3337.  Widow.s,  kc,  e.xempt  from  arrest. 


Affiilavit    to 
obtain  bail- 


§  3320.  In  all  cases  where  bail  is  reqnirable,  and  is  reqnired 
by  the  plaintiff,  excejit  as  hereinafter  provided,  such  plaintiff, 
his  agent  or  attorney,  shall  make  affidavit  of  the  amount  claimed 
by  him,  and  that  he  has  reason  to  apprehend  the  loss  of  said 
sum,  or  some  part  thereof,  by  reason  of  the  fraud  of  the  defen- 
dant, or  his  non-residence,  if  the  defendant  is  not  held  to  bail, 
which  affidavit  shall  be  tiled  in  the  Clerk's  office,  and  copies 
thereof  affixed  to  the  original  petition  and  process,  and  to  the 
to  must  btgQpy  tliereof,  and  the  amount  sworn  to  shall  be  endorsed  on  the 

^naorsott  on        1  .-  ' 

petition.      g^^j^^  petition  and  process. 

Affid.ivitbe-  §3321.  An  affidavit  to  obtain  bail  may  be  made  before  any 
Judge  of  the  Superior,  or  Justice  of  the  Inferior  Court,  Justice 
of  the  Peace,  Clerk  of  the  Superior  or  Inferior  Court,  Ordinary 
or  Kotary  Public  of  this  State,  or  before  any  commissioner  duly 
appointed  for  this  State,  resident  in  any  other  State  or  Territory 
of  the  Confederate  States,  or  before  any  Judge  or  Justice  of  a 
Superior  Court  of  any  one  of  the  Confederate  States,  and  shall 
have  annexed  thereto  the  seal  of  the  State  from  which  it  shall 
have  come,  and  a  certificate  of  the  Governor  of  such  State  cer- 


feum    sworn 


fore    whom 
jnade. 


PT.  3.— TIT.  2.— CHAP.  5.— Actions.  623 


Article  1. — Bail  at  the  commencement  of  an  Action. 


tifjing  that  the  person  taking  such  affidavit  is  one  of  the  Jndges 
or  Justices  of  a  Superior  Court  of  that  State. 

§  3322.  When  the  debt  is  not  due,  and  the  creditor,  his  agent  when  the 
or  attorney,  shall  make  affidavit  of  the  amount  of  the  debt  to',im\'*"" 
become  due,  and  that  the  debtor  is  about  to  remove,  or  is  mov- 
ing without  the  limits  of  this  State,  and  that  he  has  reason  to 
apprehend  the  loss  of  said  debt,  or  some  part  thereof,  if  the 
debtor  is  not  held  to  bail,  the  creditor  may  commence  an  action 
or  suit  at  law,  and  hold  such  debtor  to  bail  under  the  same  reg- 
ulations as  are  prescribed  in  the  preceding  sections,  and  the  bail  .lu.icmont 
so  taken  shall  in  like  manner  be  liable  to  the  creditor,  but  iudor-rciniorcdnn- 

'  •'        ^    til   tho  debt 

ment  shall  not  be  rendered  in  any  such  case,  until  after  the  debt '»'"""« 'i"« 
shall  become  due. 

§  3323.  It  shall  not  be  necessary  in  an  affidavit  to  obtain  bail  (.^,„j,o  cf  ac- 
to  set  forth  or  describe  the  cause  of  action,  or  character  of  the*^'""' 
debt. 

§  3324,  AVhen  a  security  or  endorser  shall   make  an   affidavit  si.cuntr 
that  he  is  security  or  endorser  upon  any  promissory  note,  single "nlu  ■"'''"""" 
bill,  due  bill  or  bond,  and  that  he  apprehends  that  the  payment 
of  said  debt,  or  some  part  thereof,  M'ill  devolve  upon  himself  if 
the  principal  is  not  held  to  bail,  and  presents  said  affidavit  to 
the  ovrner  of  said  note,  single  bill,  due  bill  or  bond,  his  agent  or 
attorney,  it  shall  be  the  duty  of  such  owner  to  commence  suit 
forthwith,  and  such  affidavit  shall  take  the  place  of  the  one  now 
recpiired  of  the  plaintiff,  upon  which  bail  process  shall  issue,  andcM*i<Torsor('iis- 
all  other  proceedings  shall  be  the  same  as  are  now  authorized  in  piaTnuff  fail 
other  cases  of  bail,  and  if  the  owner  of  such  note,  single  bill,  baii"  " 
due  bill  or  bond,  fail  to  sue  as  hereinbefore  prescribed,  such  secu- 
rity or  endorser  shall  no  longer  be  held  liable  for  the  same. 

§  3325.  In  all  cases  sounding  in  damages  in  which  bail   may  r.aii  in  .ic- 
be  required,  the  Judge  of  the  Superior  Court  may,  on  an  affida-/!v"f.  ^'^  '^^ 
vit  as  hereinbefore  prescribed,  grant  an  order  requiring  bail  of 
the  defendant  in  such  amount  as  he  may  think  proper, 

§  3326.  Any  Justice  of  the  Inferior  Court  may  grant  an  order  onior  for 
to  hold  to  bail  in  all  cases  ex  delicto  for  the  recovery  of  damages,  tu'o  \l \\il' 
whether  the  case  shall  be  made  returnable  either  to  the  Superior  ("oun!" 
or  Inferior  Court  of  the  county  in  which  such  Justice  may  reside, 
and  said  order,  when  so  granted,  shall  have  the  same  force  and 
effect  as  if  granted  by  u  Judge  of  the  Superior  Court. 

§3327.  In  bail  cases  sounding  in  damages  the  sum  sworn  to 
need  not  be  endorsed  upon  the  back  of  the  writ,  nor  is  it  necessary 


624 


PT.  3.— TIT.  2.— CHAP.  5.— Actions. 


Article  1. — ^Bail  at  the  commencement  of  an  Action. 


What  the 
.'iflSdavit 


How  execu 
ted  and  re- 
turned. 


Officer  fail- 
ing to  take 
bail,  &c. 


that  the  affiant  sliould  swear  to  any  particular  sum  as  damages, 
inusteontain  but  must  State  the  facts  as  to  tlie  nature  and  extent  of  the  injury 
which  he  has  sustained;  but  it  is  no  objection  that  the  sum  for 
which  the  Sheriff  is  directed  to  take  bail  differs  from  that  claimed 
in  the  declaration. 

§  3328.  When  any  bail  process  shall  issue  out  of  any  of  the 
said  courts,  whereby  bail  shall  be  required  of  any  person  to  an- 
swer any  action,  in  any  of  said  courts,  the  Sheriff  or  other  arres- 
ting officer  shall  take  a  bond,  payable  to  the  plaintiff  with  one  or 
more  sufficient  securities,  for  double  the  sum  sworn  to,  and  shall 
return  such  bond  with  the  petition  and  process  to  the  court  to 
which  it  is  made  returnable. 

§  3329.  In  case  the  Sheriff  or  other  officer  shall  fail  to  take 
bail  as  required  by  the  preceding  section,  or  the  bail  taken  shall 
be  deemed  insufficient  by  the  court,  on  exceptions  taken  thereto, 
and  an  entry  made  thereof  at  the  first  term  to  which  the  said  pe- 
tition and  process  shall  be  returned,  such  Sheriff  or  other  officer, 
and  his  securities  in  either  case,  shall  be  deemed  and  stand  as  spe- 
cial bail,  and  the  plaintiff  may  proceed  to  judgment  according  to 
the  provisions  hereinafter  mentioned. 

§  3330.  In  all  cases  where  any  defendant  of  whom  bail  shall 
be  required  shall  fail  to  give  good  and  sufficient  bail,  it  shall   be 
the  duty  of  the  Slieriff  or  other  officer  making  the  arrest,  to  com- 
mit such  defendant  to  the  c<Hnmon  jail  of  the  county,  or  if  there 
shall  be  no  jail  in  the  county,  or  the  same  shall  l)e  insufficient,  the 
said  Sheriff,  or  other  arresting  officer,  shall  convey  such  defend- 
ant to  the  jail  of  any  adjoining  county,  and  deliver  such  defen- 
dant to  the  keeper  of  said  jail,  but  such  person  so  arrested  and 
M-wbeex.m-  committed  to  jail  shall  be  allowed  all  the  benefits  of  appearance 
^/"dfohiing  and  defence,  as  if  he  were  personally  present ;  and  shall  not  be 
county.        (;iig(.iiarged  out  of  custody  but  by  putting  in  bail,  or  by  order  of 
court. 

§  3331.  When  a  bail  process  is  placed  in  the  hands  of  a  Sher- 
iff' or  his  deputy,  and  the  person  against  whom  such  process  may 
be,  is  moving!:  about  from  one  county  to  another,  the  said  Slieriff 
or  deputy  may  follow  the  said  person  into  any  county  in  this 
State,  and  serve  such  process. 

S  3332.  In  all  cases   where  a  defendant  shall  be  arrested  by 

Non-resi-  c  •/ 

^°*^p'l'i°*^^  virtue  of  any  civil  process,  at  the  suit  of  any  person  residing  out 

security.      ^£  ^.j^g  couuty  Or  State,  or  where  the  arresting  officer,  for   the 

want  of  a  sufficient  jail  in  the  county  shall  convey  such  defen- 


Defcndant 
failing  to 
give  bail. 


Bail  against 
itinerant 
persons — 
how  served. 


FT.  3.— TIT.  2.— CHAP.  5.— Actions.  625 


Article  1. — Bail  at  the  commencement  of  an  Action. 


daiit  to  the  jail  of  an  adjoining  county,  as  provided  in  the  prece- 
ding section,  the  keeper  of  such  jail  shall  receive  such  defendant 
into  his  custody,  and  him  safely  keep  until  he  is  discharged 
from  thence  according  to  law,  or  by  the  direction  of  the  plaintiff; 
provided  that  the  plaintiff,  his  agent  or  attorney  shall  give  bond, 
with  sufficient  security,  to  the  keeper  of  such  jail,  or  deposit  the 
money  for  the  nuiintenance  and  jail  fees  of  the  defendant,  to  be 
paid  weekly. 

§  3333.  If  any  })erson  be  imprisoned  in  the  common  jail  of  any  Jaii  (ec» 
county  in  this  State  on  mesne  or  final  process  for  debt  and  thewookiy. 
plaintiff'  in  suit  or  execution,  his  agent  or  a,ttorney  shall  fail  to 
pay  up  at  the  end  of  each  and  every  week  the  jail  fees  which 
have  accrued,  then  the  Inferior  Court  may  discharge  the  defen- 
dant by  writ  of  habeas  cwjnis  on  the  application  of  the  jailor. 

§3334.  AVhen  any  debtor  after  iiiviuc;  bail  or  security  on  any  Dobtomot-, 
mesne  or  final  process,  shall  be  surrendered  by  his  bail  or  security,  charged  for 

,  .  ''  ''  '  l.ick  ol  jail 

and  committed  by  the  Sheriff  to  iail.  it  shall  not  be  lawful  for  any  fees,  without 

'I  >>        '  >i   notice. 

court  to  discharge  such  debtor  from  custody  for  the  non-payment 
or  security  of  the  jail  fees,  unless  the  Sheriff  or  jailor  shall  have 
given  at  least  ten  days'  prior  notice  in  writing,  to  the  plaintiff  or 
his  attorney,  who  shall  be  allowed  that  time  within  which  to  pay 
or  give  security  for  the  jail  fees,  and  thereby  prevent  such 
discharge. 

§3335.  "Where  the  bail  shall  surrender  his  principal  either  in  New  bail  in 

101        .rt»rti  i.-i    certain  ca- 

open  court  or  in  vacation,  to  the  Slierin  of  the  count}^  m  which  «^ 
such  principal  may  reside,  and  before  the  principal  has  been  ar- 
rested by  a  capias  ad  satisfaciendum^  it  shall  be  the  duty  of  such 
Sheriff  to  take  new  bail,  if  the  bail  ofiered  is  good  for  the  forth- 
coming of  the  principal  to  be  arrested  with  a  capias  ad  satisfaci- 
endum in  said  case,  and  in  default  thereof  to  pay  the  debt  and 
costs. 

§3336.  Bail  process  may  be  issued  and  served  on  the  Sabbath  Bail  process 
day  and  in  the  same  manner,  and  under  the  same  rules,  regula-  'Ton  sab"^" 
tions,  and  rastrictions  as  are  provided  for  the  issuing  and  serving 
the  same  on  other  days,  provided  the  person  applying  for  such 
bail  process,  shall  in  addition  to  the  oath  heretofore  required  to 
be  taken,  swear  that  he  apprehends  the  loss  of  the  debt  or  some 
part  thereof,  unless  said  bail  process  shall  issue  on  the  Sabbath 
day. 

§  3337.  No  widow  or  /e7/it  sole  shall  be  arrested,  imprisoned 

4U 


626  PT.  3.— TIT.  2.— CHAP.  5.— Actions. 

Article  1. — Bail  at  the  commencement  of  an  Action. 

Widows  and  or  in  any  manner  restrained  or  deprived  of  her  liberty  for  or  on 
exemptfrom  acc'Oiint  of  anv  debt  or  demand  ajjainst  her. 


AKTICLE  II. 

BAIL  PENDENTK  LITK. 

Section'.  'Skotion. 

:5338.  ]ia\\  pendente  h'tf — affidavit.  .'{.".41.  l)e('eufl;int — how  dealt  with. 

3339.  Process-how  issued  and  executed,  i  3342.  Liability  of  bail. 

3340.  Slierift"H  duty  as  to  process.  3343.  No  delaj- — .service  of  process. 

Baii>/^»  §3338.  In  all  cases  where  an  action  is  pending,  and  no  bail 

denuhtt.  ^j^g^]]  ],j^yQ  been  reqnired  at  the  commencement  ot  said  action,  or 
having  been  required,  may  have  been  discharged,  and  the  plain- 
tiif,  his  agent  or  attorney  shall  require  bail,  such  plaintift*,  his 
agent  or  attorney,  shall  make  affidavit  as  prescribed  in  sec.  3320, 
whieli  affidavit  shall  l)e  filed  in  the  Clerk's  office  of  the  court  in 
wliich  such  action  is  pending,  and  a  copy  or  copies  thereof  affix- 
ed to  the  process  to  be  issued  l)y  the  Clerk  of  said  court  h\  Avhich 
such  suit  may  be  pending,  and  to  the  copy  or  copies  of  such  pro- 
cess, and  the  amount  sworn  to  shall  be  cndoi*sed  on  such  ])rocesf«, 
and  the  copy  or  copies  thereof. 
rro((s>-  §  3330.  AV^hen  an  affidavit  is  made  as  provided  in  the  preced- 
andcxicut-  jug  scctiou,  and  filed  in  the  Clerk's  office  of  the  court  in  which 
such  suit  is  pending,  the  Clerk  thereof  shall  immediately  issue  a 
process  in  the  case  with  as  many  copies  as  there  are  defendants, 
annexing  a  copy  of  such  affidavit  to  said  process  and  copy  pro- 
cess, which  process  shall  be  made  returnable  to  the  next  term  of 
said  court  after  the  issuing  of  the  same,  and'  shall  be  executed 
and  returned  into  court  by  the  Sheriff,  or  other  proper  officer, 
and  when  so  executed  and  returned,  shall  be  taken  and  consid- 
ered a  part  of  the  record  in  said  case. 
Sheriffs  §  3340.  When  the  said  process  and  copy  affidavit,  and  copy  pro- 

cess shall  issue  as  aforesaid,  they  shall  be  delivered  to  the  Sheriff,  or 
proper  officer,  whose  duty  it  shall  be  to  execute  the  same  at  any 
time  before  the  sitting  of  the  court  to  which  the  said  process  may 
be  returnable,  under  the  same  directions  and  provisions  as  point- 
ed out  in  section  3328. 
^_     §  3341.  Any  defendant  when  arrested  by  virtue  of  said  process 


dutj-. 


Dcfendant- 

ner  as  would  have  been  done  had  such  defendant  been  arrested 


how  dealt    g]jall  be  dealt  with  bv  the  officer  arresting  him  in  the  same  man- 


FT.  3.— TIT.  2.— CHAP.  5.— Actions. 

Article  2. — Bail  Pendente  Lite. 


mn 


at  the  commencement  of  said  action  on  bail  process,  and  may  be 
discliarged  in  the  same  manner  and  not  otherwise. 

§3342.  All  bail  taken  pendinfr  the  action  shall  be  held  and  Liability  of 
bomuL  and  liable  in  tlie  H.ame  manner  as  he  would  have  been  hadw;^^" 
he  become  bail  at  the  commencement  of  the  action,  and  the 
plaintiff  in  said  action  sliall  be  authorized  to  proceed  in  the  same 
manner  against  tlie  defendant  and  bail,  or  either  of  them,  as  pro- 
vided in  eases  of  bail  at  the  commencement  of  the  action. 

§3343.  A  defendant  so  held  to  bail  pending  an  action  shall  Baii  p«.n- 
not,  on  account  thereof,  be  entitled  to  anj-  delay  or  continuance,  work'smMic 
but  the  case  shall  proceed  to  trial  as  thougli  bail  had  been  re-'"^ 
quired  and  taken  at  the  commencement  of  the  case,  and  wdien 
there  are  more  defendants  than  one  in  sucli  suit,  some  of  whom 
reside  out  of  the  county  in  wliicli  sucli  suit  is  pending,  a  second 
original  procesi>,  and  copy  or  copies  may  issue,  returnable  to  the 

'-,  .  ,.  •'  Scrvii-?  of 

court  m  whicli  such  suit  or  action  is  pendmrr,  which  when  served  •''''"'''"^'*°'^* 
by  the  bheritt  or  other  proper  othcer  of  the  county  where  such  •'"""'^i^'s- 
defendant  or  defendants  reside,  the  said  defendant  or  defendants 
shall  be  subject  and  liable  to  tlie  same  provisions  as  they  would 
have  been  had  the  bail  process  issued  at  the  commencement  of 
the  action. 


ARTICLE   III. 


PROCKEDINGS  AGAINST  UAIL. 


Section. 

3348.  Against  wJiom  ic  uiu}-  is.siie. 

3349.  "When  it  maj'  be  returned. 

3350.  Judgment  on  ficire  facias. 


Section'. 

3344.  Nature  of  bail. 

3345.  Enforcement  of  bail's  liability. 

3346.  Surrender  of  principal. 

3347.  Sc/' re  facias — how  directed,  Ac. 

§  3314.  All  bail  taken  according  to  the  provisions  of  tliis  Code 

inii  iiiiii*"  .,  '  "P^^'"'^'  ''ail. 

shall  be  deemed,  held  and  taken  as  special  bail,  and  as  such  be 
liable  to  the  recovery  of  the  plaintiff. 

§  3345.  The  plaintiff',  after  final  judgment,  shall  not  take  out  ca  v„ 
execution  against  the  bail  until  a  capias  ad  miisfaoiendum  shall  cTi'S  and  n°: 
be  first  issued  thereon,  and  the  principal  cannot  be  found,  which""'"""''"**" 
process  shall  issue  without  any  additional  oath  by  the  plaintiff. 
After  its  return  with  an  entry  of  "  not  to  be  found,"  a  scire  facias  scirt/a^-iak 
may  issue  against  the  bail,  which  shall  be  served  on  the  bail  at  '^'"°*'  '"^• 
least  twenty  days  before  the  return  thereof.     If  the  bail  resides 


628  FT.  3.— TIT.  2.— CHAP.  5.— Actions. 


Article  3. — Proceedings  against  bail. 


out  of  tlie  connty  or  State,  scire  facias  may  be  served  by  publi' 
cation  as  prescribed  in  cases  of  scire  facias  to  make  parties. 
Boil  may  8  3346.  The  bail  may  surrender  his  principal  at  any  time  be- 

Burrender       „  r.       i     •      i  •      /»  -ii  •  i 

toe  principal  fore  final  judgment  on  «'^. /«.,  either  m  open  court  or  to  the 
Sheriff  of  the  county  in  which  such  principal  may  reside,  at  any 
time  in  vacation,  and  if  surrended  in  open  court,  it  shall  be  the 
duty  of  the  court  to  order  such  principal  into  the  custody  of  the 
Sheriff,  and  if  surrendered  in  vacation,  it  shall  be  the  duty  of 
the  Sheriff'  to  receive  sucli  principal   into  his  custody,-  and  in 
either  evbnt  to  commit  liim  to  jail  according  to  the  directions  of 
this  Code. 
Scire  facia*     §  3347.  All  writs  of  scive  fudas  shall  be  directed  to  all  and 
J^cWil'd    singular  the  Sheriffs  of  the  State  of  Georgia,  and  copies  thereof 
**'"^"^"        issued  by  the  Clerk  of  the  court  to  which  said  scire  facias  is  rQ- 
turnable,  and  may  be  served  by  the  Sheriff  of  the  county  in 
whicli  tlie  party  to  be  notified  may  reside,  and  the  original  re- 
turned to  the  oflice  of  the  Clerk. 
soirefacioM     §3348.  A  scire  facitts  oi\  ^ihwW  bund  may  issue  against  the 
M^.    ""    bail  alone,  or  against  the  principal  and  bail  jointly,  and  if  the 
Sheriff  return  non  est  inve7itu.-<  as  to  the  principal,  the  phiintiff 
may  enter  up  judgment  against  the  bail. 
When  re-         §3349.  For  the  purpose  of  fixing  l)ail  the  ca.  sa.  against  the 
principal  may  be  returned  as  soon  jis  the  Sheriff  or  other  oflicer 
has  made  due  search. 
Judgment        S  3350.  In  scire  facias  aiiiainst  bail,  if  no  plea  shall  be  filed. 

on  scire  fa-   ,     ~  -,  -,  ^^  •  ^  -i 

•MM.  judgment  may  be  rendered  upon  motion  at  tlie  return  term  with- 

out the  intervention  of  a  jury ;  but  if  such  bail  file  an  issuable 
plea,  he  shall  be  entitled  to  a  trial  by  a  jury. 


AliTICLE  IV. 

BAIL  IN  ACTIONS  FOR  PERSONALTY. 

Section.  jSectiok. 

3351.  Bail  in  trover.  '  3353  Bail  pending  the  suit.  kc. 

3352.  AtBdavit  and  proceedintrs. 

Biiii  in  tro-  §  3351.  Where  any  person  who  is  about  to  commence  an  action 
or  suit  at  law,  or  in  equity,  for  the  recovery  of  negroes  or  other 
personal  property,  shall  recpiire  bail,  such  person,  his  agent  or 
attorney,  shall  make  afiidavit  that  the  property  is  in  the  posses- 
sion, custody  or  control  of  the  defendant,  and  that  he  lias  reason 


vcr. 


FT.  3.— TIT.  2.— CHAP.  5.— Actions. 


Article  4. — Bail  in  action  for  Personalty. 


to  apprehend  that  the  said  negroes,  or  other  personal  property 
have  been  or  vrill  be  eloigned  or  removed  away,  or  will  not  be 
forthcoming  to  answer  the  judgment,  execution  or  decree  that 
shall  be  made  in  the  case ;  and  shall  also  state  in  his  affidavit  the 
value  of  the  same,  and  the  amount  of  hire  claimed,  if  any,  and 
add  that  he  does  verily  and  bona  fide  claim  said  negroes  or  other 
personal  property,  or  some  valuable  interest  therein, 

§  33r)2.  When  such  affidavit  is  made  as  prescribed  in  the  i)rc- Affidarit— 

how  filed, 

cedino;  section,  it  shall  be  filed  in  the  Clerk's  office  of  the  court  and  eubso- 

111      qucnt  pro- 

to  which  said  petition,  bill,  or  other  process  may  he  returnable,  wedings. 
and  a  copy  thereof  affixed  to  the  original  petition,  bill  or  process, 
and  to  the  copy  or  copies  thereof,  and  it  shall  be  the  duty  of  the 
Sheriff,  or  other  lawful  officer  serving  such  petition,  bill  or  other 
process,  to  take  a  recognizance  payable  to  the  plaintiff  or  com- 
plainant, with  good  security  in  double  the  amount  sworn  to,  for  the 
forthcoming  of  such  negroes  or  other  personal  property,  to  an- 
swer such  judgment,  execution  or  decree  as  may  be  rendered  or 
issued  in  the  case,  and  such  security  shall  be  bound  for  the  pay- 
ment of  the  eventual  condemnation  money,  and  liable  to  execu- 
tion in  tlie  same  manner  as  securities  upon  appeals. 

§  3353.  When  such  affidavit  shall  l)o  made  during  the  pcnden- Ban  ponding 
cy  of  such  suit  or  action,  a  copy  thereof,  and  of  the  process  or 
subpa'ua,  sliall  be  served  in  like  manner  by  the  Sheriff  or  other 
lawful  officer,  and  security  taken  as  required  in  the  preceding 
section,  and  upon  the  defendant  failing  to  give  sucli  security, 
whether  the  affidavit  be  made  at  the  commencement  of  the  suit 

Pi-oi>orty — 

or  pendmg  the  same,  the  property  shall  be  seized  and  taken  byhowrcpiey 
the  Sheriff,  or  other  lawful  officer,  and  delivered  over  to  the 
plaintiff  or  complainant,  his  agent  or  attorney,  upon  his  entering 
into  like  recognizance  with  security,  and  if  such  property  is  not 
to  be  found,  and  cannot  be  seized  and  taken  by  such  Sheriff  or 
•other  lawful  officer,  the  defendant  shall  be  committed  to  jail,  to 
be  kept  in  safe  and  close  custody  until  the  said  nei^roes  or  other 
personal  property  shall  be  produced,  or  until  he  shall  enter  into 
bond  with  good  security  for  the  eveiitual  condemnation  money  in 
the  nature  of  security  upon  appeals. 


«30  FT.  3.— TIT.  2.— Actions. 


Chapter  6. — Of  making  Parties  ]ientling  Action. 


CHAPTEK  YI. 

OF  MAKINd  PARTIKS  FKXDINri  ACTION. 

Section.  Skcxiok. 

3354.  Panics  inauc  on  motion.  33G3.   How  issued  and  served. 

3355.  When  defendant  dies.  ;!;!Gi.  Service  in  different  counties. 
:'.356.  When  executors,  &e.,  die.  aSCf).  When  non-resident  dies. 

3357.  How  made  in  claim  cases.  :y.>,p,(\,  WJien  female  marries. 

3358.  Appeal  when  party  dies.  ,  :jaG7.  When  both  parties  die. 

3359.  Appeal  revives  action.  .j-jGS.  On  death  of  usee. 
:!3G0.  When  garnishee  dies.  ■  3-69.  Successor  of  trustee. 

3361.  When  e.xecutor,  Ac.  is  removed.         x]10.  K.>:ecution  ;•.<.-.  female  defendant. 

3362.  Contents  of  scire  faa'afi. 

vnriun  §80.54.  Wlieii  u  plaintiff  or  coin]>lain!int  ill  any  cause  now  or 

miuio  on  mo- ,  .  tuti  !•'• 

tion.  liereaiter  pending,  shall  die,  the  executor  or  admmistrator  of  such 

plaintiif  or  complainant,  may  l)e  made  parties  on  motion  to  be 
made  in  writing,  of  whicli  the  defendants  or  their  counsel  shall 
liave  notice. 

Party  dcfen-     §  8355.  Ill  case  tlic  defendant  shall  die  pendinij  a  suit  at  law  or 

dant— how     .  .  ,  ,    .  ^  .    •        ,       . 

and  wh.  n  111  equity,  the  plaintiff  may  sue  out  a  f<cire  /iU'iaif  immediately 
after  tlie  expiration  of  twelve  months  from  the  prohate  of  the  will 
or  granting  of  letters  of  adiniuistration,  requiring  such  executor 
or  administrator  to  appear  and  answer  to  the  said  cause. 

BuccosBor  of      §  3356.  Upon  the  death  of  anv  executor,  administrator  or  i^uar- 

executor,         , .  .  '     ,  .     ,  \       , 

&c.maybe  Qiau,  or  upou  the  revocation  ol  his  letters  testamentary,  of  ad- 
made  portv.       ...  T        1  '  1  1  !• 

ministration,  or  guardianship  as  the  case  may  be,  pending  siiit& 
at  law  or  in  equity  by  or  against  sucli  executor,  administrator  or 
guardian  as  such,  and  such  death  or  removal  being  suggested  of 
record,  a  scire  faoias  may  issue  to  make  the  successors  of  such 
deceased  or  removed  person  a  party  at  any  time  after  his  appoint- 
ment and  qualification,  instead  of  the  deceased  or  removed  exec- 
utor, administrator  or  guardian. 
Parties—         §  3357.  lu  all  cases  where  a  claim  shall  be  interposed  toprop- 
dairn^M^^"  6rty  levied  upon  by  virtue  of  a  Jit'/u  facias  or  attachment  from 
any  of  the  courts  of  this  State,  in  favor  of  one  or  more   persons, 
and  pending  such  claim  one  of  the  plaintiffs  shall  die,    the   case 
shall  proceed  in  the  name  of  the  survivor,  and  on  the  death  of  the 
last  or  onh'^  plaintiff,  the  executor  or  administrator  of  such  deceased 
may,  on  motion,  be  made  a  party  instanter,  and  said   case   shaU 
proceed  without  further  delay. 
iSf^party      §3358.  When  either  the  plaintiff  or   defendant   shall    depart 
fscn^red! '^ f bis  life  pending  a  trial,  or  after  a  cause  has  been    tried,  and  be- 


PT.  3.— TIT.  2.— Actions.  631 

Chapter  6. — Of  Making  Parties  pending  Action. 

fore  the  expiration  of  the  time  within  which  such  party,  if  living, 
might  enter  an  appeal,  and  no  appeal  shall  liave  been  entered,  ;^^^noap- 
the  legal  representatives  of  such  party  dying  may  enter  an  ap-J^^J"'**^"**'" 
peal  within  thirty  days  from  the  time  such  executor  or  admin- 
istrator shall  have  been  qualified.  ^Vnd  if  such  appeal  is  not  en- 
tered within  the  time  lierein  prescrilted,  judgment  may  be  enter- 
ed and  execution  issued  as  though  the  deceased  party  was  in  life, 
without  making  the  representative  a  party. 

§  3359.  AAlien  an  appeal  shall  l)e  entered  as  provided  in  the  Appeal  ro- 
preceding  section,  it  shall  not  be  necessary  to  revive  such  suit  by  suit.' 
scire  facias,  but  it  shall  be  revived  by  the  party  appealing  giv- 
ing notice  to  the  adverse  party  within  thirty  days  from  the  time 
of  entering  such  appeal,  and  when  a  defendant  shall  appeal,  said 
cause  shall  stand  for  trial  on  the  appeal  docket  at  the  first  term 
of  the  court  after  the  expiration  of  twelve  months  from  the  (piali- 
fication  of  such  executor  or  administrator. 

§3300.  When  any  person  after  being  sunnnoned   as  garnishee  Ropiesentji- 
shall  die,  either  before  or  after  answer,  the  executor  or   adminis-  .uln^s^i^' 
trator  of  such  per^^on  shall  be  made  a  party  hy  .sel7\>  facias  in  the  pni-tii^s.*^ 
usual  way. 

§  3361.  In  case  of  the  death  or  removal  from  otfice  of  any  such  Administm- 
executor  or  administrator  pendinii;  such  i)roceedini;  as  prescribed  «w,  may  be 
m  the  precedmg  sections,  any  administrator  ae  bcmis   non  may 
be  made  a  party  in  like  manner. 

§  3362.  All  writs  of  Hcire  facia-K  for  the  purpose  of  making  conunts  of 
parties  to  any  suit  at  law  or  in  equity  pending  in  the  Superior  "'"'''•^""**^ 
Courts  or  Inferior  C/Ourts  of  this  State,  shall  be  issued  by  the 
Clerk  of  said  court,  in  which  it  shall  be  suflicient  for  such  Clerk 
to  state  the  names  of  the  parties,  the  term  of  the  court  to  which 
said  cause  was  made  returnable,  and  the  name  of  the  suit  or  ac- 
tion, requiring  the  party  to  show  cause  why  he  should  not  be 
made  a  party  to  said  cause,  without  setting  forth  the  substance  of 
the  bill,  or  declaration,  or  the  proceedings  thereon. 

§  3363.  All  writs  ot'-s'-i/\\fafi((s  to  make  parties  shall  be  issued,  scir<'/aeia.<~- 
directed,  and  served,  and  returned  as  provided  in  sections  3247  ^  .wi  Iforv- 
and  3252.  "'• 

§3364.  In  cases  where  there  are  several    parties  to    be  ser\-ed  ^^(nVt'p^'* 
with  .fci/'e  facias,  and  any  one  or  more  of  them  reside  out  of  the  "nt'clmnties. 
State  or  county  in  which  the  suit  is  pending,  a  service  upon  those 
residing  in  the  county  where  the  suit  is,   and  a  return   that  the 
others  are  not  to  })e  found,  shall    be   suflicient   to  authorize    the 


PT.  3.— TIT.  2.— Actions. 


Chapter  6. — Of  Making  Parties  pending  Action. 


making  of  the  representatives  of  the  deceased  plaintiff  or  defen- 
dant parties,  so  as  to  authorize  the  original  suit,  in  the  name   of 
the  parties  so  made,  to  proceed  to  trial  and  judgment,  as  though 
all  such  parties  had  been  served  with  scire  fa<iias. 
Bepresenu-      S  3365.  In  all  cascs  where  a  defendant  duly  served  with  process, 
resident  do-  or  subpa3na  lu  anv  case  at  law  or  equity,  shall  reside  out  of  this 
how  made    State,  or  shall  remove  therefrom  during  the   pendency   of  said 

parties.  .  . 

cause,  and  the  plaintiff  or  complainant  shall  die,  his  legal  repre- 
sentatives shall  be  made  parties  on  motion  and  without  notice. 
Husband  of      8  3366.  W\\Qn  9i  feme  sole,  beincc  plaintiff  or  defendant,  shall 

female  party        ^  "^        .  '.  . 

may  bo  join- marry  pendinji;;  any  suit  at  law,  or  in  equity,  the  same  shall  not 

edonthoro-  -^^  ,  •  \  \  i     • 

eord.  abate  by  reason  of  such  intermarriage,  but  the  same   being  sug- 

gested of  record,  such  cause  shall  proceed  in  the  name  ofthchuB- 
band  and  wife,  either  as  plaintiffs  or  defendants  as  the  case  may 
be. 

Parties-         §  3367.  Whcu  botli  plaintiff  and  defendant  die,  before  a  sci/re 

when  both  facias  issucs  to  make  parties,  the  action  does  not  abate,  but  scire 
faeias  may  issue  on  the  motion  of  the  representative  of  either 
party  against  the  representative  of  the  other,  and  the  cause 
proceed. 

Reprcscnta-      §  3368.  Oil  tlic  dcatli  of  tlic  usee  his  representatives  must   be 

may  be       made  partics  as  hereinbefore  provided,  before  the  cause  can  pro- 
made  par-  .  ,    , 

tics.  ceed,  even  in  a  claim  case. 

Successors        §  3369.  Oil  the  death  of  a  trustee  or  receiver  pending  a  suit  to 

may  bV"    wliicli  he  may  be  a  party  as  such,  the  same  does   not  abate,   but 


Mes."^'^'      his  successor  may  be  made  a  party  thereto  by  .selre  facios   and 

said  cause  proceed  to  judgment. 
Execution        §3370.  On  the  death  or  marriage  of  a  female  defendant  after 
maiedcfcn-  final   iudguient,  when  no  execution  has  been  issued   previous 

^ants.  111.  .  .  Ill 

to  such  death  or  marriage,  execution   may  issue  as   tliougli   such 
marriage  or  death  had  not  taken  place. 


CHAPTER  VII.  ^    , 

ABATEMP:NT,  retraxit,  DISillSSAL  AND  RENEWAL  OF  ACTIONS. 

Skction.  I  Section. 

3371.  Suits  not  abated  i.ij  death.  '   3376.  Suits  against  ShoriH' sun-ivo. 

3372.  Nor  removal  of  executor.  '  3377.  Death  may  be  suggested. 

3373.  Nor  death  of  one  administrator.  '   337S.  Retraxit  defined. 

3374.  Nor  of  co-defendant.  3379.  Diflers  from  dismissal,  &c, 

3375.  Nor  when  some  are  not  Uable.  3380.  Suits  may  be  dismisaed. 


PT.  3.— TIT.  2.— Actions.  633 

Chapter  7. — Of  Abatement,  Retraxit,  kc. 

§3371.  No  suit  shall  abate  by  the  death  of  either  party,  where  ^''"^t'^- 
such  cause  of  action  will  in  any  case  survive  to  or  against  the  legal  ''^■**'- 
representativ^es  of  the  deceased  party,  either  in  the  t^ame  or  any 
other  form  of  action. 

§  3372.  When  letters  testamentary  may  be  revoked,  and  an  in-  *1'^'^^'^^'^^^ 
testacy  for  any  cause  declared,  no  suit  by  or  against  the  removed  ^^"*^^Rte 
executor,  shall  abate,  and  the  newly  appointed  administrator  can 
\)e  made  a  party  plaintift'or  defendant  in  his  stead. 

<^  3373.  An  action  against  two  joint  administrators  or  executors  ivath  of  otw 

"^  ,       ■  .  .  of  several 

does  not  abate  bv  the  death  ot  one,  but  iiroceeds  a<:;amst  the  sur-  iidminiBtra- 

tors  docs  not 
vivor.  Hbiito  suit. 

§  3374.  On  the  death  of  a  co-defendant  in  an  action  of  eject-  Death  of  co- 

-  ,  .  ,  ^  jy       ^  '    '         dcfend-iBt. 

ment,  made  such  atter  the  connnencement  thereoi,  the  action 
may  proceed  against  the  surviving  defendant  M'ithout  making  the 
representative  of  the  deceased  co-defendant  a  party. 

§  3375.  An  action  ajrainst  several  persons  does  not  abate  where  one  of  sev- 

''  i^  ^  crnldefon- 

it  appears  that  some  of  the  defendants  are  not  liable,  but  may  dant8notbe- 
proceed  against  those  who  are  liable. 

§3370.  An  action  against  a  Sherift'  for  an  escape  out  of  pro- suits  against 
cess  shall  not  abate  on  the  death  of  such  Sheriff,  but  shall  sur-viveWs 

,   .  .    .  Ill  •  death. 

Yive  against  his  securities  and  legal  representatives. 

§3377.  In  all  cases  which  have  been,  or  mav  be  commenced  i^/''"^"^?"* 

<J  '  •'  of  RovorftI 

in  any  of  the  courts  of  this  State,  at  law  or  in  ecpiity,  against '''*'''''<?^"'*- 
two  or  more  defendants,  one  or  more  of  whom  have  died,  or  may 
die  pending  said  case  or  cases,  it  shall  and  may  be  lawful  for  the 
plaintiff  or  complainants  to  suggest  said  death  of  record,  and  to 
proceed  in  the  trial  of  said  case,  or  cases,  against  the  surviving 
defendant,  to  the  extent  of  their  respective  liabilities. 

§  3378.  A  retraxit  is  the  open,  public,  and  voluntary  renuncia-^^f™^*'- 
tion  by  the  plaintiff,  in  open  court,  of  his  suit  or  cause  of  action ; 
and  if  this  is  done  by  the  plaintiff,  and  a  judgment  entered  up 
thereon  by  the  defendant,  the  plaintiff's  right  of  action  is  forever 
gone. 

§  3379.  A  retraxit  differs  from   a  non-suit,  dismission,  or  dis-  wacrs  from 
continuance  in  this:  a  retraxit  is  positive  and  conclusive  of  the 
plaintiff's  right  of  action,  while  a  non-suit,  dismission,  or  discon- 
tinuance, is  negative,  and  the  plaintiff  may  re-commence  his  suit 
on  the  payment  of  costs. 

§3380.  The  plaintiff,  in  any  action,  in  anv  court,  may  dismiss -'^ctionani.iy 
his  action  either  in  vacation  or  term  time,  and  if  done  in  term «' '^".>' "•"''• 
time  the  Clerk  or  Justice  shall  enter  such  dismissal  on  the  docket. 


^ 


634:  PT.  3.— TIT.  3.— CHAP.  1.— D 


EFENCES. 


Article  1 . — General  Provisions. 


TITLE  III. 

OF  DKFKXCKS  AND  PROCFKDIXGS  PENDING  ACTION. 


CiiAi'TER  1.  Of  defences,  pleas,  cVrc. 

CuAPTEK  2.  Of  amendments. 

Chapter  3.  ( )f  tlie  production  of  papers. 

CnAi'TEii  4.  Of  continnaiices. 

CiiAi'TEii  it.  Of  li-arnishments. 


CHAPTER  I. 

DKFfiNCK-S.  PLKAS,  &.c. 

Aktu'I.e  1.  General  provisions, 
Aktule  2.  Partienlar  pleas. 


DefenJiiut'H 
answer  to  bi 
filed  at  first 


ARTICLE  L 

GENERAL    FKOVIS10N8. 

Section-.  .Sectio.v. 
:\?>Sl.  Answer  at  first  ton H.  3385.  Dilatory  pleaa  must  be  .sworn  tK. 

:',:{82.  No  part  to  be  stricken  out.  '  338G.  Judgment  by  defanlt. 

3383.  Bonds,  &c.,  denied  only  on  oath.  1   3387.  General  issue — special  pleas. 

3384.  Petition  and  answer  make  issues.  |   3.388.  Patent  defects. 

§  3381.  In  all  cases  at  law  where  the  defendant  has  been  serv- 
fifldatfiwr^cl  with  petition  and  process,  as  provided  by  this  Code,  he  shall 
^'^^°^-  appear  at  the  conrt  to  which  such  process  is  made  returnable,  and 

on  or  before  the  last  day  of  said  court,  shall  make  his  defence  in 
Avriting,  which  shall  plainly,  fully,  and  distinctly  set  forth  his  de- 
fence, and  be  signed  by  the  defendant  or  his  attorney,  which  said 
answer  shall  contain  as  many  several  matters  as  such  defendant 
may  think  necessary  for  his  defence. 
No  part  of  §  3382.  No  part  of  an  answer  shall  be  stricken  out  or  rejected 
BtriTken^nt!  ou  accout  of  being  contradictory  to  another  part  of  the  same,  but 
the  court  shall  sutler  the  whole  answer  to  remain,  if  the  defen- 
dant should  desire  it,  and  avail  himself  of  any  advantage  he  can 
or  may  have  under  either  or  the  whole  of  said  answer,  and  pro- 
ceed to  trial  accordingly. 

§  3383.  No  person  shall,  in  his  plea  or  answer,  be  permitted  to 
deny  any  deed,  bill,  single  or  penal  bond,  note,  draft,  receipt,  or- 


;^ 


FT.  3.— TIT.  3.— CHAP.  1.— Defences.      ,  63tift 

Article  1. — General  Provisions. 

der,  or  other  instrument  in  writino;  which  is  the  foundation  ot  instrnment 
the  action,  unless  he  shall  make  affidavit  of  the  truth  of  such  nied  only  <>■ 

'  ^  oath. 

plea  or  answer  at  the  time  of  filing  the  same. 

§  3384.  The  petition  and  answer  shall  he  sufficient  to  carry  the  Pctitiou  una 
cause  to  the  jury  without  any  replication  or  other  course  of  pro-  mnko  the 
ceeding. 

§  3385.  No  dilatory  answer  shall  he  received  or  admitted,  mi-  Diiatory 
less  an  affidavit  he  made  to  the  truth  thereof,  and  must  be  filed 
at  the  first  term. 

§3386.  When   any  defendant  shall  fail  to  appear  and  answer B.fauit and 

1  ,.     ,  .   .  1  1  1     11  proceedings 

at  the  return  term  ot  the  petition  and  process,  the  court  shall  en-  uieroon. 
ter  default  upon  the  docket,  which  shall  he  considered  a  judg- 
ment by  default,  without  a  formal  entry  thereof,  and  the  plain- 
tiff's claim,  allegation,  or  demand,  shall  be  tried,  in  all  cases  of 
default,  by  a  jury,  but  no  such  trial  shall,  in  any  case,  be  had  at 
the  first  term,  except  specially  provided  for  by  law. 

§3387.  The  general  issue  is  a  denial  of  the  allegations  in  the  oonemi  is- 
plaintiff's  declaration,  and  shall  be  considered  as  filed,  in  all  ca- 
ses which  are  answered  to  at  the  first  term,  and  no  other  evidence 
is  admissible  under  such  plea,  except  such  as  disproves  the  plain- 
tiff's cause  of  action ;  all  other  matters,  in  satisfaction  or  avoid-  special  picas 
ance,  must  be  specially  pleaded. 

§  3388.  All  defects  which  appear  on  the  face  of  the  pleadings,  pa^nt  de- 
may  be  taken  advantage  of  by  motion. 


636  PT.  3.— TIT.  3.— CHAP.  1.— ART.  2.— Defences. 

Section  1. — To  the  Jurisdiction. 

ARTICLE  II. 

PARTICULAR  PLEAS. 

Section  1.  To  the  jurisdiction. 

Section  2.  Of  set-off. 

Section  3.  Of  usury. 

Section  4.  Of  failure  of  consideration. 

Section  5.  Of  non  est  factum. 

Section  6.  Of  other  pleas. 


SECTION  I. 

to  thk  jurisdiction. 


Section. 
i!389.  Juri.sdiction  not  given  by  consent. 

3390.  When  admitted. 

3391.  Pleas  to  the  jurisdiction. 


Section. 

3392.  Contents  of  the  plea. 

3393.  Must  be  sworn  to. 


juriedietion      §  3389.  Parties,  by  consent,  express  or  implied,  cannot  give 

consent"  ^jurisdiction  to  the  court  as  to  the  person  or  subject  matter  of  the 
suit ;  it  may,  however,  be  waived,  so  far  as  the  rights  of  the  par- 
ties are  concerned,  but  not  so  as  to  prejudice  third  person. 

Jurisdiction      §  3390.  If  a  defendant  appear  and  plead  to  tlie  merits,  without 

i^Tt<i°'"  pleading  to  the  jurisdiction,  and  without  excepting  thereto,  he 
thereby  admits  thie  jurisdiction  of  the  court. 

pioaetothe  §3391.  Plcas  to  tlic  jurisdiction  must  be  pleaded  in  person, 
and  must,  when  relied  on,  be  pleaded  specially,  unless  a  want  of 
jurisdiction  appears  on  the  face  of  the  proceedings,  in  which  case 
it  may  be  taken  advantage  of  on  motion. 

Contents  of  §3392.  In  all  pleas  to  the  jurisdiction  of  the  court,  it  must 
^^  appear  that  there  is  another  court  in  this  State  which  has  juris- 
diction of  the  case. 

Must  be  §3393.  A  plea  to  the  jurisdiction,  being  a  dilatory  plea,  most 

*^'**''-     be  sworn  to. 


fA 


PT.  3.— TIT.  3.— CHAP.  1.— ART.  2.— Defencbs.  637 

Section  2.— Of  Set-off. 


SECTION  II. 


OF  SET-OFF. 


Section.  iSectiox. 
3394.  Ploas  of  set-ofl'.  3397.  Set-oft'  of  improvements. 

3396.  Set8-off  against  estates.  3398.  Judgment  for  excess  of  set-off. 

.^•Sge.  Judgments  may  be  set-off.  I  3399.  Limitations  of  set-off. 

§  3394.  Debts,  as  a  general  rule,  must  be  mutual  between  the  set-oa. 
same  parties  at  the  commencement  of  the  action  to  be  set  off 
against  each  other;  every  plea  of  set-off  must  set  out  the  demand 
as  plainly  as  if  sued  on. 

S  3395.  When  a  defendant  pleads  a  set-off  of  a  larger  amountPi'^of  eot- 

11  r-     1  •  1  1     •       'z^-  off  against 

than  the  demand  of  t^ie  testator  or  mtestatc,  the  plaintin  may  «statos. 
reply  by  showing  that  the  estate  is  insolvent,  and  that  there  are 
outstanding  debts,  of  higher  dignity  than  the  defendant's  set-off, 
sufficient  to  exhaust  the  assets,  for  the  purpose  of  protecting  the 
executor  or  administrator  from  an  absolute  judgment. 

§  339f).  One  judgment  may  be  set  off  against  another,  on  mo- ju<iginent» 
tion,  whether  in  tlie  hands  of  an  original  party  or  an  assignee,     oa:^ 

§  3397.  A  trespasser  cannot  set  off  improvements  in  an  action  when  im- 
brouirht  for  mesne  profits,  except  when  the  value  of  the  premises  may  be  set 

11-  111  •  •  1   •    1      1  offinejcot- 

has  been  increased  by  the  repairs  or  improvements  which  have  mom. 
been  made.     In  that  case,  the  jury  may  take  into  consideration 
the  improvement  or  repairs,  and  diminish   the  profits  by  that 
amount,  but  not  below  the  sum  which  the  premises  would  have 
been  worth  without  such  improvements  or  repairs. 

§3398.  In  all  cases  of  mutual  debts  and  sets-off,  where  the  judgment 
jury  shall  find  a  balance  for  the  defendant,  such  defendant  may  setofn***** 
enter  up  judgment  for  the  amount,  and  take  out  execution  in 
such  manner  as  plaintifts  may  do  by  this  Code ;  provided  such 
defendant  shall,  at  the  time  of  filing  his  answer,  file  therewith  a 
true  copy  or  copies  of  the  subject  matter  of  such  sets-off;  and 
where  the  plaintiff  shall  be  indebted  to  the  defendant  on  open 
accx)unt  for  dealings  between  themselves,  and  where  the  defen-  .^j^^^  ^^^^^_ 
dant  shall  hold  and  possess  in  his  own  right,  by  assignment,  "j^!" ""  ****" 
endorsement,  or  otherwise,  according  to  law,  any  bond,  note, 
bill,  or  other  writing  for  money,  or  other  thing,  of  the  plaintiff's, 
such  defendant  may  offer  the  same  as  set-ofi*,  and  on  due  proof 
shall  be  allowed  the  same. 

§  3399.  The  statute  of  limitations  applies  to  the  subject  mat-  Limitations 
ter  of  sets-off  as  well  as  the  plaintiff's  demand. 


M'. 


638  FT.  3.— TIT.  3.— CHAP.  1.— ART.  2.— Defences. 


Section  3. — Usury. 


SECTION  III. 

USURY. 

SjjcuOiV.  I  Section-. 

:!400.  Pleas  of  usury.  |  ;!401.  Plxaminatiou  of  particH. 

I'lcii  of  HSU-     ^^  3400.  The  plea  of  usury  must  set  forth  the  sum  upon  which 
^^'  it  was  paid,  or  to  be  paid ;  the  time  wlien  the  contract  was  made ; 

when  payable ;  and  the  amount  of  usury  agreed  upon,  taken  or 
reserved. 
Parties  may  §  3401.  Wlicu  tlic  plea  of  usury  is  filed  the  defendant  may 
e.xamine  the  plaintiii  as  a  witness  on  the  same  terms  and  in  the 
same  manner  as  is  prescribed  for  the  examination  of  parties  as 
witnesses  in  other  cases ;  and  if  the  plaintiff  declines  to  answer, 
the  defendant  himself  may  be  examined  as  a  witness. 


SECTION  IV. 

FAILURK  OF  COXSIDKR.VTION. 
Skctiox  .".402.  Plea  of  failure  of  c-onsidcratioii. 

iMoa  of  mil-  §3402.  Whenever  an  action  ,<]iull  be  commenced  at  common 
fcUorluou.  la,w,  founded  upon  an}-  contract,  the  defendant  in  such  action 
may  plead  and  give  in  evidence  to  the  jury,  upon  the  trial  there- 
of, that  the  consideration  upon  which  said  contract  was  founded 
has  totally  or  partially  failed  ;  such  plea  shall  only  be  pleaded 
in  cases  between  the  original  parties  to  the  contract,  or  their 
privies  or  tissignees,  whose  title  has  been  acquired  with  notice, 
actual  or  constructive,  or  by  operation  of  law. 


SECTION  V. 

XOX  EST  FA  CTUM. 
Section  340.'!.  Plea  of  non  est  faduwi. 
\  3403.  The  plea  of  non  est  factum  is  a  denial  of  the  execu- 

Flca  «r  noil         •^  -i  ' 

e^tfa^miu  tiou  of  the  instrument  sued  upon,  and  applies  to  notes  and  other 
instruments  as  well  as  deeds,  and  applies  only  when  the  execu- 
tion of  the  instrument  is  alleged  to  be  the  act  of  the  party  filing 
the  plea,  or  adopted  by  him. 


Pica  «f  «cwi 


I 


FT.  3.— TIT.  3.— CHAP    I —APT  -      n 
[ ZZtll  -i^ik^i.  — — ^Defences.  639 

Sectibn  6.— Of  Other  Pleas.       ^ 


SECTIOIS^  VI. 

OF  OTnp:R  PLKA:<. 
Section-.        ,  ic!,,,,.^, 

OECTIO.V. 

3401.  rieas  peculiar  to  e.xocutors.  .tc.  3407  Of  fnm,. „ 

:>i05.  Other  pleas  by  then>.  -'2  pLI                       ■■  "'■ 

•ior    PI        I      ,.-,  -"iOS.  Plea  of  coverture. 

■•406.  Plea  of  md  Uel  record.  \  3409.  Defences  by  Sheriff. 

§  ;5404.  A\nien  an  executor  or  administrator  is  sued  as  such  j,e  v^ 
nay  pl^d  ne  ungues  executor,  or  that  no  assets  have  conie  fnto  "^  ^''^-- 

^atisfy  debt,  of  a  higher  nature  against  the  deceased  lield  l)v      " 
hn-d  persons,  or  y...  a.h.;.utrav;t,  that  he  has  fully  adminis- 
ered  tl,e  assets  that  came  into  his  hands,  or  pendin..  ^he  "Z 

his  leters  testamentary  or  of  administration  have  l>:et.    ev^d 

and  the  admntistration  committed  to  another,  to  M-hon      ]    t'e 

assets  which  came  into  his  hands  have  been  delivered 

tilttintedTtr'rr;'''"""?"'"'  "^""  ^^^^  --« <>^'  ^^— >.e. 

tion  oiigmated  m  tlie  lite  time  of  the  testator  or  intestate  ma v'^- ""'"'''" 
plead   any  p  ea  which  such  testator  or  intestate  n.ight  p  Ldi^ 
hvmg,  and  he  may  also  plead  in  al>atement  in  aff  sn     "Is 
where  siu^h  plea  is  a])plicable.  ^ 

§3iOG    The  plea  of  nid  iid  ,rcor<l  can  only  be  pleaded  f..  . 
record  which  is  the  gist  or  ibnndation  of  the  ^tl  n'^^l^^^^"^^:^^ 
a  record  winch  is  stated  as  an  inducement  onlv 

§340..  A  former  recovery,  or  the  pendency  of  a  Ibrmer  snit,>, 
tor  the  same  caiise  of  action,  between   the  same  ^.^^  '^^- 
same  or  any  other  pom-f-  fhuf  i.«     •     .   ,.    .  ir '^J  i-ii^s,  ni  tiie  ry  an.i  pcn- 

rtii)  uuiei  couit  tnat  lias  lurisdictioTi   qItoII   1^^  ,  ,<ioti<yof 

ca.se  of  abatement:  but  if  the  .li  acti^^:;'  1  S;^^--'- 
no  recovery  can  be  possibly  had,  the  i.endencv  of  .  tbr  • 

will  not  abate  the  action.  ^  ''        ^  ^''''"^'   """^^ 

§  3408.  When  a  feme  sole  is  sued  on  a  contr-ict  m.rlo  1     1 
while  .v>.vv.,  and  she  pleads  her  eorertur^lT^^       '  ^'7!:';:^,^- 
ficient  reply  that  she  promised  to  nav  or         •    '  '''  '"^- 

§3409.  A  Sheriff  or  other  officer  cannot  defend  hbmplfo     •    . 
an  action  for  escape  by  showing  that  the  ^:^'^:^ 
the  arrest  was  made  was  irregular.  thou..h   he  iJlZ 
process  is  void.  "^  "^-^   ^^''®"   ^^'^ 


Defence  by 
Hheriff. 


640  FT.  a.— TIT.  3.— CHAP.  2.— Defences. 


Article  1. — General  Principles. 


CHAPTER  II. 

OF  AMJiNDMENTS. 


Amt-nd- 


Akticlk  1.  General  principles. 
Article  2.  Particular  cases. 


ARTICLE  I. 

(4ENERAL  PRINCIPLES. 

Sectiox.  Section-. 

:$410.  Amendment  of  pleadings.  '  341G.  Names  of  plaintiffs. 

.''.411.  New  parties,  &c.,  not  allowable.  I  .'5417.  Representative  character. 

3412.  Impositiou  of  term-.  I  3418.  Omi.ssion  of  jurisdiction. 

3413.  Misnomers.  1  3419.  Scire /cicia.s  amendikble. 

3414.  Names  of  partners.  '■  3420.  Amendments  of  process. 

3415.  Names  of  defendants.  ' 

§  34:10.  All  parties,  wlietlier  plaintiffs  or  defendants  in  the  Su- 

^e^net     perior,  Inferior,  or  other   courts,  (except  the  Supreme  Court) 

when  ^'"''^-^viiether  at  law  or  in  equity,  may,  at  any  stage  of  the  cause,  as 

matter  of  right,  amend  their  pleadings  in  all  respects,  whetlier 

in  matter  of  form  or  of  substance,  provided  there  is  enough  iu 

the  pleadings  to  amend  by. 

wew  ciiuec       §  3-ill.  jSTo  amendment  adding  a  new  and  distinct  cause  of 

an.TparUos  actiou,  or  ucw  and  distinct  parties,  shall  be  allowed  unless  ex- 

not  allowa-  ,  •  i     j   x»       l        1 

tio.  pressly  provided  lor  by  law. 

§  3412.  In  case  the  party  ai^plving  for  leave  to  amend  the 

Amending  "  ,''.  i"     ii    i  -i  /•  t 

party  may    pleadiniTS  or  other  proceedmij;s  shall  liave  been  o;mity  oi  negli- 

be  put  upon  i^  ^  ^  *--  .  i  '     i 

t.rms.  gence  in  respect  to  the  matter  of  amendment,  the  court  may 
compel  him  to  pay  his  adversary  the  cost  of  the  proceedings  for 
which  he  moves,  and  may  force  reasonable  and  equitable  terms 
upon  him  at  discretion,  not  touching  the  real  merits  of  the  cause 
in  controversy. 

§  3413.  All  misnomers,  whether  in  the  christian  or  sur-name, 
made  in  writs,  petitions,  bills,  or  other  judicial  proceeding  on  the 
civil  side  of  the  court,  shall,  on  motion,  be  amended  and  cor- 
rected instanter,  without  working  unnecessary  delay  to  the  party 
making  tlie  same. 

§  3414.  In  all  suits  by  or  against  partners,  or  where  any  two 
ma'"br  ^^^  more  persons  sue  or  are  sued  in  the  same  action,  and  the  name 
^nfer^      of  any  person  wlio  ought  to  be  joined  in  such  action  as  plaintiff 


Misuomors 
amendable 


Namee  ot 


PT.  3.— TIT.  3.— CHAP.  2.— Defences.  641 

Article  1. — General  Principles. 

or  defendant  is  omitted,   the  omissions   shall,  on  motion,  be 
amended  by  adding  the  proper  party  instanter. 

^  3415.  "When  two  or  more  persons  sue  or  are  sued  in  the  same  Names  of 
action,  either  on  a  contract  or  for  a  tort,  tae  plauititi  may  amend  def.-ndants 
his  declaration  by  striking  out  one  or  more  of  such  defendants  stricken. 
and  proceed  against  the  remaining  defendant  or  defendants,  if 
there  is  no  other  legal  diffienUy  in  the  case. 

§  3410.  When  several  plaintiffs  sue  jointly  the  declaration  may  Name  of  on# 

T      1     1  "1  •  1  !:•'  /•  1    *""  more 

be  amended  by  strikmg  out  tJic  name  oi  one  or  more  ot  such  i-iaimiffs 

*^  ni.iy  h^ 

plaintiffs.     And  when   it  becomes  necessary  for  the  purpose  of  stnckon 
enforcing  the  rights  uf  such  plaintlH',  he  may  amend  by  sub- 
stituting the  name  of  another  person  in  his  stead,  sueing  for  his 
use. 

§  3417.  In  an  action  by  or  against  an  executor,  administrator  Kopn-senta- 

•  'iTi«  1  Til  •!      the  charac- 

or  other  representative,  the  declaration  may  be  amended  by  strik-  teroii.arties 
ing  out  the  representative  character  of  such  plaintiff  or  defend-  chimsed. 
ant.     And  in  an  action  by  or  against  an  individual  the  pleadings 
may  be  amended  by  inserting  his  representative  character. 

§  3418.  The  omission  to  give  the  court  jurisdiction  in  the  plead-  omiRsion  of 

,    ,  ,  jurisdiction 

ingS  IS  amendable.  amendable. 

§  3419.  Scire  facias  is  amendable  as  other  pleadings.  scire/ndas 

n      ir^r.      -^T    •  1  1  1  .  .  amendable. 

§3420.  Void  processor  where  there  is  no  process  or  waiver  Amendment 
thereof,  cannot  be  amended,  but  if  service  be  acknowledged  by  °  '"''"-'*'' 
the  defendant,  and  upon  hearing  testimony  the  court  becomes 
satisfied  that  process  w^as  waived  by  the  defendant,  and  that  at 
the  time  such  service  was  acknowledged  by  accident  or  mistake 
the  entry  of  such  waiver  was  omitted,  such  omission  may  be  sup- 
plied by  amendment  tmnc  jyro  tunc. 


41 


M2  FT.  3.— TIT.  3.— CHAP.  2.— ART.  2.— Defences. 


Section  1. — Of  Amending  Terdicts,  Judgments,  &c. 


AETICLE  II. 

PARTICULAR  CASES. 

Section  1.  Of  amending  verdicts,  judgments  and  executions. 
Sectiox  2.  Of  amandins:  official  returns. 


Section  3.  Of  amending  records. 
Section  -i.  Of  other  amendments. 


SECTION  I. 

OF  AMENDING  VERDICTS,  JUDGMENTS  AND  EXECUTIONS. 

Section.  j  Section* 

3421.  Amendments  of  verdicts.  j  3424.  Amendments  of  judgment. 

3422.  After  dispersion  of  jury.  j  3425.  Of  executions. 

3423.  Where  part  is  legal  and  part  not. ; 

Ameudmont     §3421.  A  vcrdict  may  be  amended  so  as  to  make  it  conform 
oi  vtrdicts.  ^Q  ^j^^  declaration,  if  the  error  plainly  appears  upon  the  face  of 

the  record. 
After disnor-     §  ^'i^--  -^  vcrdict  may  be  amended  in  mere  matter  of  form, 
6ion  of  .jury,  j^^-^jjj.  the  jury  have  dispersed  ;  but  after  it  has  been  received  and 
recorded,  and  the  jury  dispersed,  it  cannot  be  amended  in  matter 
of  substance,  either  by  what  the  jurors  say  they  intended  to  find, 
or  otherwise. 
whm  iv.rt       §3423.  If  a  part  of  a  verdict  be  legal  and  a  part  illegal,  the 
ifart^iiie"°t  court  will  coustruc  such  verdict,  and  order  it  amended  by  enter- 
ing a  remitter  as  to  that  part  which  is  illegal,  and  give  judg- 
ment for  the  balance. 
Amt'udment     §  3424.  A  judgment  may  be  amended  by  order  of  the  court 
mc-nff        in  conformity  to  the  verdict  upon  which  it  is  predicated  even 

after  an  execution  issues. 
Amendment  §  3425.  A  JieH  facias  or  capias  ad  satisfaciendurn  may  be 
tlon^s!'"^'  amended  so  as  to  conform  to  the  judgment  from  which  it  issued, 
and  also  as  to  the  time  of  its  return ;  but  if  ^\\Q\\Ji.fa.  be  levied, 
or  the  defendant  be  under  arrest  by  virtue  of  such  <■<(.  sa.  at  the 
time  of  the  amendment,  such  levy  or  arrest  must  fall ;  still  the 
amended jf.  fu.  or  ca.  m.  may  be  re-executed.   ^ 


PT.  3.— TIT.  a.— CHAP.  2.— ART.  2.— Defences.  643 

Section  2. — Amending  Official  Returns. 

SECTION  II. 

AMENTDINCr  OFFICIAL  RETURNS. 

Section.  |  Section. 

3426.  Official  returns  aiuemlabk'.  |  .3427.  May  be  made  nuncpro  (nnr. 

§3^26.  The  Sheriff  or  other  executing  officer  may  amend  hisoffidaion- 

f  .  '^  .     "^  tries  ainend- 

omcial  entries  and  returns,  so  as  to  make  such  entneis  and  returns  Hf>ie. 
conform  to  t\\6  facts  of  the  case  at  the  time  such  entry  or  return 
was  made. 

§  3427.  If  the  Sheriff  or  other  executing  officer  shall  fail  to  May  bo 
make  an  official  return  M'hich  by  law  he  should  have  made,  9,\wh />,!>  t>im-. 
entry  or  return  may  be  made  nunr  j>ro  tunc  by  order  of  the 
court,  so  as  to  make  the  proceedings  confornt  to  the  facts  at  the 
time  tlie  entry  should  have  been  made. 


SECTION  III. 

OF  AMENDING  RECORDS. 

Section.  1  Section. 

3428.  Aiueudiueut  o(  records*.  ;   ;i429.  Discretion  of  the  court. 

§3428.  It  is  a  power  incident  to  all  courts  to  correct  their  own  Ainen.imcnt 
proceedings  before  final  judgment. 

§3429.  In  allowing  or  refusing  amendments  there    is    a   wide  Discretion 
discretion  to  be  exercised  by  the  court,  hence  no  fixed  rule  can  amend-  " 
be  laid  down  which  would  apply  to  each   particular   case   that  rules  thora- 
might  arise,  but  as  a  general  rule,  the  court  will  amend  the  entries 
of  its  orders  on  the  minutes,  or  the  records  and  other  proceedings, 
iiuna pro  tutu". 

1.  When  the  case  is  within  some  statutory  provisions. 

2.  AYhen  there  is  sometliing  on  the  face  of  the  proceedings  to 
amend  by,  from  which  what  actually  took  place  in  the  prior  pro- 
ceedings can  be  clearly  ascertained  and  known. 

3.  In  all  cases  where  such  amendment  will  clearly  be  in  fur- 
therance of  justice. 


644  PT.  3.— TIT.  3.— CHAP.  2.— ART.  2.— Defences. 


Section  4. — Of  Other  Amendments. 


SECTIOIS"  IV. 

OF  OTHER  AMENDMENTS. 


Sectiok.  ^ 

3430.  Affidavits  of  illegality  amendable 
.3431.  Also,  insolvent's  schedule. 
3432.  Also,  rules  for  new  triaJ.  I  3436.   Also,  clerical  mistakes. 

.3433.  Certain  affidavits  not  amendable. 


Section. 

3434.  Appeal  bonds  amendable. 

3435.  Also,  affidavits  to  appeal. 


Affidavits  of      §^4-30.  Affidavits  of  illegality  are  upon  motion  and- leave   of 
imfndlwo.   court  amendable  In^Umte}'  by  the  insertion  of  new  and  indepen- 
dent grounds;  provided  the  defendant  will  swear  that  he  did  not 
know  of  such  grounds  when  the  original  affidavit  was  filed. 
Insolvent's       §3431.  A  schedule  filed  by  an  insolvent  debtor  is  amendable, 
amendable,   provided  he  will  show  to  the  satisfaction  of  the  court,  by  affidavit 
or  otherwise,  that  the  omission  arose  from  ignorance,  inadver- 
tance,  mistake,  or  inability  at  the  time  to  make  it  more  perfect ; 
lie  must,  however,  amend  in-sfautfr,  and  will  not  be  permitted  to 
delay  a  creditor  thereby. 
Amendment      §  3432.  A  rulc  ni,  .sy'  for  a  new  trial  may  be  amended  by  adding 

of  rules  for  ,  ,  i  •  i  ^•  •  jj'i     t 

newtri.ii.     ncw  grouuds  not  taken  at  the  time  tlie  application  was  filed. 
Affidavits         §  3433.  An  affidavit  which  is  the  foundation  of  a  legal  proceed- 
amended!     iug  cauuot  bc  amended  except  expressly  proWded  for  by  law. 
Amendment      §3434.  All  appeal  boiul  aiid  all  otlicr  bonds  taken   under  re- 
.^nd'other     <j[uisition  of  law  in  the  course  of  a  judicial  proceeding  may  be 
bonds.         amended  and  new  securit}'  given  if  necessary. 
Affidavit  to       §3435.  Where  material  words  are  omitted  by  accident  or  mis- 
amendabie.  take  iu  ail  affidavit  to  appeal  in  forma  pauperis,  such  omission  is 

amendable. 
Clerical  niie-      8  3436.  The  mistake  or  misprision  of  a  clerk  or  other  ministe- 

takes  may  ^  _  '■ 

fce  amended,  rial  officcr  shall  in  no  case  work  to  the  injury  of  a  party  where  by 
an  amendment  justice  may  be  promoted. 


CHAPTER  111. 

OF  THE  PRODUCTION  OF  PAPERS. 

Section.  ]  Sectiok. 

3437.  Production  of  books.  &■<■.  J  3443.  Suhpcena  duces  te  cum. 

3438.  Notice  to  produce.  3444.  Penalties  for  disobeying. 

3439.  Judgment  in  case  of  faQurc.  \  3445.  Secondary  evidence. 

3440.  Continuance.  j  3446.  Transcripts  of  book.s. 

3441.  Affidavit  of  non-rcHident  j  3447.  Examination  of  hooka 

3442.  Notice — how  made  available.  ' 


PT.  3.— TIT.  :i— Defences.  645 


Chapter  3. — Of  the  Production  of  Papers 


§  3437.  The  several  courts  shall  have  power,  on  the  trial  of  any  Production 

.       ,  1      ,     ,.  ,  .       ,  .  -  -'^  of  books,  &c 

f'-ause  cognizable  beiore  them  respectively,  on  notice  and  proot  may  be  com- 
thereof  being  previously  given  by  the  opposite  party  or  his  attor- 
ney, to  require  either  party  to  produce  books,  writings  and  other 
documents  in  his  possession,  power,  custody  or  control,  which 
shall  contain  evidence  pertinent  to  the  cause  in  question,  under 
circumstances  where  such  party  might  be  compelled  to  produce 
the  same  by  the  ordinary  rules  of  proceeding  in  equity. 

§  3438.  The  notice  required  by  the  preceding  section  shall  be  Notice  to 
in  writing,  signed  by  tlie  party  seeking  the  production  of  thepcrs. 
books  or  other  writings,  or  his  attorney,  and  served  on  the  adverse 
party  or  his  attorney,  ten  days  before  the  production  of  the  books, 
writings  or  documents  shall  be  required,  provided  such  party  re- 
aides  in  the  county  where  the  suit  is  pending  ;  if  out  of  said  coun- 
ty and  within  one  hundred  miles,  fifteen  days;  if  over  one  hun- 
dred miles  and  less  than  two  hundred,  twenty  days  ;  and  if  be- 
yond the  limits  of  this  State,  sixty  <lays. 

§3439.  If  the  plaintiff  or  his  attorney,  ])eing  so  notified,  shall  Conseque«- 
fail  or  refuse  to  complv  witli  sucli  order,  the  court  shall  on  mo-toproduc« 

1  '    •  1        T    .       .  rt^  .  „  .      papers. 

tion  give  ]udgment  against  such  plaintift  as  in  case  of  non-suit, 
and  if  the  defendant  shall  fail  or  refuse  to  comply  therewith,  the 
court,  on  motion,  shall  give  judgment  against  such  defendant 
as  in  case  of  judgment  by  default. 

§  3440.  In  case  of  the  service  of  any  notice  as  aforesaid,  when  continu- 
it  shall  appear  to  the  satisfaction  of  the  court,  by  an  affidavit  of'*"''"' 
the  party  or  otherwise,  that  such  party  has  used  due  and  proper 
diligence  and  cannot  procure  the  books,  writings,  or  other  docu- 
ments required,  tlic  cause  may  be  continued  at  tlie  instance  of  the 
party  notified. 

§3441.  "When  tlie  party  notified  resides  without  the  limits  of  Anidavit  ©r 
this  State,  but  in  one  of  the  States  or  Territories  of  the  Confederate  "iMt. 
States,  such  party  may  make  the  oath  required  before  a  commis- 
sioner of  this  State  resident  in  such  State  or  Territory,  or  before 
any  officer  of  such  State  or  Territory  in  which  the  party  notified 
may  reside,  who  is  authorized  by  the  laws  of  such  State  or  Terri- 
tory to  administer  an  oath,  which  shall  be  sufficient,  provided  the 
official  character  of  the  officer  attesting  said  affidavit  shall  be 
properly  proven  by  the  certificate  of  the  Governor,  the  Secretary 
of  State,  the  Chancellor,  or  keeper  of  the  great  seal  of  the  State 
or  Territorv  in  which  such  affidavit  is  made. 


646  PT.  3.— TIT.  3.— Defences. 

Chapter  .-{. — Of  the  Production  of  Papers. 

Notice—  §  3442.  Before  the  notice  provided  for  in  tlie  preceding  sec- 

avaiiabio.  tious  sliall  be  available,  the  party  giving  it,  or  liis  agent,  must 
make  oath  (or  his  attorney  state  in  his  place)  that  he  has  reason 
to  believe  that  the  paper  required  is  or  ha^;  been  in  existence,  that 
it  is  in  the  possession,  power,  or  control  of  the  person  notified  and 
that  it  is  material  to  the  issue. 
subpana         8  3443.  When  any  deed,  bond,  note,  book,  writinjr  or  other 

duces  tt  '^  _         ^    "'  "  '  '  '  c5 

cum.  documents  which  it  may  be  necessary  to  use  as  testimony  in  any 

cause  pending  in  any  of  the  courts  of  this  State,  may  be  in  the 
possession  of  any  j^erson  resident  in  any  county  in  tliis  State,  and 
who  is  not  a  pai'ty  to  said  cause,  tlie  Clerk  of  tlie  Court,  or  Jus- 
tice of  the  Peace,  as  the  case  may  be.  in  which  said  cause  is  pen- 
ding, sliall,  upon  application  of  the  party  or  iiis  attorney,  desirous 
of  using  such  testimony,  issue  a  shI>jhl/u/  (lucrx  trrma  direc- 
ted to  the  person  having  such  deed,  bond,  note,  book,  writing,  or 
other  document  in  his  possession.  re(|uiringhim  to  be  and  appear 
at  the  next  term  of  said  court,  and  to  bring  with  him  into  said 
court  the  paper  desired  to  be  used  as  testimony,  whicli  said  sul)- 
punia  shall  be  served  thirty  days  before  the  c^'urt  to  whicli  it  is 
made  returnal)le  by  a  Sheriff,  Constable,  or  some  private  person  ; 
and  the  i»rtie'ial  return  of  the  Sheriti"  or  Constable,  or  the  affida- 
vit of  such  prixate  person  shall  ])e  sufficient  evidence  that  the 
same  was  duly  served, 
I'cnaityfor  §3444.  AVlicu  a  subptcua  shall  be  issued  and  served  as  provid- 
oboy  Bubpiv- ed  in  the  preceding  section,  and  the  person  whose  attendance  is 
cum.  thereby  reipnred  shall  fail  to  cinnjily  with  the  requisitions  there- 

of, the  court  shall,  on  motion,  issue  an  attachment  against  such 
defaulting  person,  returnable  to  the  next  term  of  said  court,  and 
shall  fine  such  person  in  a  sum  not  exceeding  three  hundred  dol- 
lars, unless  he  shall  make  a  sufficient  excuse  for  such  failure, 
to  be  judged  of  by  the  court ;  l»ut  such  person  shall  nevertheless 
be  subject  to  an  action  at  the  instance  of  the  party  by  whom  he 
was  subpaniaed  for  any  damages  which  such  party  may  have  sus- 
tained by  reason  of  such  failure  :  Prochhd.,  that  if  the  person 
subptena     SO  subpcpuacd  shall,  within  ten  days  after  the  service  of  such  sub- 

iiUCM  tecum  -,    , .  ,  "^         ,  ,  . 

—how  com-  poena,  deliver  to  tlie  party  at  whose  instance  the  subpoma  wa& 
sued  out,  or  his  attorney,  or  tile  in  the  office  of  the  court,  or  Jus- 
tice of  the  Peace  from  which  such  subpcena  issued,  the  paper^ 
the  production  of  whicli  is  required  by  such  subpiena.  or  shall 
deliver  to  the  said  party  or  his  attorney,  or  shall  file  in  the  said 
office  his  affidavit  that  the  said  paper  is  not  in  his  power,  custo- 


FT.  3.— TIT.  2.— Defences.  647 

Chapter  3. — Of  the  Production  of  Papers. 


dy,  possession  or  control,  and  thaf  it  was  not  at  the  time  of  serv- 
ing said  subpoena,  then  such  delivery  or  filing  of  the  paper  so 
sought  as  aforesaid,  or  of  such  affidavit,  shall  be  considered  a  full 
and  complete  conipliance  with  the  requisitions  of  such  .siihjHina 
(luces  tecum. 

§3445.  In  all  cases  pendinc:  iu  anv  of  said  c<uirts  where  any s.oondary 
])arty,  either  at  law  or  in  equity,  shall  pursue  the  course  m  this 
chapter  pointed  out,  and  is  unable  thereby  to  procure  such  deed, 
bond,  note,  book,  writing  or  other  document,  such  party  shall  be 
permitted  to  go  into  parol  evidence  of  the  contents  of  such  deed, 
bond,  note,  book,  writing  or  other  document, 

S  3446.  When  anv  person  shall  be  notified  or  served  with  suh-  '^^t;^"  tran- 

'^  •'    ••■  ...  scripts  of 

jmna  duces  teeuvi  to  produce  books  in  his  possession  to  be  used  j^ooj^s  ?nay 
as  testimony  on  the  trial  of  any  cause  as  hereinbefore  provided, 
if  such  person  will  make  oath  that  he  cannot  produce  the  books 
required  without  sutlering  a  material  injury  in  his  luisiness,  and 
shall  also  make,  or  cause  to  be  made  out,  a  full  transcript  from 
such  books  of  all  the  accounts  and  dealings  with  the  opposite 
party,  and  have  such  transcript  examined  and  sworn  to  by  an 
impartial  witness,  and  produce  the  same  in  court,  it  shall  be  a 
compliance  with  the  notice,  or  siihpcena  duces  tecuni. 

§  3447.  When  the  transcript  provided  for  in  the  preceding  sec-  when  books 
tion  shall  be  produced  in  court,  if  the  adverse  partv  is  dissatisfied  intiinid  by 

,  •   1  1        •!!  1  TIT  Till  •     commission- 

therewith,  and  will  swear  that  he  believes  that  the  l)ooks  contain  ors. 

entries  material  to  him  which  do  not  apj^ear  in  the  transcript,  the 
court  will  grant  him  a  commission  to  be  directed  to  certain  per- 
sons named  by  the  })arties  and  approved  by  the  court,  to  cause 
the  adverse  party  to  produce  the  books  required,  (he  being  sworn 
that  the  books  produced  are  all  that  he  has  or  had  that  answer 
to  the  description  in  the  notice,)  and  to  examine  said  books,  and 
to  transmit  to  the  court  a  full  and  fair  statement  of  the  accounts 
and  entries  between  the  parties  under  their  hand,  which  shall  be 
sealed  up  and  transmitted  to  the  court,  as  in  case  of  interrogato- 
ries, which  statement,  when  received  by  the  court,  shall  be  dofun- 
ed  a  compliance  with  the  notice,  or  ."odjpa-nd  duces  tecum. 


64:8  PT.  3.— TIT.  3.— Defences. 


Chapter  4. — Of  Continuances. 


CHAPTER  IV. 

OF  CONTINUANCKS. 

Section.  :  Section-. 

3448.  One  continuance  at  common  law.    '  3455.  Wlien  ca?e  is  not  reached. 

3449.  When  amc-ndingparty  may  continuel  3456.  Of  cases  returned  from  S.  ("!ourt. 

3450.  Continuance  for  surprise.  ■  3457.  Dihgencc  required. 

3451.  For  absence  of  vviliiesses.  j  3458.  Non-return  of  interrogatories. 

3452.  Admission  of  facts.  '  3450.  Continuance  on  appeal. 

3453.  Continuance  for  absence  of  ))arly.  .'MfiO.  Discretion  of  the  court. 

3454.  For  ab.senco  of  counsel. 

Bntonf  (Oil-      §  3448.  N"o  trial  in  any  civil  cause  Bliall  be  had  at  the  first  term, 

wmmon  itw  (except  cxpresslj  provided  for  bv  law,)  and  no  cause  whatever, 

depending  in  any  of  the  courts  of  tliis  State,  shall  be  continued 

more  than  one  term  at  common  law,  at  tlie  instance  of  the  same 

party  for  any  cause  whatever. 

Amcndint:        §  3440.  Tlic  party  amending  ]>lciuling.'^  or  other  proceedings  in 

entifiodto"  an}'  of  said  courts,  shall  not  be  entitled  to  delay  or  continuance 

on  account  of  such  amendment  except   by  leave  of  the  court  to 

enable  him  to  make  such  amendment. 

contimwnce      §  3450.  Whcii  any  amendment  shall  be  made  to  the  pleadings 

Im^cndfnc*'    or  otlicr  procccdiugs  in  the  cause,  if  the  opposite  party  will  make 

p.vt.v-w  en  Qj^^jj^  Qj,  jjjg  counsel  state  in  his  place  that  lie  is  surprised  by  such 

amendment,  and  that  he  is  less  prepared  for  trial,  and  how,  than 

he  would  have  been  if  such  amendment  had  not  been  made,  and 

that  such  surprise  is  not  claimed  for  the  purpose  of  delay,  the 

case  may  be  continued  in  the  disf-retioii   of  the  .ludge  at  the 

instance  of  the  amending  party. 

Continuance      8  3451.  lu  all  apolicatious  for  continuances  uixm  the  ground 

for  absence  ^  •'^  ■*■       ^  *  *- 

•f witnesses,  of  tlic  absencc  of  a  witness,  it  must  be  shown  to  the  court  that 
the  witness  is  absent,  that  he  has  been  subprenaed,  that  he  resides 
in  the  county  where  the  case  is  pending,  that  his  testimony  is 
material,  that  such  witness  is  not  absent  by  the  permission,  direct- 
ly or  indirectly,  of  such  applicant,  that  he  expects  he  will  be  able 
to  procure  the  testimony  of  such  witness  at  the  next  term  of  the 
court,  and  that  such  application  is  not  made  for  the  pur])o.se  of 
delay,  but  to  enable  the  ]iarty  to  procure  the  testimony  of  such 
absent  witness,  and  must  state  the  facts  expected  to  be  proved  by 
such  absent  M-itness. 
Continuance      §  3452.  Xo  continuance  shall  be  allowed  in  any  court  on  ac- 
when  the     couut  of  the  abseucc  of  a  witness,  or  for  the  purpose  of  procuring 
mittod.  '     testimony,  when  the  opposite  party  is  willing  to  admit  and  does 


FT.  3.— TIT.  3.— Dkkk.nces.  649 

Chapter  4  — Of  Continuances. 

not  contest  the  truth  of  the  facts  expected  to  be  proved,  and  the 
court  shall  order  such  admission  to  be  reduced  to  writing. 

§3458.  If  either  party  shall  be  Providentially  prevented  from  ^v,,pn  a,,, 
attending  at  the  trial  of  any  cause,  and  the  counsel  of  sut-h  ab- tyls'cauw^of 
sent  party  will  state  in  his  place  that  he  cannot  go  safely  to  trial  "''"'"""""'*• 
without  the  presence  of  such  absent  party,  sncli  cause  shall  be 
continued,  provided  his  continuances  are  not  exhausted. 

§  3454.  The  illness  or  absence  from  Providential  cause  of  coun-  conunuimo*- 
sel,  where  there  is  but  one,  or  of  the  leading  counsel  where  there  oHUn^ss^^f 
are  more  than  one,  shall  be  a  sufficient  ground  for  a  continuance/""'"*'''' 
provided  the  party  making  the  application  will  swear,  that  he 
cannot  go  safely  to  trial  without  the  services  of  such  absent  coun- 
sel, that  he  expects  his  services  at  the  next  term,  and  that  said 
application  is  not  made  for  delay  only. 

§3455.  A  cause  not  reached  at  the  trial  term  stands  over  aswiuncase 

_     ,  •  1  is  not  roach- 

continued.  .,]. 

§  345<i,  When   any  cause  shall  be  sent  back  to  the  Superior  continuance 
Court  by  the  Supreme  Court,  the  same  shall  be  in  order  for  trial  I'ack  from" 
at  the  first  term  of  the  said  Superior  Court  next  after  the  session  comt. 
of  the  Supreme  Court ;  and  if  such  case  is  upon  the  appeal,  and 
the  continuances  of  either  party  are  exhausted,  the  said  Superior 
Court  may  grant  one  continuance  to  said  party  as  tlie  ends  of 
I'ustice  may  re€|uire, 

§  3457.  In  all  cases  the  party  making  an  application  for  a  con-ciiigoucpre- 
tinuance  must  show  that  he  has  used  due  diligeilce.  '^"*"''^' 

§3458.  When  a  commission  issues  to  examine  a  witness,  it  not  continuance 
having  been  returned,  shall  be  no  cause  of  a  continuance,  unless  uirn'ofintcr- 
the  party  seeking  the  continuance  will   make  the  same  oath  ^f '■''^'**'*''"'''- 
the  materiality  of  the  testimony  as  in  the  case  of  an  absent  wit- 
ness, and  the  party  must  show  due  diligence  in  sueing  out  and 
having  the  same  executed. 

§  3459.  No  appeal  case  shall  be  continued  more  than  twice  by  oonUnuauo* 
the  same  party  except  for  Providential  cause  and  for  which,  it  pofti""'^" 
may  be  continued  as  often  as  justice  may  require. 

§  3460.  All  applications  for  continuances  are  addressed  to  the  Discretion 
aound  legal  discretion  of  the  court,  and  if  not  expressly  provided "     ''  *^ 
for,  shall  l)e  granted  or  refused  as  the  ends  of  justice  may  require. 


650  PT.  3.— TIT.  3.— Defences. 


Chapter  5. — Garnishments. 


CHAPTER  V. 


GARNISHMENTS. 


Section.  Sectio.v. 

3461.  Garnisliments  at  common  law.  :!470.  Garnishee — when  to  pay  interest. 

.'5462.  How  obtained.  :i471.  Judgment  against  garnisliee. 

34G3.  Affidavit  and  bondl)y  agent,  &v.  3472.  Answer  of  garnishee. 

3464.  By  one  of  a  firm,  &c.      -  3473.  Collateral  securities. 

3465.  How  and  by  whom  issued,  Ac.  3474.  Attorney  may  V)o  garnisheed. 

3466.  Against  person'5  out  of  the  coimty.    3475.  Receiver  e.\empt. 

3467.  How  issued.  .Vc.  347G.  Laborer's  wages  e.\empt. 

3468.  Garnishments — how  dissolved.  .■!477.  Legacies,  Ac. 

3469.  Distribution  of  money.  347S.   narnishmenf  of  executors.  Ac. 

Garnish-  §3401.  Ill  ciises  wlici'e  suit  is  peiKliii<j:;,  or  where  jiulijiuent  lias 

(oinmo'n iMw  been  obtained,  the  plaintiff"  shall  be  entitled   to  the  process  of 

i:;arnishiiient  under  the  following  regulations  : 
r.aniisii-  8  34G2.  The  i)laintiff',  his  ajjent  or  attorney  at  law,  shall  make 

ot.tainr.i.  an  amdavit  beiore  some  omcer  authorized  to  issue  an  attachment 
by  this  Code,  stating  the  amount  claimed  to  be  due  in  such  ac- 
tion, or  on  such  judgment,  and  that  he  has  rejison  to  apprehend 
the  loss  of  the  same,  or  some  part  thereof,  unless  the  process  of 
garnishment  do  issue  and  shall  give  bond,  with  good  security,  in 
a  sum  at  least  equal  to  double  the  amount  sworn  to  be  due,  pay- 
able to  the  defendant  in  the  suit  or  judgment,  as  the  case  may 
be,  conditioned  to  pay  said  defendant  all  costs  and  damages  that 
he  may  sustain  in  consequence  of  sueing  out  said  garnishment,  in 
the  event  that  the  plaintiff"  fails  to  recover  in  the  suit  pending, 
or  it  should  appear  that  the  amount  sworn  to  be  due  on  sucli 
judgment  was  not  due. 
Affidavit  by  §  3iG3.  "When  the  affidavit  is  made  by  the  agent  or  attorney  at 
tfracj%'  ""^  law  of  the  plaintiff',  he  may  swear  according  to  the  best  of  Iiis 
knowledge  and  belief,  and  shall  have  power  to  sign  the  name  of 
the  plaintiff'  to  such  bond,  who  shall  be  bound  tliereby  in  the 
same  manner  as  though  he  had  signed  it  himself. 
Affi.iavit  §  3404.  When  the  debt  for  the  recovery  of  which  the  garnisli- 

oLofTtimi.  nient  is  sought  is  due  to  co-partners,  or  several  persons  jointly, 
any  one  of  said  co-partners,  or  joint  creditors,  may  make  the  af- 
ffdavit  and  give  the  bond  in  the  name  of  the  jilaintiff",  as  pre- 
scribed in  cases  of  attachment. 
Garnish-  §3405.  When  such  affidavit  has  been  made,  and  bond  given,  it 

and  by        sliall  bc  the  duty  of  the  officer  before  whom  the  same  is  made,  or 
6"<<L  any  other  officer  authorized  by  this  Code  to  issue  attachments. 


FT.  3.— TIT.  3.— Defences.  651 

Chapter  5. — Garnishments. 


to  whom  the  said  bond  and  aflSdavit  may  be  delivered,  upon  the 
request  of  the  plaintiff,  his  agent  or  attorney  at  law,  to  issue  a 
summons  of  garnishment  to  cuoh  pcroon,  directed' -afrftfurcoaid/re- 
quiring  him  to  appear  at  the  next  term  of  the  court  where  such 
suit  is  pending,  or  where  such  judgment  was  obtained,  but  if  the 
next  Superior  or  Inferior  Court  sliall  l>e  held  within  less  than 
twenty  days,  or  the  next  Justices'  Court  shall  be  held  within  less 
than  ten  days  from  the  time  such  summons  shall  issue,  then  the  gar- 
nishee shall  be  required  to  appear  at  the  next  court  thereafter, 
then  and  there,  or  before  that  time,  to  depose  on  oath  what  he 
is  indebted  to,  or  what  property  or  effects  he  has  in  his  hands 
belonging  to  the  defendant,  or  had  at  the  time  of  the  service  of 
the  summons  of  garnishment,  and  upon  such  affidavit,  bond,  and 
summons  of  garnishment,  being  delivered  to  any  officer  author- 
ized by  law  to  levy  an  attachment,  it  shall  be  his  duty  to  serve 
such  summons  of  garnishment  upon  the  person  to  whom  it  is  di- 
rected, if  to  be  found  in  his  county,  and  to  make  an  entry  of 
such  service,  and  of  his  actings  and  doings  in  the  premises,  upon 
the  affidavit  and  l)ond,  and  return  the  same  to  the  court  to  which 
the  person  summoned  as  garnishee  is  required  to  appear,  and  all 
s\ibsequent  proceedings  shall  be  the  same  as  in  this  Code  i)re- 
scribed  in  relation  to  jxarnishment  in  cases  of  attachment. 


§  S-IGO.  When  any  of  the  persons  sought  to  be  garnisheed  reside  oamisii- 
in  a  different  county  from  the  one  where  suit  is  pending,  or  in  persons  rc- 
Avhich  judgment  was  obtained,  it  shall  be  the  duty  of  the  officer  the  cmmty. 
taking  such  affidavit  and  bond,  or  any  other  officer  of  the  county 
where  such  suit  is  pending,  or  where  such  judgment  was  obtain- 
ed, authorized  by  this  Code  to  issue  an  attachment,  to  M'hom  said 
bond  and  affidavit  may  be  delivered,  to  make  out  a  copy  thereof, 
and  certif}^  the  same  to  be  true,  and  shall  deliver  said  certilied 
copy  to  the  plaintiff',  his  agent,  or  attorney  at  law,  and  upon  such 
certified  copy  being  delivered  to  any  officer  authorized  to  issue 
an  attachment  of  the  county  where  the  person  sought  to  be  gar- 
nisheed resides,  it  shall  be  the  duty  of  such  officer  to  issue  sum- 
mons of  garnishment  for  sucli  person  as  he  may  be  directed  by 
the  plaintiff',  his  agent,  or  attorney  at  law,  requiring  him  to  ap- 
pear at  the  next  Superior,  Inferior,  or  Justices'  Court  of  said  coun- 
ty, according  as  such  suit  is  pending,  or  judgment  was  obtained 
in  the  Superior,  Inferior,  or  Justices'  Court,  then  and  there  to  <le- 
pose  according  to  the  provisions  of  the  previous  sections ;  but  if 
the  said  Superior  or  Inferior  Court  shall  be  held  within  less  than 


652  PT.  3.— TIT.  3.— Defences. 

Chapter  5. — Garnishments.    • 


twenty  days,  or  said  Justices'  Court  shall  be  held  within  less  than 
ten  days  from  the  time  such  garnishment  issues,  the  garnishee 
shall  be  required  to  appear  at  the  next  court  thereafter. 
How  issuod,  §  34r)T.  Upon  such  certified  coi\y  of  affidavit,  bond  and  sum- 
fct^raort!  Ao  mons  of  garnishment  being  delivered  to  any  officer  authorized  by 
law  to  levy  an  attachment,  it  shall  be  liis  duty  to  serve  the  sum- 
mons upon  the  person  to  whom  it  is  directed,  and  to  return  the 
said  copy  affidavit  and  bond  to  the  court  where  such  person  is 
summoned  to  appear,  together  witli  his  actings  and  doings  en- 
tered thereon,  and  all  subsequent  i)roceedings  sliall  be  the  same 
as  is  prescribed  by  this  Code  in  relation  to  garnishment  in  cases 
of  attachment  where  the  ffarnisliec  resides  out  oi"  tlic  countv 


in  wliich  the  attachment  is  retuniabl 


flarnish-  §  34(58.  In  cuscs  whcrc  garnislimcnts  arc  issued  when  suit  is 

^jueoivwi.  pending,  or  judgment  has  been  obtained,  tlic  defendant  may  dis- 
solve such  garnishment,  and  liavc  the  same  dismissed  upon  filing 
in  the  Clerk's  office  of  the  court  where  suit  is  pending  or  judg- 
ment was  obtained,  or  with  the  Justice  of  the  Peace  where  Buit 
is  pending,  or  judgment  was  obtained  in  such  court,  a  bonrl  with 
security,  payable  to  the  plaintilf,  for  the  payment  of  tlie  amount 
due  on  such  judgment,  or  which  nuiy  be  recovered  in  said  action, 
and  tlie  costs  thereon,  and  the  plaintifl'  may  enter  up  judgment 
upon  such  bond  against  the  principal  and  securities,  a>  judgment 
may  be  entered  against  securities  upon  appeal. 
Money  rais-  §  34<')0.  All  monev  raiscd  by  virtue  of  the  process  of  garnish- 
nishment—  mcut  uudcr  this  Codc  shall  be  paid  over  to  the  creditors  of  the 

how  distrib-  ,  ^  *     _ 

ntod.  detendant,  according  to  the  priorities  now  established  hj  law — 

the  expenses  of  the  moving  creditors  being  first  paid  7?;'^  rata,  hj 
the  judgment  creditors  receiving  the  benefit  of  his  diligence. 

Garnishoe        §  34T0.  As  a  general  rule,  a  partv  M-ho  is  prevented  from  ])ay- 

liablo  for  in- .     ^  *^  '        1         ,^  1  .. 

t«rpet-when.  lug  ovcr  monev  by  process  ot  law  is  not  liable  for  interest,  but  if 
a  garnishee  resists  the  payment  of  the  fund  in  his  hands,  or  con- 
troverts his  indebtedness,  he  is  liable  for  interest  thereon,  bat 
he  may  relieve  himself  from  interest  by  paying  the  fund  into 
court. 

Judgment.  §  3471.  The  plaintiff  shall  not  have  judgment  against  the  gar- 
nishee until  he  has  obtained  judgment  against  the  defendant. 

Answer  of       §  3472.  Thc  garnishee  must,  in  his  answer,  admit  or  deny 

€»rniBhe«'.  j^j^  indebtedness,  or  that  he  has.  or  had  effects  in  his  hands  be- 
longing to  defendant,  and  if  he  is  unable  to  do  so,  his  inability 
must  appear  in  his  answer,  together  with  all  the  facts  plainly, 


I 


FT.  3.— TIT.  3.— Defkngks.  653 

Chapter  5. — Garnishments. 


fally  and  distinctly  set  forth,  so  &»  to  enable  the  court  to  give 
judgment  thereon. 

§  3473.  Collateral  securities  in  the  hands  of  a  creditor  shall  coiinu-rai* 

111.  ,  .1  1.  ,,  1    ""*■  8'ibject 

not  be  tlie  subiect  of  garnishment  at  the  instance  of  other  cred- ♦"  pirnish- 
itors. 

§3474.  An  attorney  at  law  who  has  money  or  other  eifeets  in  Attomoyst 
his  hands  belongino;  to  the  defendant  shall  be  subiect  to  l»e  nrar-joct  topar- 

.  n      n  J  tr>         nishment. 

nisheed. 

§3475.  A  receiver  appointed  by  a  court  of  equity  shall  not  be  Kcooivers 

1   .  1  ,,  .   1  not  subject 

subject  to  the  process  oi  garnishment.  tocamiah- 

§3476.  All  journeymen,  mechanics  and  day  laborers  shall  be  Laborer's 
exempt  from  the  process  and  liabilities  of  garnishment  on  their  emp't^frSi 
daily,  weekly,  or  monthly  wages,  whether  in   the  hands  of  their  "'^"  *  ™''° 
employers  or  others. 

§  3477.  As  a  general  rule,  the  interest  of  a  legatee  or  distrib-  when  lega- 
utee  is  not  the  subject  of  garnishment  issued  against  an  executor  fubject  to 
or  administrator,  but  if  the  legacy  has  been  assented  to  by  the  ^ 
executor,  and  such  legacy  is  not  defeated  by  debts  against  the 
estate,  and  when  there  has  has  been  a  final  settlement  by  the  ad- 
ministrator, and  there  remains  in  his  hands  a  fixed  balance,  such 
legacy  or  the  interest  of  the  distributee,  or  heir,  may  be  reached 
by  the  process  of  garnishment,  at  the  instance  of  a  creditor  of 
such  legatee,  distributee,  or  heir  at  law,  as  the  case  may  be. 

§  3478.  In  every  case  a  garnishment  may  be  issued  against  an  Executors, 
executor  or  administrator  for  a  legacy  or  distributive  share,  if g^niTbT»dl 
the  creditor  will  swear — in  addition  to  the  oath  required  in  ordi- 
nary cases — that  his  debtor  resides  without  the  State,  or  is  insol- 
vent. In  such  cases  the  executor  or  administrator  shall  not  be 
compelled  to  answer  the  garnishment  until  the  estate  in  his  hands 
is  sufficiently  administered  to  enable  him  safely  to  answer  the 
same.  — ^ 


654 


PT.  3, TIT.  4. — CHAP.  1. — Verdict  and  Judgment. 


Article  1. — Of  the  Verdict  and  its  Reception. 


Vcnliots 
must  cover 
the  issues. 

Must  show 
upon  what 
ploa  it  is 
found. 


(Joustruc- 
tiou  of  vti 
diets. 


Mouldinir 
verdicts. 


Verdict  in 
trover. 


TITLE  IT. 

OF  THE  VERDICT  AND  JUDGMENT. 


CHAPTER  I. 

VERDICT  AND  Jl^DGMENT. 

Article  1.  Of  the  verdict  and  it  reception. 

Article  2.  Entering  judgment. 

Article  3.  Efteet  and  lien  of  judgment. 

Article  4.  Of  attacking  judgments. 

Article  5.  Transfer  of  judgments. 

Article  6.  Confession  of  judgments. 

Article  7.  Dormant  judgments  and  revival  thereof. 


ARTICLE  I. 

OF  THE  VERDICT  AND  ITS  RECEPTION. 


Section'. 
3479.  Verdict  must  cover  the  issues. 
:?480.  Must  show  on  what  pica  found. 
3481.  Constructiou  of  verdicts. 
:j482.  Moulding  verdicts. 


Section. 
:!483.  Verdicts  in  trover. 

3484.  For  a  totn!  divorce. 

3485.  For  a  partial  divorce. 

I  348G.  Reception  of  verdicts. 


§3470.  The  verdict  must  cover  tlie  issues  made  l>v  tlie  plead- 
ino;s.  and  must  be  for  the  plaintiff  or  defendant. 

5^^  3480.  If  there  are  several  pleas  tiled  by  the  defendant,  a  \er- 
dict  for  the  defendant  must  show  upon  wliich  of  the  pleas  the 
verdict  is  rendered.  The  jury  may  render  such  verdict  upon  all 
the  pleas  if  they  see  proper  so  tu  do. 

§  3481.  Verdicts  are  to  have  a  reasonable  intendment,  and  are 
to  receive  a  reasonable  construction,  and  are  not  to  be  avoided 
unless  from  necessity. 

§  3482.  It  shall  be  within  the  power  of  the  Superior  Court,  in 
a  proper  case,  to  mould  the  verdict  at  law  so  as  to  do  full  justice 
to  the  parties,  and  in  the  same  manner  as  a  decree  in  equity,  and 
the  judgment  and  execution  shall  conform  to  the  verdict. 

§  3483.  In  an  action  of  trover  the  verdict  may  be  in  the  alter- 
native :  that  is,  it  must  be  for  the  value  of  the  property  sued  for, 
which  may  be  discharged  by  the  return  of  the  property  within  a 
given  time  specified  in  the  verdict. 


Article  1— Of  the  Vordicland  .K  fiiiii^iitoi! 

be  as  follow.,  to  wit:  We,  tlie  jury,  find  timt  Rufficient  nrootV'""' """'"' 

':::  xv-"";""^'  *".""- "'"''"'''''""  •-  a"ti.on:rLf7d  t 

^orce,  that  IS  to  say,  a  d.vorce  a  v;»n,Io  n,„trh,y,„U  upon  Ie.>al 
princples  between  the  parties  in  this  case.  ^ 

^■''ff-  I"easesofaparti.aldivoveethefonnofavei-dict,navv    ,-   , 
be  as  follows  to  wit:  We,  the  j„,-y,  find  that  st.fficient  pool -*'•''■' 
have  been  submitted  to  on,-  consideration  to  anthonVe  a  narHa"""" 
dtvoree  between  the  parties,  that  is  to  ..ay,  a  divo;7:   „C 
M^.j>  npon  legal  pnncip.es.     That  the  plaintifl'  shall  pay 

life    fe  s,„n  of"         M,       ,'"  ","  "'='"■'''"'  *•'■'•"« '-  -'"-' 

e    s!,ro  ■  s,    1  '..  ''■  "'"  '"•'■'"'•*  ^-i  "'aintenance  of 

I  ^ITa    If.  "^■■^'■"^0  during  their  natnral  lives. 

J,  3486.  \  erd.cts  shall  not  be  received  except  in  open  court 

nnless  by  agreement  of  the  parties.  ' 


N'ei'(li('ts — 
liow  rcctiv- 

0.1. 


ARTICLE  II. 

OF  KNTERING  JUDGMHXT. 


Section-.  .„ 

Section- 


(icriiiont — 

d 


34S 7.  Judgments,  when  to  be  entered.  SiO^  "  Atrnn.vf 

34SS.  Appeal  .suspends  judgment.  ^  CoTt  T         *" 

3480.  Judgn.ent  fur  principal  and  interest  349"  ^°f '-"^^•"«*  ^"-^^"tor.,  Ac. 

3400.  Judgn.ent  on  appeal...  '  If''  f  •'^"""  '^  ^"  '^-'^^• 

3401.  Agamst  .sureties  and  endorsers.       '  '  ^"  ^^'"^'''^''^^ '-^"'^^f^-n^^'l'artners.  Ac. 

_    §  Sm.  In  all  cases  M-lieii  a  verdict  shall  herenclem]  the  i>..h-v 

te^    nds,grM.p,ud.ment  thereon  at  ar,y  tinie  within  four  da"-"' ^' 
atter  the  ad]ournment  of  the  court  at  which  .nr  1. .      r  V  ^ 

dered,  for  the  amount  thereof  -u  d  a  11        .  ^'^''^ ''''"' ^■""- 

-d  no  execution  shall  1^;!;' ^^^  ::;;77^^^  d  ^"^"' 
Shan  I.  e.^red  up  and  .,ned  h,  i:XT;!i:'::t^^'''' 

^  o4bb.  It  a  .lud-nient  be  entered  within  the  thno  .,11 .     '  1  .• 
enterino.  an  appeal  and  sndi  nnnooi  1        !       ,  allowed  for  Ai.pcaisns- 

be  susi.;endcd!  ^  ^  ^  ''^  ^''  ''^'^^•^^^'  ^^'^  ^"^^"^-^t  will  S:'-- 

§3489.  In  all  cases  where  iudo-ment  n.«v  k«     1.  •      , 
judcrment  shall  be  ontPrPrl.,.;-.--^      ^  obtained,    such  .Tu.i.,„ont 

.1        ,.^  '  '^^"^^^Gd  up  tor  the  principal  mi m  rlno    ,    VI     •       f'-ri'iincitml 

terest;  />.«./,?«/ the  claim  upon  which  it"™  nit  •    T:i  ".■»„,„.,,:,., 

terest,  but  no  part  of  such  judgment  shllbl^!''  *'"""'  '"■ 
principal,  which  u,ay  be  die  on  the  Sn'^d^bt.""'  ''''''' '"" 


656         PT.  'S. — TIT.  4. — CHAP.  i. — Vkkwot  and  Juikjment. 

Artido  2.— Of  Entering  Judgment 


Judgment        §3490.  In  all  cases  of  appeal,  where  security  has  been  given, 
on  appeals.   ^^^^  plaintiff,  or  liis  attorney,  may  enter  up  juclgmeut  against  the 
principal  and  surety  jointly  and  bevurully,  und  execution  bhall 
issue  accordingly,  and  proceed  against  either  or  both,  at  the  op-    t 
tion  of  the  plaintiff,  until  his  debt  is  satisfied.  ^ 

Judgment        §3401.  In  all  iudmnents  against  sureties  or  endorsers  on  any      ' 

against  sure-        ^  .in  o  ^  ... 

itU'sauden-  ]jii}  of  cxchauge,  proiuissofy  note,  or  other  instrument  in  writing, 
the  plaintiff  or  his  attorney  shall  designate  and  identify  the  rela- 
tion of  tlie  i)arties  under  the  contrai-t  on  whicli  sucli  judgment  is 
rendered,  and  execution  shall  issue  accordingly. 
judfrmcnt        8  3492.  lu  a  suit  against  an  executor  or  administrator  in    his 
utors  and     reprcsentutivc  character,  the  judgiuent  must  l)e  <tt  Uonia  umUurts, 

admlnioti-.i-  ^  1  7  •  Ju' 

t..rs.  except  when  he  pleads  iit  uiujiU'Si.cicufor,  or  a  release  to  hofusclj, 

orjjlaic  adminlstnicit,  or  ;^ltne  admiiUHtravit prater,  and  his  plea 
is  found  against  him  in  which  case  the  judgment  is,  that  the  plain- 
tiff recover  both  the  debt  and  costs,  in  the  lir>t  jdace  to  be  levied 
of  the  goods  and  chattels  lands  and  tenements  of  the  deceased  if 
to  be  found,  and  if  not  to  be  fonnd,  then  to  be  levied  of  the  ])er- 
sonal  goods  and  chattels,  lands  and  tenements  of  the  defendant. 

.ludcnuui        S  3403.  When  the  verdict  of  a  jury  is  against  an  executor   or 

for  lORt  "  .,.*  ...•!. 

:isainstoxic-.i(jministrator,  or  other  trustee  in  ins  representative   cliaracter,  a 

■  tors,  &c.  '  ,iTi  1  •  I'-i 

judgment  for  costs  should  be  entered   against   him   in   the  same 

character, 
judfrnunt        §3404.  All  judgmcuts  rendered  against   the   obligors  of  any 

bond,  whether  official  or  voluntary,  shall  be  for  the  amount  of 

damnification  found  by  the  verdict  of  a  jury,  and  not  for  the  ])en- 

alty  thereof. 

^  3405.  Judgments  entered  up,  or  executions  issued  in  favor  of 
i."rSnsf'    or  against  co-partners,  when  the  i)artiiership  style  is  used  therein 

instead  of  the  individual  names  of  such  persons  comprising  said 

firm,  shall  be  u:ood. 


on  l>uud». 


.Iiidpnionis 
in  fav 
or  m^i 
Rrn\s, 


ARTICLE  III. 

OF  THK  EFFECT  AND  LIEN  OF  JUDGMEN'Iti. 

Secttok.  j  .Section. 

3496.  Conclusiveness  of  judgment.  ;  3501.  Do  not  bind  choees  in  action. 

3497.  Judgments  at  same  term  equal  '  3502.  Lien  on  property  transferred. 
349S.  Rank  of  riflarmod  judgments.  3503.  On  property  removed  from  Sute. 


3499.  Dignity  of  judgments. 

3500.  Prevent  alienation — when. 


3504.  In  trespass  and  trover. 

3505.  Sale  of  land — purchase  money. 


PT.  3.— TIT.  4.— CHAP.  1.— Verdict  and  Judgment.         657 


Article  3. — Of  the  Effect  and  Lien  of  .TudpTnents. 


S  3496.  The  iudffment  of  a  court  of  competent   iurisdiction  is  concini«iT»- 
conclnsive  between  parties  and  privies  as  to  the  tacts  which   it  ""'^t^ 
decides  until  reversed  or  set  aside. 

§  3407.  All  judgments  signed  on  verdicts  rendered  at  the  same  judpncnto 
term  of  the  court  shall  be  considered   held  and  taken    to  be   ofoft^^ITaHa™ 
eqnal  date,  and  no  execution  shall  be  entitled  to  any  preference 
l)y   reason    of  being   iirst   placed    in    the  hands  of  the  levying 
officer. 

§3498.  A  judgment  ill  the  Superior  Court,  which  is  taken  to  Rank  of 
the  Supreme  Court  and  affirmed,  loses  no  lien  or  priority  by  theatiinnidby 
proceeding  in  the  Supreme  Court,  but  takes  effect  from  the  first  coun. 
judgment. 

§  3400.  All  judgments  obtained  in  the  Sujierior,  Inferior,  Jus-  Dignity  And 
tices',  or  other  Courts  of  this  State  shall  be  of  equal  dignity  and  f^ct'of  judg- 
shall  bind  all  the  property  of  the  defendant,  both  real    and  per-  """**■ 
sonal  from  the  date  of  such  judgment,  except  as  otherwise  provi- 
ded in  this  Code. 

§3500.  In  all  cases  where  a  verdict  shall  be  rendered  and  judg- First  judg- 
ment signed  up  thereon,   and  an  appeal  shall  be  entered  from  ™  nls 'Jfcna- 
such  verdict,  the  property  of  the  defendant  shall  not  be  bound  by  of  appoai.  ^ 
the  first  verdict  and  judgment,  except  so  far  as  to  prevent  the 
alienation  by  the  defendant  of  his  property  between  the  signing 
of  the  first  judgment,  and  the  signing  of  the  judgment  on  the  ap- 
peal, but  shall  be  bound  from  the  signing  of  such  judgment  on 
the  appeal. 

§  3501.  A  judgment  has  no  lien  upon  promissory  notes  in  the  judgments 
liands  of  the  defendant,  nor  are  choses  in  action  liable  to  be  seized  choses  in  m- 
and  sold  under  execution,  unless  made  so  specially  by  statute.       *'""' 

§  3502.  When  any  person  has  Jjonajule,  and  for  a  valuable  con-  Lien  of 
sideration  purchased  real  or  personal  property,  and  has  been  in  IrafsTrred " 
the  possession  of  such  real  property  for  four  years,  or  of  such  whTn  "iifs" 
personal  property  two  years,  the  same  shall  be  discharged  from  *'^'"^^'^- 
the  lien  of  any  judgment  against  the  person  from  whom  he  pur- 
chased. 

§3503,  When  a  judgment  lien  has  attached  on  personal  prop- Lien  of 
erty  which  is  removed  to  another  State  and  sold,  if  brought  back  in"|!n!p"rtV 
again  to  this  State  it  will  be  subject  to  the  judgment  lien.  fri^Tthe 

§  3504.  When  a  verdict  for  damages  shall  be  rendered  in  favor  1'^^^'^  „{. 
of  a  plaintiff  in  trover  or  trespass,  and  a  judgment  signed  there- Jn'IfX^lnd 
on,  the  said  verdict  and  judgment  shall  not  have  the  efiect  to  *'"'^®*"^^' 
change  the  property  which  is  the  subject  matter  of  the  suit,  or 
42 


658 


PT.  3. — TIT.  4. — CHAP.  1. — Verdict  and  Judgment. 


Article  3. — Of  the  Efifect  and  Lien  of  Judgments. 


to  vest  the  same  in  the  defendant  in  said  suit  until  after  the  dam- 
ao-es  and  costs  recovered  bj  the  plaintiiF  in  such  action  are  paid 
otf  and  discharged ;  except  so  far  as  to  subject  sucli  pro};erty  to 
be  sold  under  and  by  virtue  of  an  execution  issuing  from  such 
judgment  in  such  action  of  trespass  or  trover,  and  to  make  the 
same  liable  to  the  payment  of  the  damages  and  costs  recovered 
in  said  action  in  preference  to  any  other  judgment,  order  or  de- 
cree, against  the  said  defendant  in  said  action  of  trespass  or  tro- 
ver. 

§  3505.  When  a  person  holds  property  under  a  bond  for  titles, 
where  pur-  J^^J^^  tjjQ  purchasc  moucy  has  been  partially  paid,  the  same  may 
ispartiiiuy    \jq  levied  OH  uudor  iiulirinents  auainst  such  person,  and  the  entire 

paid.  .1        r?  >  1  ^ 

interest  stipulated  in  the  bond  shall  be  sold.  The  proceeds  ot 
the  sale  shall  be  appropriated  first  to  the  payment  of  the  balance 
of  the  purchase  money,  and  tlie  remainder  to  the  judgment  liens 
according  to  date.  In  all  such  cases  notice  of  the  levy  shall  be 
given  by  the  levying  officer  to  the  holder  of  the  bond  for  titles. 


ARTICLE  IV 


HOW  ATTACKED,  AND  HEREIN  OF  MOTIONS  IX  ARRK.-=^T  OF  JUDrrilBNT. 


Motion  in 
•rresl  of 
judgment. 


Nature  of 
motion  in 
arri'St  of 
judgment. 


Section'. 

3506.  Arrest  of  judgment:*. 

3507.  Nature  of  the  motion. 

3508.  On  accoimt  of  defective  pleadings 

3509.  Where  defects  arc  amendable. 

3510.  When  set  aside  for  perjury. 


I  Section. 

I  3511.  Jurisdiction  of  the  motion. 

3512.  Judgments — where  attacked. 
I  3513.  Void  judgments. 
'   3514.  Judgments  set  aside  in  eqiiity. 

3515.  How  attacked  bv  creditors,  4c. 


§  3506.  When  a  judgment  has  been  rendered,  either  party 
may  move  in  arrest  thereof,  or  to  set  it  aside  for  any  defect  not 
amendable  which  appears  on  the  face  of  the  record  or  pleadings. 

§  3507.  A  motion  in  arrest  of  judgment  difi'ers  from  a  motion 
for  a  new  trial  in  this  :  the  former  must  be  predicated  on  some 
defect  which  appears  on  the  face  of  the  record  or  pleadings, 
while  the  latter  must  be  predicated  on  some  extrinsic  matter  not 
so  appearing.  It  also  ditfers  from  a  motion  to  set  aside  a  judg- 
ment in  this:  the  motion,  in  arrest  of  judgment,  must  be  made 
during  the  term  at  which  such  judgment  was  obtained,  while  a 
motion  to  set  it  aside  may  be  made  at  any  time  within  the  stat- 
ute of  limitations. 


PT.  3.— TIT.  4.— CHAP.  1.— Verdict  and  Judgment.  659 


Article  4. — How  Attacked,  &c. 


§3508.  If  the  pleadinsrs  are  so  defective  that  no  leffal  indo;- For  defects 

"  ^  '^  ,  1.1      in  the  pltad- 

raent  can  be  rendered,  the  judgment  will  be  arrested  or  set  aside,  'ngs. 

§3500.  A  judgment  cannot  be  arrested  or  set  aside  for  any  Amendable 
defect  in  the  pleadings  or  record,  that  is  aided  by  verdict,  or  pnmnd  of 

111  "^  /»   i>  motion. 

amendable  as  matter  oi  lorm. 

8  3510.  Any   iudij-ment,  or  verdict,    rule   or   order   of  court, -Tufiffments 

^  J      J        O  '  '  ^       'obtained  by 

which  may  have  been  obtained,  or  entered  up,  shall  be  set  aside,  perjury  wiii 
and  be  of  no  eifect  if  it  shall  appear  that  the  same  was  entered 
up  in  consequence  of  corrupt  and  willful  perjury  ;  and  it  shall 
be  the  duty  of  the  court,  in  which  such  verdict,  judgment,  rule 
•or  order,  was  obtained  or  entered  up,  to  cause  the  same  to  be  set 
aside,  upon  motion  and  notice  to  the  adverse  party  ;  but  it  shall 
not  be  lawful  for  the  said  court  to  do  so,  unless  the  ]ierson 
charged  with  such  perjury  shall  have  been  thereof  duly  convicted, 
and  unless  it  shall  appear  to  the  said  court,  that  the  said  verdict, 
judgment,  rule  or  order,  could  not  have  been  obtained  and  en- 
tered up,  without  the  evidence  of  such  perjured  person,  saving 
always  to  third  persons,  innocent  of  such  perjury,  the  right 
which  they  may  lawfully  have  acquired  under  such  verdict,  judg- 
ment, rule  or  order,  before  the  same  shall  have  been  actually  va- 
cated and  set  aside. 

§3511.  All  motions  to  arrest  or  set  aside  a  judgment,  must  be  jurisdiction 
made  to  the  eonrt  by  whom  such  judgment  was  rendered,  and  oftioVtVar-' 
which  motion  the  opposite  part}^  must  have  reasonable  notice. 

§3512.  The  judgment  of  a  couit   of  competent  jurisdiction  judgments 
cannot  be  collaterally  attacked  in  any  other  court  for  irregular- connu-raiV 
ity,  but  shall  be  taken  and  held  as  a   v^alid  judgment   until   it  is" 
reversed  or  set  aside. 

§3513.  The   judgment  of  a  court  having  no  jurisdiction  ofjudsments 
the  person  and  subject  matter,  or  void  for  any  other  cause,  is  a 
mere  nullity,  and  may  be  so  held  in  any  court  when  it  becomes 
material  to  the  interest  of  the  parties  to  consider  it. 

§3514,  The  judgment  of  a  court  of  competent  jurisdiction  Kqnity  may 
may  be  set  aside  by  a  decree  in  chancery,  for  fraud,  accident,  orludgmeuts. 
mistake,  or  the  acts  of  the  adverse  party  unmixed   with  the  neg- 
ligence or  i\iult  of  the  complainant. 

§  3515.  Creditors,  or  bo?ia  fid<i  purchasers,  may  attack  a  judg- jnd-ments 
mcnt  for  any  defect  appearing  on  the  face  of  the  record,   or  "uacu.d  by 
pleadings,  or  for  fraud,  or  collusion,  whenever  and  wherever  j^'"""*'"'"^'**' 
iatcrferes  with  their  rights,  either  at  law  or  in  equity. 


YT.  3.— TIT.  4.— CHAP.  1.— Verdict  and  Judgment. 


Article  5. — Of  the  Transfer  of  Judgments. 


ARTICLE  V. 

OF  THE  TRAXSFKR  OF  JUDUMKNTS. 

Section-.  ^Section. 

351G.  Jiidf^cnts  transferable.  ;   3517.  Tran.sfer  by  attorney  of  record. 

jndgmftnts       §  351G.  Any  plaintift*  oi*  transferee   ma,y  bona  Jide,  and   for  a 
Sftwd  valual)le  consideration,  transfer  any  judgment  or  execution  to  a 
tliird  person,  and  in  all  cases  the  transferee  of  any  judirnient  or 
execution  shall  have  the  same  rights,  and  be  liable  to  the  same 
equities,  and  subject  to  the  same  defences  as  the  original  ])lain- 
tiiF  in  judgment  was. 
Transf.rbj-      §  3517.  Tlic  transfer  of  a  judgment  or  execution,  by  the  attor- 
recori^"    ney  of  record,  shall  be  good  to  pass  the  title  thereto  as  against 
every  person,  except  the  plaintift",  or  his  assignee,  without  no- 
tice.    The  ratification  by  the  ])]aintirt'  shall  estop  him   also  from 
denying  the  transfer.     The  receiving  of  the  money  shall  be  such 
a  ratification. 


ARTICLE  VI. 

OP  CONFESSION  OF  JUDGMKNT. 

Sectio!!.  1  Section. 

3518.  Confession — when  allowed.  3520.  Right  of  confession  and  appeal. 

3519.  Judge  may  confess  m  his  court. 

conf.>88ion  §  3518.  No  coufessiou  of  judgment  shall  be  entered  up  but  in 
-ihSmit.be  county  where  the  defendant  resided  at  the  commencement  of 
iSwe"/'  the  action,  except  expressly  provided  for  by  law,  nor  unless  the 
cause  has  been  regularly  sued  out  and  docketed  as  in  other  ca- 
ses, 
jndee  may  §8519.  A  Judge  of  the  Superior  Court,  Justice  of  the  Infe- 
mentTn^his"  rior  Court,  or  Justice  of  the  Peace,  may  co^ifess  a  judgment  in 

own  court     ,  . 

his  own  court. 
Eifihtof  §3520.  Either  party  has  a  right  to  confess  a  judgment  with- 

anVaifpeal    out  the  couscnt  of  liis  adversary,  and  appeal  from  such  confession 
th«refrom.    ^jj-Jjqj^j;  rescrviuo;  the  right  so  to  do. 


PT.  3. — TIT.  4.— CHAP.  1. — Verdict  and  Judgment.  661 

Article  7. — Of  Dormant  Judgments  and  Revival  thereof. 

APvTICLE  YII. 

OF  DORMANT  JUDGMKNTS  AND  REYIVAL  THP:RK0F. 

Section.  'Skctiox. 
^521.  Judgments  need  no  renewal.  3525.  From  wlicnco  issued. 

3522.  Revival  of  dormant  judgments.  I  3526.  Revival  against  non-residents. 

.'?.523.  Debt  on  dormant  judgments.  I  3527.  Judgment— when  taken. 

3524.  ^c*re/aa'o-s  to  revive.  I  3528.  jSc»>e /ac?<w  in  favor  of  assignee. 

S3521.  Judocmeiits  need  not  be  renewed  c»n  the  court  roll.        Need  not  b« 

o  D  renewed. 

^3522.  When  any  iuderment  obtained  in  any  court  of  this  Dormant. 

^  .  ,      ,,  1  -1  1  1  J  T-     judgments 

State  IS  or  shall  become  dormant,  the  same  n)ay  be  renewed  by  may  be  re 
action  of  debt  or  scire  facias  at  the  option  of  the  plaintiff. 

§  3523.  If  the  action  of  debt  be  adopted,  it  must  ])e  1>i'0"glit  ^^^t^"^''^^^ 
in  the  county  where  the  defendant  resides  at  the  commencement  ^jj^'^^^j^*"^® 
of  the  action. 

§3524.  Scire  faei(h'<  to  revive  a  judgment   is  not  an  original '*'>«/«''''a« 
action,  but  the  continuation  of  the  suit  in   which  the  judgment 
was  obtained. 

§3525.  A.  ncire  facias  to  revive  a  dormant  judgment  in  \\\e .scire /aeian 
Superior  or  Inferior  Courts,  must  issue  from  and  be  returnable  where  to  is- 

1  .•     1  •  1  •    1       1        •      1  1  i.    •       J    sue  from,  &« 

to  the  court  oi  the  county  m  which  the  judgment  was  obtamea, 
shall  be  directed  to  all  and  singular  the  Sheriffs  of  this  State, 
and  signed  by  the  Clerk  of  such  court,  who  shall  make  out  copies 
thereof,  which  shall  be  served  by  the  Sheriii'  of  the  county  in 
which  the  party  to  be  notified  may  reside,  twenty  days  before 
the  sitting  of  the  court  to  which  it  is  made  returnable,  and  the 
original  returned  to  the  Clerk  of  the  court  from  which  it  issued 
and  an  original  and  copy  shall  issue  for  each  county  in  which 
any  party  to  be  notified  may  reside. 

^  3526.  If  the  defendant,  or  party  to  be  notified,  resides  out  of  iicvivai  of 
this  State,  a  dormant  judgment  may  be  revived  against  such  de-  agafnst  non- 

c       -t  1  .  ''"•11  "  •  1   •      residents. 

lendant  or  his  representative,  by  such  process  as  is  now  issued  m 
cases  where  the  defendant  resides  in  this  State  ;  Promded^  the 
defendant  or  party  to  be  notified  be  served  with  scire  facias^  by 
publication  in  some  public  gazette  of  this  State,  once  a  month 
for  four  months  previous  to  the  term  of  the  court  at  wdiicli  it  is 
intended  to  revive  said  judgment;  which  service  shall  be  as  effec- 
tual in  all  cases  as  if  the  defendant  or  person  to  be  notified  had 
been  personally  served. 

§  3527.  In  all  cases  of  scire  facias  to  revive  a  judgment,  when 
service  has  been  perfected  as  herein  provided,  such  judgment 


662  PT.  3. — TIT.  4. — CHAP.  1. — Verdict  and  Judgment. 


Article  7. — Of  Dormant  Judgments  and  Revival  thereof. 


Judgment  of  may  be  revived,  on  motion,  at  the  tirst  term  without  the  inter- 
whenVbe    vcntion  of  a  jury,  unless  the  defendant  shall  put  in  an  issuable 

plea,  in  which  case  the  defendant  shall  be  entitled  to  a  trial  by 

a  jury  as  in  other  cases. 
Scire  facioH      §3528.  The  «a>d /acias,  wliGU  the  judgment  has  been  trans- 
n  favor  of    feared,  shall  issue  in  the  name  of  tlie  original  plaintifl'  for  the  use 

assignee.  ^  ^  r?  i 

of  the  transferee. 


TITLE  V. 

OF  APPEALS. 


CHAPTEPv  I. 

OF  APPKAIA 

Article  1.  In  what  cases  allowed. 

Article  2.  When,  by  whom,  and  how  entered. 

Article  3.  Effect  of  appeals. 

Article  4.  How  and  when  tried. 


ARTICLE  I. 

IN  WHAT  CASKS  ALLOWED. 

Section.  Section. 

3529.  When  either  party  may  appeal.         3531.  No  appeal  on  collateral  issuer. 

3530.  Appeal  from  Court  of  Ordinary.       !  3532.  How  collateral  issues  tried. 

Either  party     §  3529.  In   all   civil   cases   (except   as   hereinafter   provided) 

may  appea .  ^^^^xq^xi  a  vcrdict  is  rendered  in  the  Inferior  Court,  or  by  a  petit 

jury  in  the  Superior  Court,  and  on  all  confessions  of  judgments 

in  either  of  said  courts,  either  party  may,   as  a  matter  of  right, 

enter  an  appeal. 

An  appeal        §  3530.  An  appeal  lies  to  the  Superior  Court  from  any  deci- 

citiou"^  Or- sion  made  bv  the  Court  of  Ordinary,  except  an  order  appointing 

dinary.  '      ,       .     . 

a  temporary  administrator. 
No  appeal        §  3531.  Ko  appeal  shall  be  allowed  in  collateral  issues  ordered 
lowed  on  '   by  the  court ;  but  the  Superior  Court  may,  in  its  discretion,  grant 
OTee!  ^^   ^  a  new  trial  upon  such  terms  as  shall  appear  reasonable  and  just ; 
and  when  such  collateral  issue  is  tried  in  the  Inferior  Court,  if 
eaid  court  is  dissatisfied  with  the  verdict,  they  may  permit  an  ap- 
peal to  the  Superior  Court,  at  their  discretion. 


PT.  3.— TIT.  5.— CHAP.  1.— Appeals.  663 

Article  1. — In  what  cases  allowed. 

§3532.  All  collateral    issues   in  the   Superior  Court,  unless  How  such  is- 

,,.,,..  -»-r     sues  shall  be 

otherwise  directed  by  law,  shall  be  tried  by  a  special  jury.     No  tried. 
appeal  shall  be  allowed  on  a  verdict  rendered  on  a  dilatory  plea 
filed,  unless  by  express  leave  of  the  court,  granted  on  motion. 


ARTICLE  11. 

WHEN,  BY  WHOM  AND  HOW  ENTERED. 


Section. 

3533.  When  appeal  shall  be  entered. 

3534.  Sundays  and  holidays  not  counted. 
3635.  By  whom  appeal  may  be  entered. 

3536.  Cost  must  be  paid  and  bond  given. 

3537.  Attorney  may  sign  for  principal. 

3538.  By  joint  contractors  &  corporations. 

3539.  One  or  more  may  appeal.  j   3547.  Appeals  from  Inferior  Court 

3540.  Wlio  and  how  liable  on  appeal.       I 


Section'. 

3541.  Security  paying  debt  has  re€ourse. 

3542.  Executors,  &c.  need  not  pay  costs. 

3543.  Insolvent  may  appeal  by  afiSdavit. 

3544.  Appeals  from  Ordinary,  costs  paid. 

3545.  Ordinary  to  send  up  proceedings. 

3546.  Application  made  to  Clerks. 


§  3533.  Appeals  to  the  Superior  Court  must  be  entered  within  Most  bo  e«- 
four  days  after  the  adjournment  of  the  Court  in  which  the  verdict  four'drys.  ° 
or  judgment  was  rendered. 

§3534.  Sundays  and  holidays  shall  in  no  case  be  included   in  Sundays, &c 
the  computation  of  the  time  within  which  an  appeal  shall  be'^'"^'^''^^ 
entered. 

§  3535.  An  appeal  may  be  entered  by  the  plaintiff  or  defendant  May  be  en- 
in  person,  or  by  his  attorney  at  law  or  in  fact,  and  if  by  the  lat- tJie'rVrty  or 
ter,  he  must  be  authorized  in  writing,  which   authority  shall  be^^  a"on»y. 
filed  in  the  court  in  which  the  case  is  pending  at  the  time  such 
appeal  is  entered ;  but  if  it  is  shown  to  the  court  that  such  author- 
ity exists,  such  court  may  allow  a  reasonable  time  to  file  the 
same,  and  such  appeal  shall  be  dismissed  and  execution  issue 
without    further    order;    if   such  authority  is  not  filed    within 
the    time  allowed,  a  ratification  of  an  appeal,  unauthorized,  if 
made  in  writing,  and  filed  in  the  Clerk's  ofiice  before  the  next 
term  of  the  Court,  shall  render  the  appeal  valid. 

§3536.  The  appellant  (except  as  hereinafter  provided)  shall,  Appellant 
previous  to  obtaining  such  appeal,  pay  all  costs  which  may  havecosf^"^ 
accrued  in  the  case  up  to  the  time  of  entering  such  appeal,  and 
give  bond  and  security  for  the  eventual  condemnation  money. 

§  3537.  If  such  appeal  shall  be  entered  by  the  attorney  at  law  Attorney 

,        ,  '■  ^  •'  "  may  sign  for 

or  in  tact,  he  may  sign  the  name  of  the  principal  to  said  appeal  p'-'ncipai. 


664  FT.  3.— TIT.  5.— CHAP.  1.— Appeals. 


Article  2. — When,  by  whom  and  how  Entered. 


bond,  and  the  principal  shall  be  bound  thereby  as  though  he  had 
signed  it  himself. 
Any  partner     §  353S.  When  sevcral  partners  or  joint  contractors  sue  or  are 
tractor*may  sued  as  sucli,  auy  one  of  said  partners  or  joint  contractors  may 
^^^^'^         enter  an  appeal  in  the  name  of  such  iirni  or  joint  contractors,  and 
sign  the  name  of  such  firm  or  joint  contractors  to  the  bond    re- 
quired by  law,  which  shall  be  binding  on  the  firm,  and  such  joint 
contractors,  as  though  they  had  signed  it  themselves ;  and  in  case 
Corporations  of  corporations,  the  appeal  may  be  entered  by  the  President  or 

may  appeal  ^  i  .  •  i  i 

by  President  any   agcut  tlicrcof  managing  the  case,  or  by  the   attorney  of 

record. 
One  or  more      §3530.  Whcu  tlicrc  sliall  be  more  than  one  partv,  i^laintift'  or 

may  appeal.    ,     ,       ,  .       •  i  •  i    •       •  *'•  i     »       i 

defendant,  and  one  or  more  of  said  parties,  piaintin  or  defendant, 
desires  to  appeal,  and  the  others  refuse  or  fail  to  appeal,  such  party, 
plaintiff  or  defendant,  desiring  to  appeal  may  enter  an  appeal 
under  such  rules  and  regulations  as  are  i)rovided  in  this  Code. 
All  shall  i.e      §3540.  Ui)on  tlie  appeal  of  either  party,  idaintiff  or  defendant, 

bound  l.yli-        *  .  ,     ,    .  ,  ^      .  .  1,1  1,1,, 

nai  jndK-     Hs  pi'ovidcd  ill  the  previous  section,  tlie  whole  record  sliall  be 

ment  ^  ,  ,  , 

taken  up  and  all  shall  be  bound  by  the  final  judgment,  but  in 
case  damages  shall  l)c  awarded  upon  such  appeal,  sucli    diimages 
shall  onl}'  be  recovered  against  the  party  appealing  and  his  secu- 
rit}',  and  not  against  the  party  failing  or  refusing  to  appeal. 
Security  lias      §3541.  Sucli  sccui'ity  shall  be  bouud  for  the   iudgment  on  the 

recourse  '-  "^  J       r< 

against  the  appeal,  aiid  ill  casG  any  sucli  sccurity  sliall  bo  compelled  to  pay 
off  the  debt  or  damages  for  which  judgment  may  be  entered  in 
the  cause,  he  shall  have  recourse  only  against  the  party  for  whom 
he  became  security. 

Executors,        §3542.  Exccutoi's,  administrators,    and  other  trustees,    when 

Ac.  may  ap-        "  n       -i 

peal  without  sued  as  such,  or  defendiiifr  solelvthe  title  of  the  estate,  may  enter 

paying  costs,  ;  ...  . 

*«•  an  appeal  without  paying  costs  and  giving  bond  and  security  as 

hereinbefore  required  ;  but  if  a  judgment  should  be  obtained 
against  such  executor,  administrator  or  other  trustee,  and  not  the 
assets  of  the  estate,  he  mu.-it  pay  costs  and  give  security  as  in 
other  eases. 

When  party      §  3543.  Wlicu  auv  partv,  plaintiff  or  defendant,  in  an}'  suit  at 

is  unable  to ,  .  •  i"    1 1   i     "  ,  i  i        • 

pay  cost,  &c  law,  or  111  equity,  sJialJ  be  unable  to  pay  costs  and  give  security 
as  hereinbefore  required,  if  such  party  will  make  and  file  an  affi- 
davit in  writing  that  he  is  advised  and  believes  that  he  has  good 
cause  of  appeal,  and  that  owing  to  his  poverty  he  is  unable  to  pay 
the  costs  and  give  the  security  required  by  law  in  cases  of  appeal, 


FT.  3.— TIT.  5.— CHAP.  1.— Aiteals. 


Article  2. — When,  by  whom  and  how  Entered. 


such  party  shall  be  permitted*  to  enter  an  appeal  without  the 
payment  of  costs  or  giving  security  as  hereinbefore  required. 

§  3544.  In  all  cases  in  the  Court  ot  Ordinary,  tlie  partv  desir-  From  Or<ii- 
msc  to  appeal,  nis  attorney  at  law  or  in  lact,  sliall  pay  all  costs  must  be 

1  1  1  1-1  1  1  •  1        ^       T  paid.  Ac. 

that  may  have  accrued  and  give  bond  and  security  to  the  Ordinary 
for  such  furtlicr  costs  as  may  accrue  by  reason  of  sucli  appeal ; 
this  being  done,  the  appeal  shall  be  entered. 

§  3545.  When  an  appeal  has  been  entered  in  the  Court  of  Or-  Must  be 
dinary,  it  shall  be  the  duty  of  such  Ordinary  to  transmit  the  same  ten  days  be- 
to  the  Clerk  of  the  Superior  Court  of  the  county  in  which   such 
proceedings  may  have  been  had,  at  least  ten  days  before  the  next 
Superior  Court  of  said  county,  to  be  there  tried  as  other  appeals. 

§  3540.  All  applications  to  enter  an  appeal  in  the  Superior  or  Application 
Inferior  Courts  shall  be  made  to  the  Clerks  respectively,  except  in  made  to  the 
collateral  issues  tried  in  the  Inferior  Court  by  order  of  the  court, 
in  which  case  tlic  application  must  be  made  to  said  court. 

S  3547.  When  an  apijeal  shall  be  entered  from  a  verdict  in  the  ho^  t^ns- 

"      ,  '^  ^  mittod  from 

Inferior  Court,  it  shall  be  the  duty  of  the  Clerk  thereof  to  trans-  inferior  to 

'  •'  .Superior  Ct. 

nut  the  same  to  the  Clerk  of  the  Superior  Court  of  the  county  in 
which  the  verdict  was  obtained,  by  whom  it  shall  be  entered  on 
the  appeal  docket  and  there  tried  as  other  appeals. 


AKTICLE  III. 

EFFECT  OF  APPEAL. 

Section.  jSectiox. 

3548.  Investigation  on  appeal.  '   .^550.  Appeals — how  withdrawn. 

3549.  Appeal  suspends  judgment. 

§  354S.  An  appeal  to  the  Superior  Court  is  a  de  novo  investi-  Appeal  de 

Ti-  111  1.  1  -1  ^"^"^  inves- 

ffation.     It  brings  up  the  whole  record  from  the  court  below,  and  tisation  ot 

-,■,  .,.,..,,  whole  case. 

all  competent  evidence  is  admissible  on  the  trial  thereof,  whether 
adduced  on  a  former  trial  or  not ;  either  party  is  entitled  to  be 
heard  on  the  whole  merits  of  the  case. 

§3549.  An  appeal  suspends,  but  does  not  vacate  judgment,  Effects  of 
and  if  dismissed  or  withdrawn,  the  rights  of  all  the  parties    are*^^*' 
the  same  as  if  no  appeal  had  l)een  entered. 

§  3550.  No  person  shall  be  allowed  to  withdraw  an  appeal  after  cannot  be 
it  shall  be  entered,  but  by  the  consent  of  the  adverse  party. 


^i 


FT.  3.— TIT.  5.— CHAP.  1.— AprEALS. 


Article  4. — How  and  when  Tried. 


AETICLE  IV. 

HOW  AND  WHEN  TRIED. 

Section.  '  Sectiox. 

3551.  Trial  of  appeals.  j   3552.  Frivolous  appeals. 

Tried  by  §  3551.  All  appeals  to  the  Superior  Courts  shall  be  tried  by  a 

specia  J"'^- gpg^-^l  j^^j.^,  ^^  ^jjg  gj.gj.  ^gj.j-j^  after  tlie  appeal  has  been  entered^ 

unless  good  cause  be  shown  for  a  continuanoe. 
Damages  for  §3552,  If  upon  tlio  trial  of  au}' a))i»eal  it  shall  appear  to  the 
peals.  jury  tliat  the  appeal  was  frivolous  and  intended  for  delay  only, 
they  shall  assess  damages  against  the  ajipcllant  and  liis  security^ 
(if  any)  in  favor  of  the  respondent  for  sucli  delay,  not  e.xceeding 
twenty-five  per  cent,  on  the  principal  suni  which  tliey  shall  find 
due,  which  damages  shall  be  specially  noted  in  their  verdict. 


TITLE  VI. 

OP  EXECUTIONS. 
Chaptek  1.  Of  Different  kind  of  executions. 
Chapter  2.  Of  the  stay  of  executions. 
Chapter  3.  Of  the  illegality  of  executions. 
CuAi'TER  4.  Of  forthcomino:  bonds. 


CHAPTER  I. 

OF  DIFFERENT  KINDS  OF  EXECUTIONS. 

Article  1.  When  and  how  issued  and  returned. 

Article  2.  Of  tlie  levy  and  proceedings  thereon. 

Article  3.  Of  sales  under  execution — when  and  how  made. 

Article  4.  Of  the  satisfaction  of  executions. 


APwTICLE  I. 

WHEN  AND  HOW  ISSUED  AND  RETURNED. 

Section.  ;  Section. 

3553.  How  issued  and  on  what  levied.        3558.  Must  follow  the  judgment. 

3554.  When  Sheriff  is  a  party.  3559.  Ejectment — writ  of  possession. 

3555.  Affidavit  to  obtain  ca.  sa.  ."560.  Not  to  issue  against  3d  person.a 

3556.  When  yz. /(I.  or  ca.  5a    may  issue.    3561.  Judge  may  frame  executions. 

3557.  Returnable  to  next  term. 


PT.  3.— TIT.  6.— CHAP.  1.— Executions.  667 

Article  1. — When  and  how  Issued  and  Reiiirned. 

§  3653.  Executions  (except  as  hereinafter  provided)  shall  be  is-  Exccntions 

11  1        y^i      1  11  1  •  1  •    1     ■      1  must  be  is- 

sued by  the  Clerks  ot  the  several  courts  in  which  luderment  shall  s'>»<i  by  ih» 

*'.  .  ,  ^  clerks,  bear 

be  obtained,  and  bear  test  in  the  name  ot  one  of  the  Judges  or  tost  in  the 

~  name  of 

presidinfr  Justices  of  such  court,   and  sliall  bear  date  from  the  •'"''?''  <>■• 

,  .  •Instico,  and 

time  of  their  issuing,  and,  (except  as  hereinafter  provided,)  shall  ||^*}^*^**ct<'^^ 
be  directerl    ''to  all  and  singular  the  Sheriffs  of  this  State  and '"'»• 
their  lawful  deputies,"  and  may  be  levied  on  all  the  estate,  bothon  what  to 
real  and  personal,  of  the  defendant,  subject  to  levy  and  sale,  ^^ '*^'**^" 
or  they  may  issue  as-ainst  the  bodv  of  such  defendant  at  the  op-  ^''»7  's^"* 

''  -^  ^  .'  X     against  the 

tion  of  the  plaintiff  or  his  attorney.  ^'"^y- 

§  3554.  All  executions,  orders,  decrees,  attachments  for  con-  when  sher- 
tempt  and  final  process,  to  be  issued  by  the  Clerks  of  the  Supe-t-be  direct- 

•  T    !•     •        /^  '       .  f-  •  r^-,  m  ^      ed  to  C«ro- 

rior  or  inferior  Courts  in  favor  of  or  against  any   Sheriff  of  this  •'<''•  "n"^ »» 

1-^  other  Sher 

State,  shall  be  directed  to  the  Coroner  of  the  county  in  which  ''''»• 
said  Sheriff  may  reside,  and  to  all  and  singular  the  Sheriffs  of 
the  State,  except  the  Sheriff  of  the  county  in  which  the  inter- 
ested Sheriff  may  reside,  which  may  be  levied,  served  and  re- 
turned by  the  Coroner  or  other  Sheriff,  or  a  Constable   of  the  May  be 
county,  at  tlie  option  of  the  plaintiff  or  tlie  party  seeking  the  c^rstabie.* 
remedy. 

§  3555.  When  the  plaintiff,  or  his  attorney,  desires  an  execu-  Afti.iavit  to 
tion  against  the  body  of  a  defendant,  the  plaintiff  shall  file  with  cutfdn  a-''*' 
the  Clerk  of  such  court  or  with  the  Justice  of  the  Peace,  as  theb'oTy. 
case  may  be,  an  aiSdavit  stating  that  he  has  just  cause  to  believe 
that  the  defendant  has  money  or  property  of  his  own,  within  his 
power  or  control,  which  cannot  be  reached  by  Ji.  fa.  (other  than 
that  allowed  by  law,)  or  that  the  defendant  has  property  beyond 
the  jurisdiction   of  the  court  in  which  the  judgment  was  ob- 
tained, or  that  the  defendant  is  able,  out  of  his  own  property,  to 
pay  the  plaintiff's  debt,  and  willfully  refuses  so  to  do,  and  in  ev- 
ery case  the  affidavit  must  state  of  what  the  property  consists, 
and  particularly  describe  the  same. 

§  3556.  A  Ji\  fa.  or  ea.  sa.  may  issue  at  any  time  after  a  yer- M./a.or*a. 
diet  is  rendered  and  judgment  entered  thereon,  but  if  it  is  issued  IVltlny' 
before  the  expiration  of  the  time  allowed  for  entering  an  appeal,  wlTle  sus- 
the  same  will  be  suspended  on  tlie  entering  of  an  appeal  by  ei- IiT-peaf  ^^ 
ther  party. 

§  3557.  All  executions,  except  as  otherwise   provided  by  this  iietumaiie 
Code,  shall  be  made  returnable  to  the  next  term  of  the  court""'' 
from  which  they  issued  respectively. 


668  FT.  3.— TIT.  6.— CHAP.  1.— Executions. 


Article  1. — When  and  how  Issued  and  Returned. 


Mast  follow     §  3558.  All  executions  must  follow  the  judgment  from  which 
men "  ^      thev  issued,  and  describe  the  parties  thereto  as  described  in  such 

judgment. 
Upon  judg-     §3559.  When  a  verdict  in  ejectment  shall  be  rendered  in  fa- 
ejectment    vor  of  the  plaintiff,  and  a  ludgment  entered  thereon,  the  Clerk 

cases, writ  '■         •,     ,,   .  .        ,.  .  •  i  •    i       i        y-^ii      i 

of  posses-    of  such  court  shall  issue  a  writ  oi  possession,  in  which  the  Clerk 

sion  issues  ,  •  i        01         •  y> 

with  a  clause  g]i  all  incoi'poratc  a  clause  directini'  the  Sherili  to  collect,  by  levy 

to  collect  i  "  '      y  »/ 

"lesnCjPro-  j^jjj  ^r^jg  (jf  ti^.  defendant's  property,  all  such  sums  of  money 
*^^^-  as  by  the  finding  of  the  jury  shall  luivc  been  awarded  to  such 

plaintiff  in  ejectment  as  mesne  profits  and  costs. 
Writs  of  8  3560.  The  writ  of  possession  shall  not  issue  against  third 

jiossession  '-'  ,•'■,  ^  •    i  1  •  > 

not  to  issue  persous  iiot  kuowu  in  the  suit  on  Avhich  such   writ  ot  possession 

against  8(1      •'  ^  _  ^      _  •' 

vorsons.       jc-  fouudcd,  iior  put  in  possession  by,  nor  claiming  under   or  by 

virtue  of,  any  conveyance  from  the  defendant  in  such  suit. 
TboJudpe        S3561.  The  Judge  of   any  Superior  Court  may  frame  and 

may  frame  ^  ,        .  ,   ,  ,        ^,      1  ...  . 

4-xecutionf.  causc  to  bc  issucd  by  tlie  Clerk,  any  writ  ot  execution   to  carry 
into  effect  any  lawful  judgment  or  decree  rendered  in  his  court. 


ARTICLE  II. 

OF   CA.  SAS.—UOV;  EXECUTED.  AND  PROCEEDINGS  THEREON. 
Section.  Section. 


.'5562.   Ca.  .srt.  returned,  _fi.  fa.  may  issue. 
3563.  Defendant  may  be  released — how. 


3566.  Place  of  arrest  and  imprisonment. 

3567.  Damages  for  escapes. 


3561.  Di.ichargo  of  person  no  satisfact'n.  j  3568.  From  insufficient  jaiJ,  Co.  liable. 
3565.  When  defendant  escapes. 

<«r. M.mav      §3562.  Wlicu  a  ca.  sa.  shall  have  issued,  and   the  same  shall 
and /./<:.    uot  havc  bccu  cxccuted,  an  execution  may  issue  against  the 

property  of  the  defendant  on  the  return  of  said  ca.  sa. 
whendefon-  §3563,  Whcii  a  t'ff.  6a.  sliall  havc  been  served,  the  party  on 
rc^ed!he  ^vhom  the  same  shall  have  been  served,  shall  be  released,  provi- 
leMedon^  dcd  he  shall  deliv^er  to  the  officer  serving  the  same,  property 
propertV  to  wliich  will,  iu  the  opinion  of  such  officer,  be  sufficient  to  satisfy 
enfficicnt'to  thc  debt  and  all  costs,  and  give  bond  and  sufficient  security  to 
and  costs,     tlic  officcr  making  the  arrest,  that  the  property  so  delivered  is 

7>07ia  fide  the  property  of  the  defendant  and  subject  to  no  prior 
Officer  to  lien  to  the  discharge  of  the  said  debt  and  costs ;  in  which  case 
^/a?and  the  officcr  shall  return  the  ca.  sa.  so  issued,  and  take  out  an  exe- 
eei^theprop-  ^^^^tion  agaiust  the  property  of  such  defendant  and  advertise  and 

sell  the  property  so  delivered  up,  to  satisfy  such  execution  and 

all  costs. 


PT.  3.— TIT.  t).— CHAP.  1.— Executions.  669 


Article  2. — Of  Ca,  Sa's. — how  Executed  and  Proceedings  thereon. 

§3564.  In  all  cases  where  a  debtor  may  have  been  arrested  Arrost and 
under  a  ea.  sa.  and  is  afterwards  discharged  from  such  arrest,  ei-— without 
ther  by  the  authority  of  the  plaintiff  or  otherwise,  without  the  i»  n<>t  •»  sat- 

111-  -1  1  J     T      1  1      11  isfaotion  of 

debt  bemg  paid,  such  arrest  and  discharge  shall  not  operate  as  a  the  debt. 
satisfaction  of  the  debt,  but  the  debtor's  property  shall  still  be 
liable  to  the  judgment  as  though  no   arrest   had   been    made  ; 
Provided,,  the  otticer  making  such  arrest  shall  endorse  on  such  officer  shaii 
ca.  sa.  that  the  defendant  was  discharged  from  arrest  without  pay- "ITca.'sa.'^^ 
ing  the  amount  due  on  such  ca.  sa.     The  plaintiff  cannot  release  Daintiif 
a  defendant  arrested  under  ca.  sa.  so  as  to  proceed  against  his  [ea"8e'«uh- 
property  without  the  consent  of  such  defendant.  ""'  *'°°®*"'^- 

§  3565.  Whenever  any  officer  shall  arrest  a  defendant  on  a  ca.  if  defendant 
.s-a.  and  such  defendant  shall  make  his  escape,  and  said  officer  ofncIT pays 
shall  be  compelled  to  pay  the  amount  due  on  said  ca.  sa.  by  rea-  \wJhl}\hly% 
son  of  said  escape,   such   officer  shall   have  the  control   of  thethe.^/s. /». 
fieri  fa/iias  issued,  or  to  be  issued  on  the  judgment  upon  which 
said  oa.  sa.  is  founded,  for  the  purpose  of  re-imbursing  himself 
out  of  the  property  of  the  defendant,  and  the  said  arresting  offi- 
cer shall  control  said  fieri  facias  in  as  full  and  ample  a  manner 
as  the  plaintiff  in   said  fiei'i  facias  might  or  could  have   done, 
had  said  ca.  sa.  never  issued,  or  had  the  money  due  on  said 
judgment  not  have  been  paid  by  such  officer  ;  Pravided,  that  the 
court,  by  whose  order  or  judgment  such  officer  shall  be  required  r.y  order  of 
to  pay  the  amount  due,  shall  pass  an  order  giving  such  control.  ^""'■'■ 

§  3566.  Whenever  any  decree,  order,  ca.  sa.,  attachment  for 

"  1  M        1  Ollicer  may 

contempt  or  other  hnal  process,  directed  as  required  by  this  Code,  ="'•'■«*  wher- 

iniii'ii  ever  deten- 

shall  be  placed  in  the  hands  of  any  Sheriff' or  other  arrestiuix 'i'"'^*'""^^ 

^  ^  -^  f^  found. 

officer,  and  under  and  by  virtue  of  said  process  it  shall  become 
the  duty,  under  the  laws  of  this  State,  for  said   Sheriff  or  other 
officer  to  imprison  any  defendant  or  other  delinquent,  it  shall  be 
the  duty  of  such  Sheriff  or  other  officer  to  arrest  such  delinquent 
wherever  found,  and  it  shall  be  his  duty  to  imprison  him  in  the  And  im- 
county  where  such  arrest  was  made,  or  in  the  county  where  the  thli"t"c..unty 
arresting  officer  may  reside,  at  the  option  of  the  party  requiring  ty  of' thT^-* 
the  services  of  such  Sheriff  or  other  officer.     If  there  is  no  jail,  Zl]'""  "* 
or  the  jail  is  insufficient,  the  person  arrested  may  be  imprisoned 
in  the  jail  of  an  adjoining  county. 

§  3567.  In  all  cases  of  escape  of  persons  arrested  for  debt,  by  a  in  cases  of 
Sheriff  or  other  officer,  the  measure  of  damages  for  the  plaintiff'm'Xr'  of 
against  the  officer,  shall  be  the  actual  loss  sustained  by  the  plain-  av"^'n,sTtiie 
tiff,  unless  it  shall  appear  that  the  officer  voluntarily  permitted  nctimi  loss.* 


g70  FT.  3. — TIT.  6. — CHAP.  1. — Executions. 


Article  2. Of  Ca.  Sa's. — how  Executed  and  Proceedings  thereon. 

the  escape,  or  connived  at  it,  or  was  guilty  of  great  negligence, 
in  wliicli  case  he  shall  pay  the  fall  amount  due  to  the  plaintifi'. 
Escape  by        §  3568.  If  the  escape  was  effected  by  reason  of  the  insutiiciency 
Tnsuffidencyof  the  jail,  the  creditor  may  recover  of  the  county  the  same 
Ti&e!""  amount  which  he  could  have  recovered  of  the  Sheriff  for  an  in- 
voluntary escape. 


ARTICLE  III. 

OF  FI.  FAS.— HOW  LEVIKD  AND  PROCEEDINGS  THEREON. 

Section. 

3572.  Notice  of  levy  on  land. 

3573.  Land  where  sold  exception. 

3574.  CcMistable  IcvTing  onland,  Ac. 


Section. 

3569.  What  levy  must  contain. 

3570.  On  what  to  be  levied  first. 

3571.  Growing  crops  exempt-exceptions 


Lo    must       §  Sbij9.  The  officer  making  a  levy  sliall  always  enter  the  same 
mfert'  Ac  on  the  process  by  virtue  of  which  such  levy  is  made,  and  in  such 

entry  shall  plainly  describe  tlie  property   levied  on,   and    the 

amount  of  the  interest  of  defendant  therein. 
Proportvin       §3570.  Whcu  a  defendant  in  Jl.fa.  shall  point  out  any  prop- 
Eiian't "  ertv  on  which  to  levy  the  execution,  such  property  being  in  the 

first  lovioil  •'  .  ,.  ^  i       .L      il        •     J  i.  i' 

OB-  hands  or  posession  ot  a  person  not  a  party  to  the  judgment  from 

which  such  execution  issued,  the  Sheriff  or  other  officer  shall  not 
levy  thereon,  but  shall  proceed  to  levy  on  such  property  as  may 

Defendant    Tjo  fouud  iu  the  liauds  and  possession  of  the  defendant,  who  shall 

m.^y  point  .  ,  ••    i  • 

^^.  nevertheless  be  at  liberty  to  point  out  what  part  ot  Ins  property 

he  may  think  proper,  which  the  Sheriff  or  other  officer  shall  be 
bound  to  take  and  sell  first,  if  the  same  is,  iu  the  opinion  of  such 
levyins:  officer,  sufficient  to  satisfy  such  judgment  and  costs. 
Growing  §  3571.  No  Sheriff'  or  other  otlicer  shall  levy  on  any  growing 

b^Tevi'fi^on  crop  of  com,  wheat,  oats,  rye,  rice,  cotton,  potatoes,  or  any  other 
tnreli."'"""     crop  usually  raised  or  cultivated   by  the  planters  or  farmers  of 
this  State,  nor  sell  the  same  until  such  crop  shall  be  matured  and 
fit  to  be  gathered;  Provided,  this  provision  shall  not  prevent  any 
Bseeptions.  ^^^^.-^^^  officer  iVom  levying  on  and  selling  crops  as  heretofore 
practiced  in  cases  where  the  debtor  absconds,  or  removes  from 
the  county  or  State,  or  from  selling  growing  crops  with  the  land. 
Lerying  .n      §  3572.  The  officcr  levying  on  land  under  an  execution,  shall 
^eSe    within  five  days  thereafter  leave  a  written  notice  of  such  levy 
nflT«  'i»r'»- ^^,.^j^  ^j^g  tenant  in  possession  of  the  land,  if  any,  or  with  the  de- 
fendant if  in  the  county,  or  transmit  such  notice  by  mail  to  the 
defendant  within  the  time  aforesaid. 


FT.  3.— TIT.  6.— CHAP.  1.— Executions.  671 


Article  3. — Fi.  Fa's. — how  Levied  and  Proceedings  thereon. 


§  3573.  A  Sherift*  or  other  levyino;  officer  shall  not  sell  land  out  officomotto 
of  the  county  in  which  he  is  Sheriff,  or  such  officer,  except  when  of  his  county 
the  defendant  in  execution  shall  own  a  tract  or  tracts  of  land 
divided  by  the  line  of  the  county  of  his  residence,  in  which  case 
it  may  be  sold  in  the  county  of  his  residence,  or  if  such  tract  of 
land  is  in  other  than  that  of  the  defendant's  residence,  it  may  be  .. 

'  ■'  Notice  of 

levied  on  and  sold  in  either  county;  and  in  all  cases  of  levvino- '•:'>'"'»»•■  ^e 

"    '  .         r"  given. 

on  land,  written  notice  of  such  levy  must  be  giveu  to  the  tenant 
in  possession,  and  to  the  defendant  if  not  in  possession. 

§  3574.  No  Constable  (except  as  provided  by  this  Code)  shall  wi.on  mii 
be  authorized  to  levy  on  any  real  estate  or  negroes,  unless  there  ^rols"  sITaiT 
is  no  other  personal  estate  to  be  found   sufficient  to  satisfy  the  "Ik  ^*''''^'"'*' 
debt,  or  such  real  estate  or  negroes  being  in  the  possession  of  the 
defendant,  were  pointed  out  by  such  deferi<fant,  which  he  has  a 
right  to  do,  and  then  such  Constable  is  authorized  to  lev^y  on  such 
real  estate  or  negroes,  if  to  be  foi-nid  in  his  countv,  and  deliver 

,  .  1        oi        -A'      /•     1  '  Hunt  roturn 

over  the  execution  to  the  fehenii  ot  the  countv,  with  a  return  of  ^^fotion  to 

1  1-1  1111  '  Slu'ritl'. 

the  property  levied  upon,  who  shall  proceed  to  advertise  and  sell 
the  same  as  in  case  of  levies  made  bv  himself 


ARTICLE  IV. 

OF  SALES  FNDER  P:X1CCUTI0X— WHEN  AXD  WHERE  MA.DE. 

Section.  iSectton. 

3575.  Place,  time,  and  manner  of  sales.        .loSO.  "U'idrnv  claiming  dower  and  lessee, 

3576.  Notice  of  Sheriff  sales.  358L  Execution  for  purchase  money. 

3577.  Change  of  advertising.  |  3582.  Purchaser  failing  to  comply. 

3578.  Purchaser  to  be  put  in  possession.!'  3583.  Action  against  purchaser. 

3579.  May  be  obtained  by  order  of  court.  1     . 

§3575.  No  sales  shall  be  made  by  Sheriffs  or  Coroners,  of  nace.  time 
property  taken   under  execution,  but  at  the  court-house  of  the"? ^'^"'-•s"''^' 
county  where  such  levy  was  made,  on  the  first  Tuesday  in  each 
month,  and  between  the  hours  of  ten  A.  M.,  and  four  P.  M.  and 
at  public  outcry. 

§  3570.  It  shall  be  the  duty  of  the  Sherift*  and  Coroners  to  give  Thirty  days' 
thirty  days'  notice  in  some  newspaper  published  in  their  counties  ^'i'"'-'iff'» 
respectively,  and  if  there  be  no  such  paper  published  in  the  s^'^®'-'' 
county,  then  in  the  nearest  newspaper  having  the  laro-est  or  a 
general  circulation  in  such  county,  of  all  such  sales  of  land  and 
other  property  executed  by  him,  in  which  advertisement  he  shall 
^ve  a  full  and  complete  description  of  the  property  to  be  sold, 


072  FT.  3.— TIT.  6.— CHAP.  1.— Executions. 


Article  4. — Of  Sales  under  Execution — when  and  how  made. 


"I        maldno:  known  the  name  of  the  plaintiff  and  defendant,  and  the 

What  cattle  »  •  x«  i 

mayb«  sold  p^j-gQ^  who  may  be  in  the  possession  ot  such  property  ;  except 

days' notice.  }jQj,ggg^  ]^ogs  and  cattle,  which  maybe  sold  at  any  time  by  the 

consent  of  the  defendant.     In  which  case  it  shall  be  the  ditty  of 

such  officer  to  give  the  plaintiff  ten  days'  notice  thereof,  and  also 

to  advertise  the  same  at  three  or  more  public  places  in  the  county 

where  such  property  may  be,  at  least  ten  days  before  the  sale. 

Notice  of         §3577.  No  Sheriff,  Coroner,  or  other  officer  shall  change  the 

b^gi^ve""** advertising  connected  with  his  office  from  one  pa])er  to  another, 

without  first  giving  notice  of  his  intention  to  do  so  in  the  paper 

in  which  his  advertisements  may  have  been  pul)lished. 

Officer  sell-       §3578.  Whcii  auy  Sheriff  or  otlicr  officer  shall  sell  uiiv  real 

ing  real  cs-  '  ,  ,•'  -i  i  •  •inii'i 

tate  shall      estatc,  by  virtue  of,  and  under  anv  execution,  it  shall  be  tlieduty 
ersinpos     of  sucli  Slierm,  or  other  levying  officer,  upon  application,  to  put 

session.  '  ./       c7  i  x  ±         ^  x 

the  purchaser,  his  ao;ent  or  attorney  in  possession  of  the  real  es- 
tate sold ;  J'rovided,  that  the  provisions  of  this  Code  shall  not 
authorize  the  officer  to  turn  out  any  other  person  than  the  defen- 
dant, his  heirs  or  their  tenants  or  assignees  since  the  judgment. 
Possession        §  3^79.  If  tlic  purcliascr  of  real  estate  at  Sheriff's  and  other 
toi"ed  i"y^or- Sidles  uudcr  cxecutioii,  shall  fail  to  make  application  for  possession 
do'i' conrr  thereof  until  the  next  term  of  tlie  Superior  Court  after  such  sale 
takes  place,  or  until  the  officjer  m.nflcing  such  sale  goes  out  of  of- 
fice, such  possession  can  only  be  obtained  under  an  order  of  said 
Superior  Court. 
Widow  and       §  3580.  The  widow  of  the  defendant  claiming  dower  cannot  be 
noTbcTs"    dispossessed  of  the  mansion,  nor  can  a  lessee  whose  lease  is  older 
possessed.    ^\^^^^  ^]^q  judgment  under  which  the  sale  was  made,  be  dispos- 
sessed under  the  provisions  of  the  two  precceding  sections, 
whenjudg-      §3581.  When  any  judgment  shall  be  rendered  in  any  of  the 
betn'uittain-  courts  of  this  State  upon  any  note,  or  other  evidence  of  debt  given 
purohaso'^^     for  tlic  purchasc  money  of  land,  when  titles  have  not  been  made 
™nd!'where  but  a  boud  for  titles  given,  it  shall  and  may  be  lawful  for  the  obli- 
tiesVs"^  ''  gor  in  said  bond  to  make  and  tile,  and  have  recorded  in  the  Clerk's 
deed  may  be  office  of  the  Supcrior  Court  of  the  county  wherein  the  land  lies, 
rior  Court    a  good  aud  sufficient  deed  of  conveyance  to  the  defendant  for  said 
lice,  and  the  land,  aud  if  the  said  obligor  be  dead,  then  his  executor  or  admin- 
istrator may,  in  like  manner,  make  and  file  such  deed,  without 
obtaining  an  order  of  the  court  for  that  purpose  ;  whereupon  the 
same  may  be  levied  on  and  sold  under  said  judgment  as  in  other 
cases ;  Provided^  that  the  said  judgment  shall  take  lien  upon  the 


FT.  3.— TIT.  6.— CHAP.  1.— Executions.  673 


Article  4.— Of  Sales  under  Execution — when  and  how  made. 


land  prior  to   an}' other  judgment  or  incumbrance  aj^ainst  theThisjudg- 

,    ^       ,       ,  ment  takea 

deienuant.  pnoriicn. 

§  3582.  Any  person  who  may  become  the  purchaser  of  any  real  purchaser  at 
or  personal  estate  at  an}'  sale  which  may  be  made  at  public  out-  ^ocutior 
cry  by  any  Sheriff  or  other  oflScer,  under  and  by  virtue  of  any  oom"fv?s 
execution  or  other  legal  process,  and  shall  fail  or  refuse  to  comply  thefuir 
with  the  terms  of  such  sale  when  requested  so  to  do,  shall  be  lia-puniiasc,  or 
ble  for  the  amount  of  such  purchase  money,  and  it  shall  be  at  the^■yona^e- 
option  ot  such  bheriiT  or  otlier  oincer,  either  to  proceed  against  t'<"i  of  oia- 
such  purchaser  for  the  full  amount  of  the  purchase  money,  or 
to  re-sell  such  real  or  personal  estate  and  then  proceed  against 
the  first  purchaser  for  the  deficiency  arising  from  such  sale. 

§  3583.  The  action  provided  for  in  the  preceding  section  may  Fm-m  of  ac- 
he brought  in  the  name  of  the  Sheriff  or  other  officer  making  the  Mrh^puroha- 
sale,  for  the  use  of  the  plaintiff"  or  defendant  in  execution,  or  any  *^' 
other  person  in  interest  as  the  case  may  be. 


ARTICLE  A'. 

OP  THE  SATISFACTION  OF  EXECUTIONS. 

Section.  i  Section. 

3684.   Levy  on  personalty  uuexplained.     j   358G.  Fund  applied  to  younger /j. /a. 
3585.  Release  of  property  subject.  I   3587.  Agreement  not  to  enforce  judgment 

§3584.  A  levy  upon  personal  property  sufficient  to  pay  thcAievyoa 
debt  unaccounted  for,  is  prima  facie  evidence  of  satisfaction  to  p'l^hlZ^&l 
the  extent  of  the  value  of  such  property,  and  the   dismissal  of  un'iessli^"' 
such  levy  unexplained  is  an  abandonment  of  the  lien  so  far  as''^""^ 
third  persons  are  concerned. 

§  3585.  If  the  plaintiff  in  execution  for  a  valuable  consideration  a  r.i.Me  of 
releases  property  which  is  subject  thereto,  it  is  a  satisfaction  of  subjoJt^ 
such  execution  to  the  extent  of  the  value  of  the  property   so  rc-tiouofX'/a. 
leased,  so  far  as  purchasers  and  creditors  are  concerned. 

§  35SG.  If  an  execution  creditor,  having  the  older  lien  on  a  fund  Aiiowin- 
in  the  hands  of  the  Sheriff  or  other  officer,  allows  such  fund  by  appii'a  t^' 
his  consent  to  be  applied  to  a  younger ^./k,  it  shall  be  consider- ^xtlnluyh- 
ed  an  extinguishment  ^^ro  taiito  of  such  creditor's  lieu  so  far  as  ti"r>. /a! " 
third  persons  may  be  concerned. 

§3587.  An  agreement  for  a  valuable  consideration  never  to  ^^e^-'^nent 
enforce  a   judgment    or  execution,  releases   the    iudo-ineut   or '"''=«' '••^'eas- 

*•        '='  e»  judgment 

execution.  wji./u. 

43 


674  PT.  3.— TIT.  6.— Executions. 

Chapter  2  — Of  the  Stay  of  Executions. 


CHAPTER  II. 

OF  THE  STAY  OF  EXECUTIONS. 

Sectiox.  1  Section. 

3588.  Defendant  m'ay  stay  execution.       I  .T590.  Security  to  have  control — whoa. 

3589.  Fi.  fa.  to  be  stayed  60  days. 

Defendant        §  3588.  In  all  CRses  in  the  Superior  or  Inferior  Court  where  a 
"on"d?nd  80- verdict  shall  be  rendered,  the  party  against  whom  the  same  maj 
^ymeo     be,  may,  cither  in  open  court  or  in  the  Clerk's  office,  within  four 
*^^^'         days  after  the  adjournment  thereof,  enter  into   bond  with  good 
and  sufficient  security,  for  the  payment  of  such  verdict  or  judg- 
ment and  costs  within  sixty  days. 
Bond  and         §3580.  Boud  and  security  beinir  given  as  provided  in  the  pro- 
fng"pi*"-^n.*  ceding  section,  the  verdict  and  judgment,  or  the  execution  there- 
be*8toyod.  *on,  sliall  be  suspended  for  the  said  sixty  days,  and  if  the  party 
shall  fail  to  pay  the  said  verdict  or  judgment  within    that  time, 
execution  shall  then  issue  again.>^t  such  party  and  his  security 
without  farther  proceedings  thereon. 
Hecnrityto        §3500.  The  sccurity  paying  t^tf  such  judgment  or  execution, 
'  shall  have  control  thereof 


CIIAPTEll  III. 

OF  THE  ILLEGALITY  OF  EXECUTIONS. 

Section.  Section. 

3591.  Illegality — how  taken.  3595.  May  be  sold  under  other /?» /a*. 

3592.  No  illefrality  before  lo\y  and  arrest.;   3596.  Who  may  file  affidavit. 

3593.  Proceedings  stayed,  aud  returned,  i  3597.  Illcprality  not  to  go  behind  judgment 
•       3594.  Damages  if  for  delay  ouly.  '■ 

Execution         §3501.  "WHicu  au  cxccution  against  the  property  or  against  the 
i^Ve'piHy  may  l^ody  of  any  person  shall  issue  illegally,  or  shall  be  proceeding 
by^afllTavit  illegally,  and  such  execution  shall  be  levied  on  property  or  the 
stating"*^     body  of  the  defendant  shall  be  arrested  by  virtue  thereof,  such 
to'i2'giv"en.  pcrson  uiav  make  oath  in  writing,  and   shall  state  the  cause  of 
such  illegality  and  deliver  the  same  to  the  Sherifi'  or  other  execu- 
ting officer,  as  the  case  may  be,  together  with  bond  and  good  se- 
curity for  the  forthcoming  of  such  property  as  provided  by  this 
Code,  or  for  the  appearance  of  the  defendant  as  provided  in  cases 
of  insolvent  debtors. 

§  3592.  Xo  affidavit  of  illegality  shall  be   received   by    any 


PT.  3.— TIT.  6.— Executions.  ^11^675 

Chapter  3. — Of  the  Illegality  of  Elxecutions. 


Sheriff  or  other  executing  officer  until  a  levy  or  an  arrest  has  no  affidavit 

°  *'  of  illegality 

been  made,  as  the  case  may  be.  —when. 

§  3593.  Wlien  the  levy  or  arrest  shall  have  been  made,  and  af-  Proceedings 
fidavit  and  bond  delivered  to  the  officer,  as  herein  provided,  it  and  papers 
shall  be  the  duty  of  such  officer  to  suspend  further  proceedings  c^urt 
on  such  execution,  and  return  the  said   execution,  affidavit  and 
bond,  to  the  next  term  of  the  court  from  which  the  execution 
issued,  and  it  shall  be  the  duty  of  said  court  to  determine  there-  ^ 
on,  at  the  first  term  thereof,  unless  the  plaintiff,  or  his  attorney,  „ 

'  Til  J  5  Pacts  m&j 

desire  to  controvert  the  facts  contained  in  said  affidavit,  in  which  ^"  ^""Z"^- 

'  veit«Q. 

case  an  issue  shall  be  joined,  which  issue  shall  be  tried  by  a  jury  ^^^y^^^^^^ 
at  the  same  term,  unless  good  cause  is  shown  for  a  continuance, 

§  359-i.  Upon  the  trial  of  an  issue  formed  on  an  affidavit  of  il-  mmages  if 
legality,  filed  in  the  Superior  or  Inferior  Courts,  the  jury  trying  lor'deUfon- 
the  case  shall  have  power  to  assess  such  damages,  not  exceeding  ^' 
twenty-five  per  cent.,  as  may  seem  reasonable  and  just,  upon  the 
principal  debt,  provided  it  shall  be  made  to   appear  that  such 
illegality  was  interposed  for  delay  only. 

§  3595.  When  an  execution  has  been  levied  on  property,  and  Property 

n%  1        •  i»'n  T  j'li  T  t  1       niay  be  sold 

an  arnciavit  ot  illegality  n led,  to  stay  ])roceedings  tliereou,  the  uu<ier  other 

^        '     ^  'ill!  ^  •  1  11  1        executions. 

property  so  levied  on,  shall  be  subject  to  levy  and  sale  under 
other  executions,  and  the  ofiicer  making  the  first  levy  shall  claim, 
receive,  hold  and  retain,  such  amount  of  the  proceeds  of  the  ^''ocewis  to 

be  retained. 

sale,  as  the  court  shall  deem  sufficient  to  pay  the  execution  first 

levied,  including  interest  up  to  the  time  of  the  court  at  which 

said  illegality  shall  be  determined  ;  and  any  bcmd  given  by  the  3(.c„rity.  pg. 

defendant,  on  filing   such  affidavit,  shall  be  released   and  dis- '^■^'*'^" 

charged,  so  far  as  relates  to  the  property  sold. 

§  359G.  An  affidavit,  of  illegality,  may  be  filed  by  an  attorney  Rr  whom 

in  fact,  or  an  executor,  administrator,  or  other  trustee.  betiw. 

§3597.  If  the  defendant  has  not  been  served,  and  does  not  when  iiie- 

,  piiitv  can- 

appear,  he  may  take  advantage  ot  the  detect,  by  affidavit  of  ille-  ""tpobe- 

gality ;  but  if  he  has  had  his  day  in  court,  he  cannot  go   behind  ment. 

the  judgment,  bjan  affidavit  of  Illegality. 


676  FT.  3.— TIT.  6.— Executions. 


Chapter  4. — Of  Forthcoming  Bonds. 


CHAPTER  IV. 

OF  FORTHCOMING  BONDS. 

Section.  jSectiox. 

3598.  Forthcomi;->g  bonds  may  be  taken.     ^5600.  Shall  not  prejudice  plaintiffs. 

3599.  All  bond.s  to  officers,  good. 

When  forth-  §3598.  Whcii  ail  execution  shall  be  levied  on  personal  proper- 
m^'bfgiy"-^ty,  and  an  illegality  filed  thereto,  as  provided  by  this  Code,  and 
*"■  the  party  filing  such  illegality  desires  to  take  or  keep  possession 

of  such  property,  he  shall  deliver  to  the  Sherift',  or  other  levying 
officer,  a  bond,  payable  to  the  levying  officer,  Avith  good  securi- 
ty,  in   a   sum  equal   to   double   the   value  of  the  property  so 
levied   upon,   to   be    judged   of  by  the  levying   officer,    condi- 
tioned   for  the  delivery    of  the   property   levied   upon    at   the 
time  and  place  of  sale,  in  the  event  that  such  illegality  shall  be 
dismissed  by  the  court,  or  withdrawn,  which  bond  shall  be  re- 
coverable in  any  court  having  cognizance  thereof. 
Bonds  taken     §  3509.  All  bouds  takou  by  the  Sheriffs,  or  other  executing 
officere^Bhau officers,  from  the  defendants  in   execution,  for  the  delivery  of 
*  ^°   ■      property  on  the  day   of  sale,  or  at   any  other  time,  which  they 
may  have  levied  on,  by  virtue  of  any  Ji.  fa.,  or  other  legal  pro- 
cess, from  any  court,  shall  be  good  and  valid  in  law,  and  recov- 
erable in  any  court  in  this  State  having  jurisdiction  thereof. 
Tho  rights        §  3G00.  No  boud,  taken  iu  coufomiity  with  the  previous  sec- 
in j«  ./;"•""* tion  shall,  in  any  case,  prejudice  or  affect  the  rights  of  plaintiff 
in  execution,  but  shall  relate  to,  and  have  effect  alone,  between 
the  officer  to  whom  it  is  given  and  the  defendant  in  execution  ; 
and  such  officer  shall,  in  no  case,  excuse  himself  for  not  having 
made  the  money  on  an  execution,  by  having  taken  such  bond, 
but  shall  be  liable  to  be  ruled,  as  now  prescribed  by  law. 


PT.  3.— TIT.  7.— CHAP.  1.— Costs.  677 


Article  1. — How  Taxed. 


TITLE  YII. 

COSTS  IN  CIVIL  CASES. 
'Chapter  1.  Costs  in  civil  cases. 
Chaiter  2.  Fees  of  officers  of  court. 


CHAPTER  I. 

OF  COSTS  IN  CIVIL  CASKS 

Artiole  1.  How  taxed. 
Akticle  2.  How  collected. 


ARTICLE  I. 

HOW  TAXED. 

Sectiok.  ISbctiok. 

3601.  Party  failing-  liable  lor  co.sts.  j  .^605.  Wheu  costs  to  be  paid  in  advance. 

3602.  Attorney  liable  for  neglect.  j  ;!60G.  Costa  in  slander  cases. 

3603.  "When  liable  in  other  cases.  3607.  Costs  in  personal  actions. 

3604.  Cost,  when  recovery  less  than  S50. 1  3608.  Costs  of  witnesses. 

§3601.  In  all  civil  cases,  in  any  of  the  courts  of  this  State,  party  faiuaff 
(except  as  provided  for  bj  this  Code,)  the  party  who  shall  dis- cots! '"" 
continue,  fail  or  be  cast  in  such  suit,  shall  be  liable  for  the  costs 
•thereof. 

§  3602.  If  any  plaintiff  shall  be  non-suited,  or  cast,   by  reason  Attom.y  u- 
of  the  willful  neglect  or  misconduct  of  his  attorney,  such  attor-  colt/^r 
ney  shall  be  liable  for  the  costs  which  may  have  accrued  in  such^cr'""^" 
•case  ;  and  in  like  manner,  if  any  defendant  shall  be  cast,  by  rea- 
son of  the  willful  neglect  or  misconduct  of  his  attorney,  such  at- 
torney shall  bo  liable  for  the  costs  thereof. 

§  3603.  When  any  attorney  shall  institute  a  suit  in  any  of  the  Attorney  n- 
courts  of  this  State,  for  any  person  who  resides  out  of  this  State,  col'tsXhen 
such  attorney  shall  be  liable  to  pay  all  costs  of  the  officers  of 
court,  in  case  euch  suit  shall  be  dismissed,  or  the  plaintiff  be  cast 
in  his  suit. 

§360L  When  any  action  ex  cmitractu,  shall  be  brought  to  the  when  re- 
Superior  or  Inferior  Courts,  and  the  verdict  of  the   jury  un-S?an$5(> 
reduced,  by  matter  of  set-off,  or  payment  pending  the  action, 
shall  be  for  a  sum  under  fifty  dollars,  the  defendant  shall  not  be 
charged  with  more  costs  than  would  have  necessarily  accrued,  if 


678  FT.  3.— TIT.  7.— CHAP.  1.— Costs. 

Article  1.— How  Taxed. 

such  case  had  been  before  a  Justice  of  the  Peace,  and  the  re- 
mainder of  the  court  charges  shall  be  paid  by  the  plaintiff,  and 
may  be  retained  out  of  the  sum  recovered  by  the  plaintiff,  and, 
if  that  is  insufficient,  judgment  shall  be  entered  by  the  court 
against  such  plaintiff,  for  tlie  balance. 
Costs  may        §  3605.  Wlicu  the  plaintiff  and  his  attorney  both  reside  out  of 
i^advXfe!*^the  limits  of  this  State,  tlie  proper  officers  may  demand  their 
full  costs  before  they  shall  be  bound  to  perforin  any  service,  in 
any  cause  about  to  be  commenced  by  such  non-resident  attorney 
or  plaintiff. 
No  more  §3600.   lu  all  actious  upon  the  case  for  slanderous  words,  in 

costs  than  ,  ,  ..■,..  i»     ^  •/»!  •  in 

damages—    any  court  navmff  jurisdiction  ot  the  same,  it  the  iury  shall  ren- 
der  a  verdict  under  ten  dollars,  then  the  plaintiff  in  such  action 
shall  have  and  recover  no  more  costs  than  damages. 
Costs  in  §  3607.  In  actions  of  assault  and  battery,  and  in  all  other  per- 

pere<>na  ""=■  g^^^^l  nctious,  whcreiu  the  jury  upon  tlie  trial  thereof  shall  find 
Exception,   the  damages  to  be  less  than  ten  dollars,  the  plaintiff  shall  re- 
cover no  more  costs  than  damages,  unless  the  Judge  at  the  trial 
thereof,  shall  find  and  certify  on  the  record,   that  an  aggravated 
assault  and  battery  was  proved. 

S  3608.  No  party,  plaintiff  or  defendant,  shall  be  liable  for  the 

Costs  of  wit-        o  I  ./  )  1  J 

nesses  of  ad-  ('osts  of  all V  witucss  of  the  adverse  party,  unless  suf;h   witness 

varee  party.  "  .  . 

was  subpcvnaed,  sworn  and  examined  on  the  trial  of  said  cause,, 
(or  the  plaintiff  voluntarily  dismisses  his  cause  before  trial)  and 
no  party  shall  be  liable  for  the  costs  of  more  than  two  witnesses 
eJtorj)Jintto  the  same  point,  unless  the  court  shall  certify  that  the  question 
at  issue  was  of  such  a  character  as  rendered  a  greater  number  of 
witnesses  necessary  to  a  single  point. 


Oopts  not  de- 


ARTICLE  II. 

HOW  COLLECTED. 

Section.  .Section'. 

3609.  When  cost  (Icmandable.  :  3611.  Plaintiff  liabk^attoruey  liable. 

3610.  Costs  included  in  jucl.s:ment.  ;   3612.  .Judgment  against  attorney  for  cost: 

§  3609.  The  manner  of  collecting  costs  in  all  civil  cases  in  any 


tTiraftei*     of  the  courts  in  this  State  (except  as  otherwise  provided  in  this 
.ludgmcnt     Code)  shall  be  as  follows :  The  several  officers  of  courts  are  here- 
by prohibited  from  demanding  the  costs  in  any  civil  case,  or  anjr 


PT.  3.— TIT.  7.— CHAP.  1.— Costs.  679 

Article  2. — How  Collected. 

part  thereof,  until  after  judgment  in  the  same,  except  as  provid- 
ed in  the  case  of  non-resident  plaintiffs  and  attorneys. 

§  3610.  When  a  case  is  disposed  of,  the  costs  of  the  same,  i^i-^^g^^'*^ 
eluding  fees  of  witnesses,  shall  be  included  in  the  judgment 
against  the  party  dismissing,  being  non-suited  or  cast. 

§3611.  If  the  plaintiff  should  recover  a  iudcrmcnt  against  the  On  return  of 

-..-.  ,^..,  11  ^  ^         nulla  bona. 

defendant,  and  execution  issue  thereon,  and  the  executing  ofncer 

shall  return  the  same  "  no  property  to  be  found,"  a  fi.fa.  or  ca. 

sa.  may  issue  against  such  plaintiff  for  the  purpose  of  making 

said  cost  out  of   him  ;  and  if  the  plaintifi"  resides  out  of  the 

State,  the^'./«.  shall  issue  against  the  attorney  also. 

§  3612.  In  all  cases  in  which  it  is  made  to  appear  that  an  at- Execution 
•    T  1 1    <»  1  •  •  (•    1  •    /-<    1  ajrainst  At- 

torney is  liable  for  costs  by  the  provisions  of  this  Code,  the  court  t<'>ntT  for 

•^  .  costs. 

shall,  on  motion,  order  a  judgment  and  execution  against  him  for 
the  same. 


CHAPTER  II. 

FEES  OF  OFFICERS  OF  COURT. 

Sbotion.  i  Section. 

3613.  Fees  of  Clerk  of  Supremo  Court.        3624.  Fees  of  Constables 

3614.  Judges  may  increase  or  ditniui^h.  j   BG25.  Fees  of  Coroners. 

3615.  Fees  of  Sherifl' of  Supreme  Court. 

3616.  Contingent  expenses  of  Sup'e.  C't. 

3617.  Contingent  expenses  of  Sup'r.  C't. 

3618.  Fees  of  Ordinary. 

3619.  Fees  of  Clerks  of  Superior  Courts. 


3626.  Fees  of  County  Surveyors. 

3627.  Fees  of  County  Treasurers. 
3028.  Fees  of  Notaries  Public. 

3629.  Fees  not  to  be  charged  to  the  State. 

3630.  Statement  of  fees  maybe  demanded. 


3620.  Fees  of  Clerks  of  Inferior  Courts.]  3631.  Charging  fees  unlawfully. 


3621.  Fees  of  Sheriffs. 

3622.  Fees  of  Jailors. 

3623.  Fees  of  Justices  of  the  Peace. 


3632.  Table  of  fees  to  be  kept  in  oflSce. 

3633.  Treble  costs — suits  vs.  officers. 

3634.  Dismissal  from  office. 


§3613.  The  Clerk  of  the  Supreme  Court  is  entitled  to  the  fol-ye^Hofciert 
lowing  fees,  to  wit :  ofSup.ot 

For  each  case  entered  and  carried  to  judgment $3  75 

For  recording  bills  of  exception,  for  every  100  words .  .  124- 

For  recording  opinion 3  50 

For  remitter,  iuchiding  certificate  and  seal 1  25 

§  361-4.  The  Judi!;cs  of  the  Supreme  Court  may,  on  application.Tndeesmay 

,.  .    .  .    ,  J7  li  diminish  or 

ot  any  practicing  attorney  of  the  court,  decrease  sucli  bill  of  costs,  incrws* 
or,  on  the  application  of  the  Clerk,  increase  it,  or  add  other 
items  thereto.     Due  notice   in   writing  must  be   given  of  the  ^e'^gi've™"* 
grounds  of  the  motion,  and  the  decision  announced  by  one  of 
the  Judges  in  open  court. 


680  PT.  3.— TIT.  7.— Costs. 

Chapter  2. — Fee■^  of  OflBcers  of  Court. 

Feesofshcr-      8  3615.  The  Sheriff  of  the  Supreme  Court  is  entitled  to  the 

iflfSnp.  Ct.  "  ,  .  ^ 

fees  following,  to  wit : 

Mode  of  col- For  each  case  entered  and  carried  to  judgement $1  25 

lectiBg.       Snch  fee  must  be  charged  in  the  bill  of  costs,  collected  by  the 

Clerk  and  paid  to  the  Sheriff. 
e^^l^slTot      §  ^^1^-  ^^J  contingent  expenses  incurred  in  holding  the  sev- 
snp.  Court  gral  sessions  of  the  Supreme  Court,  for  lights,  fuel,  rent,  and  sta- 
tionery, &c.,  shall  be  paid  to  the  Clerk  of  said  (!Ourt,  out  of  the 
State  Treasury,  on  the  certificate  of  the  Judges  thereof,  as  to  the 
,    necessity  and  fact  of  such  expenditure. 
C!oBtingont       §  3617.  Any  contingent  expenses  incurred  in  holding  any  ses- 
SopTGonrt,  sion  of  the  Superior  Court,   including  the   above,   and  similar 
items,  such  as  taking  down  testimony  in  cases  of  felony,  &c., 
shall  be  paid  out  of  the  county  treasury    of  such  county,  upon 
the  certilicate  of  the  Judge  of  the  Superior  Court,  and  without 
further  order. 
Fees  of  Or-     §  3618.  The  Ordinaries  are  entitled  to  the  following  fees,  to 

For  receiving  application,  and  granting  citation $1  25 

For  taking  and   recording  administrators'  or  guardians' 

bond I  00 

For  issuing  letters  of  administration  or  letters  testamen- 
tary    1   50 

For  recording  the  same 50 

For  copying  the  same 50 

For  signing  warrant  of  appraisement 50 

For  receiving  an  appraisement  or  sale  bill,  and  recording 

the  same,  if  under  live  hundred  dollars I  00 

If  above  live  hundred  dollars,  and  under  two  thonsaucl  1  25 

If  above  two  thousand,  and  under  ten  thousand  dollars  1  50 

If  above  ten  thousand  and  under  twenty  thousand  dollars  1  75 

If  above  twenty  thousand,  and  under  fifty  thousand  dol-  2  00 

lars 2  00 

If  above  fifty  thousand  dollars 2  50 

For  receiving  application  and  granting  letters  dismissory, 

whole   service 5  00 

For  granting  citation  to  show  cause  why  administration 

should  not  be  set  aside  or  repealed 2  00 

eayeat        For  entering  a  caveat  against  administration  being  grant- 
ed or  will  proven 1  25 

For  each  copy  of  caveat 50 


FT.  3.— TIT.  7.— Costs.  681 

Chapter  2. — Fees  of  Officers  of  Court. 

Tor  ever  J  marriage  license 1  50 

For  ever}'  order  for  sale  of  land,  negroes,  or  other  prop- 
erty      50 

For  each  copy  of  the  same 25 

For  issuing  letters  of  guardianship 1   00 

For  recording  the  same 50 

For  rule  ni  si,  in  each  case 50  ^°-^^ "'  '^ 

For  copy 25 

For  issuing  process  against  a  person  for  not  making  re- 
turns   50 

For  each  additional  copy 25 

For  each  subpo^.na 15  snbp<»n«. 

For  examining  and  recording  returns  on  all  estates  not 

worth   more  than  two  thousand  dollars I  00 

For  all  estates  worth  more  than  two,  and  not  more  than 

five  thousand  dollars 1   25 

For  all  estates  worth  more  than  five  and   not  over  ten 

thousand   dollars I  40 

For  all  estates  worth  more  than  ten  thousand  dollars . .  160 
For  recording  all  vouchers  accompanying  returns  of  ad- 
ministrators, executors,  and  guardians,  per  100  words  12 
For  recording  any  instrument  of  writing  not  mentioned, 

per  100  words 12 

For  proceedings  to  authorize  titles  to  he  made  to  lands 
of  deceased  persons,  to  be  paid  out  of  the  estate  of  the 

deceased 5  00 

For  commission  to  free  holders  to  divide  estate 1  25 

For  each  certificate  and  seal 60  Certifloate 

and  seal. 

For  entering  an  appeal  and  transmitting  the  proceedings  Appeal 

to  the  Superior  Court 1   50 

For  registration  of  every  free  person  of  color,  every  legal 

requirement  included 1  00 

For  filing  and  recording  an  official  bond 1  00 

For  services  as  treasurer  of  the  school  fund  and  secretary 
of  the  board  of  education  not  exceeding  5  per  cent. 

For  services  in  nudving  settlement  of  accounts  of  any 
executors,  administrator  or  guardian  as  prescribed  in 
this  Code 10  00 

For  each  Ji.  fa.  issued  by  him 60 

§  3019.  The  Clerks  of  the  Superior  Courts  are  entiled  to  the 

following  fees,  to  wit : 


682  PT.  3.— TIT.  7.— Costs. 

Chapter  2. — Fees  of  Officers  of  Court 

y«»e9of  1,  In  civil  cases — 

sui.erior      Foi'  cveiy  suit  Settled  by  the  parties  in  vacation $2  00 

•ivii  cases.   If  settled  at  court  or  non-suited,  and  the  recording  on 

minutes 3  00 

For  every  writ  where  there  is  more  tlian  one  defendant, 

after  first  copy 60 

For  every  suit  commenced,  and  prosecuted  to  judgment 
including  service  for  recording  petitition,  process  and 

judgment 0  00 

For  every  subpa^na  ticket 15 

For  writ  of  partition  of  land  and  recording  proceedings       5  00 
For  recording  proceedings  in  civil  cases,   per  hundred 

words 15 

For  every  exemplification,  per  100  words 10 

For  recording  articles  of  partnership  under  tlie  law  reg- 
ulating limited  partnerships 5  00 

For  recording  incorporation  of  joint  stock  and  other  in- 
corporated companies 5  00 

For  recording  incorporation  of  charitable  or  religious  as- 
sociations         5  00 

For  proceedings  to  forfeit  a  charter 10  00 

For  recording  proceedings  in  change  of  name 1  00 

For  furnishing  and  certifying  any  bill,  process,  order,  &c. 

in  ecpiity,  for  publication 1  00 

For  recording  notice  of  carpenters'  and  masons'  liens ....        1  00 

In  trials  of  nuisance  and  recording  proceedings 5  00 

For  rule  i'^.  garnishee 1  00 

For  issuing  commission  to  examine  witness 1  00 

For  recording  deeds 50 

For  every  hundred  words  over  300  words  thereof 15 

For  recording  any  instrument  of  writing  not  specified, 

per  100  words 15 

For  every  foreclosure  of  any  mortgage  of  personalty,  in- 
cluding execution  and  recording  proceedings 3  00 

For  every  foreclosure  of  an}^  mortgage  of  realty,  inclu- 
ding execution  and  recording  proceedings 5  00 

For  every  claim  case 2  50 

For  every  affidavit  to  hold  to  bail 50 

For  recording  and  copying  proceedings  in  chancery  and 
bills  of  exception  and  transcript  to  the  Supreme  Court, 
per  100  words   15 


PT.  3.— TIT.  7.— Costs.  68S 

Chapter  2. — Fees  of  Officers  of  Court. 

For  recording  remitter,  order  and  judgment  of  the  Su- 
preme Court  on  minutes 1  00 

For  issuing^. /a.  or  ca.  sa.^  each 50 

For  certificate  and  seal,  eacli 50 

For  scire  facias  io  make  parties,  original 1   50 

For  copies  of  each 1  00 

For  recording  order  on   minutes   75 

For  issuing  jury  script,  each 10 

For  inspection  of  books  where  their  aid  is  required 25 

For  examination  of  books  and  abstract  of  result 1  00 

For  each  appeal  if  settled  before  verdict 1  25 

For  each  appeal  if  prosecuted  to  verdict 2  50 

For  entering  every  motion  on  the  minutes 1  00 

Whenever  services  are  required  by  the  law  of  any  ofiBcer  of  the 
court,  and  no  fee  for  such  service  is  prescribed,  the  court  shall  tax 
In  the  bill  of  costs  a  reasonable  charge  therefor. 

2.  In  criminal  cases —  Fees  in 

For  all  bills  of  indictment,  if  settled  by  the  parties  ornol  sL. 
prosed,   including  service  for  docketing  and  recording 

on  the  minutes  and  all  other  service $3  00 

For  every  bill  of  indictment,  when  the  defendant  is  ar- 
raigned, tried  and  found  guilty,  including  all  services  5  00 
For  transcribing  record  and  evidence  in  State  cases,  per 

100  words.  .  ^ 15 

For  recording  forfeiture  of  bond  on  minutes 1  00 

For  issuing  scire  facias  after  forfeiture  (original) 1  50 

For  each  copy 1  00 

For  issuing  subpoenas  in  State  cases,  each 15 

§  3620.  The  Clerks  of  the  Inferior  Courts  are  entitled  to  the  „ 

followinc;  fees,  to  wit :  cierk..fth« 

For  each  appeal  to  the  Superior  Court $2  00  ^'^^ 

For  every  estray  horse,  mule,  or  ass,  for  every  legal  ser- 
vice required 2  00 

For  every  bull,  ox,  or  cow,  for  all  service  required 1  25 

For  every  goat,  hog  or  sheep 30 

For  retailer's  bond 1  00 

For  retailer's   license 1  00 

For  copying  and  administering  oath  to  retailer 50 

For  each  peddler's  license 1  25 

For  tiling  and  recording  each  bond  the  law  requires...  1  00 

For  recording  mark  and  brands 50 


^^  PT.  3.— TIT.  7.— Costs. 

Chapter  2. — Fees  of  Officers  of  Court. 

For  comparing  and  testing  weights  and  measures  and 

stamping  or  marking  each 10 

For  all  the  proceedings  for  making  a  Notary  Public ....       5  00 

For  any  service  lawfully  performed  that  is  also  Y)erformable, 
Sheriff  In  hy  the  Clerks  of  the  Superior  Courts,  the  same  fees  as  said  Clerks. 
eiTii  cases.       g  3621.  The  Sheriffs  are  entitled  to  the  fccs  following,  to-wit: 

1.  In  civil  cases — 
For  serving  a  copy  of  a  process  and  returning  original 

per  copy $2  00 

If  suit  from  another  county 2  00 

For  summoning  each  witness 50 

For  summoning  jury  and  attending  trial  to  assess  dam- 
ages for  right  of  way 5  00 

For  service  in  every  case  before  a  special  jury 1  25 

For  each  levy  on  &ing\eji.fa 2  00 

For  each  levy  if  more  than  one,  on  each  levied 1  00 

For  search  and  return  of  7iuUa  hona 1  00 

For  conducting   a   debtor   under   conlinement  before  a 

judge  or  court L  00 

For  serving  rule  vs.  garnishee 1  00 

If  more  than  one,  for  each  additional  copy 1  00 

For  summoning  jury  to  try  case  of  nuisance 3  00 

For  removing  nuisances,  such  fees  as  the  court  may  deem 

reasonable. 
For  summoning  the  juries  to  each  term  to  be  paid  by  the 

county 5  00 

All  sums  when  the  amount  collected  on  execution   by 

sale  of  proi>erty  does  not  exceed  fifty  dollars  and  under, 

5  per  cent. 
For  all  sums  above  fitty  dollai*s  and  not  exceeding  $500, 

2^  per  cent. 
For  all  sums  exceeding  five  hundred  dollars,  1^  per  cent. 
No  commissions  shall  be  charged  unless  the  property  is  actually 
6old. 

For  making  out  and  executing  titles  to  land 3  50 

If  presented  by  the   purchaser 1  00 

For  making  out  and  signing  bill  of  sale  of  property ....        1  25 

Provided  no  fee  shall  be  allowed  but  for  one  bill  of  sale,  when 
it  will  be  sufiicient  to  convey  the  property  to  the  purchasers,  un- 
less they  should  otherwise  require. 


FT.  3.— TIT.  7.— Costs.  685 

Chapter  2. — ^Fees  of  Officers  of  Court. 

For  taking  bail  bonds 1  00 

For  forthcoming  bonds 1  00 

In  issues  on  application  of  insolvent  debtors  for  service 

not  in  term  time 5  00 

For  executing  process,  dispossessing  tenant  holding  under 

plea  of  rent -^  SO 

For  settling  execution,  if  property  be  levied  on  and  money 

paid  before  sale 2  00 

For  keeping  a  horse,  mare,  mule  or  ox,  per  day 25 

For  keeping  each  head  of  neat  cattle  per  day 5  4 

For  keeping  sheep,  goats  or  hogs,  per  day 4  ^ 

For  following  property,   with   attachment,    out   of  the 

county,  going  and  returning,  per  mile 5 

2.  In  criminal  cases—  Ir-^^l^ 

For  re- committing  any  prisoner  when  a  haheas  corinis  is  *^^'- 

sought  for  his  relief 1  25 

For  every  mile  a  prisoner  may  be  removed  under  a  ha- 

hecm    corpufi 25 

For  removing  a  prisoner  by  habeas  corjnis,  when  no 

mileage  is  paid,  per  day 2  00 

For  attending  a  person  taken  by  warrant  to  the  Judge's 

chamber 1  00 

For  conducting  a  prisoner  before  a  Judge,  or  court,  to 

and  from  jail 1  25 

For  executing  warrant  of  escape 1  00 

For  executing  and  returning  a  bench  warrant 1  25 

For  apprehending  a  person   suspected,  if  committed  or 

held  to  bail 1  25 

For  each  person,  not  exceeding  two,  who  may  be  em- 
ployed to  guard  a  prisoner  to  jail,  per  day 1  50 

For  executing  a  criminal 10  00 

For  whipping,  cropping  or  branding  a  criminal 5  00 

S3622.  Jailors  are  entitled  to  the  followinfr  fees,  to  Feesofjaii- 

,  o  5  ora.  ^ 

Wit: 

For  receiving  prisoner  or  debtor 60 

For  turning  the  key  or  discharging  the  prisoner,  by  vir- 
tue of  habeas  corpus,  by  order  of  the  court.  Judges 
or  Justice (JO 


«86  JPT.  3.— TIT.  7.— Costs. 

Chapter  2. — Fees  of  OfiScers  of  Court. 

For  dieting  a  white  person,  per  daj,  allowing  two 
pounds  of  bread,  half  pound  beef,  or  one  pound  pork, 
or  half  pound  bacon,  with  sufficiency  of  coffee  and 
water f>^ 

For  dieting  negro  criminal,  per  daj,  allowing  one  quart 
cooked  rice,  or  half  pound  bread,  and  half  pound  of 
bacon,  or  half  pound  beef,  with  sufficiency  of  water, 
tfec 30 

For  dieting  runaway  negro,  per  day,  allowing  one  pound 
corn  bread,  one  pound  pork,  or  one-half  pound  bacon, 
with  sufficien(;y  of   water 30 

For  dieting  person  confined  for  debt,  per  day,  allowing 

a  sufficiency  of  wholesome  provisions,  water,  «fcc 50 

For  turning  key  on  commitment  of  a  prisoner 60 

For  whipping  negro  with  consent  of  owner,  or  without, 

if  necessary  to  his  behavior  or  safety 1  00 

Not  more  than  thirty-nine  lashes  at  any  one  whipping 

nor  inhumanly  with  those,  and  not  more  than  two  such 

whippings  without  the  consent  of  the  owner. 

For  dieting  and  keeping  an  insane  slave,  per  month, 

giving  what  is  given  a  runaway  slave 1.0  00 

Or   per  day 40 

cnnuty  to        AVhenever  jail  fees  are  chargeable  to  the  county,  the 

•pay  inonthir  ^_^^^^  sliall  bc  paid  monthly. 

Fees  of  Jus-      §  3(>23.  Justices  of  the  Peace  shall  have  the  following 

p:rl'ici{-fees,to  wit: 

ji  cases.  -^    In  civil  cases — 

For  each  case  tried  by  said  J  ustices 35 

For  a  warrant  or  summons 35 

For  affidavit  to  obtain  an  attachment  or  to  hold  to  bail, 

and  taking  the  bond 75 

For  entering  a  judgment 35 

For  each  execution,  ca.  sa.,  or  attachment 35 

For  drawing  jury  and  making  ont  list 30 

For  each  cause  tried  by  said  jury 30 

For  affidavit  to  obtain  a  possessory  warrant  and  making 

out  the  same 75 

For  trying  the  same 60 

For  making  out  interrogatories  and  certifying  the  same  1  25 
For  making  out  recognizance  and  returning  the  same  to 

court 35 


PT.  3.— TIT.  7.— Costs.  687 

Chapter  2. — Fees  of  OfBoers  of  Court. 

For  each  subpoena  for  witness 15 

For  each  affidavit,  when  there  is  no  cause  pending 30 

For  every  writ  of  certiorari  to  the  Superior  Court 60 

For  presiding  at  trial  of  forcible  entry,  or  detained,  or 

both— each   trial 1  00 

For  presiding  at  each  trial  of  right  of  way 1  00 

For  issuing  rule  to  establish  lost  paper 35 

For  trying  the  same 35 

For  presiding  at  trial  of  nuisance t  00 

For  witnessing  any  paper 25 

-^^  Incriminal  cjises—  ^^  ^  <*.FcosiB 

For  taking  examination    of  a    person   charged  with  a  cns'os"" 

criminal   oifence 50  ~^//^ 

For  examining  each  witness  in  criminal  cases 30  ' 

For  making  out  a  commitment 35 

For  trying  slaves  and  free  persons  of  color — for  each  of- 
fence, and  for  all  the  court  costs 3  00 

§3024.  Constables' fees  shall  be  as  follows,  to  wit : 

"              _                                                                                             '  Fees  of  Con 

For  serving  a  warrant,  summons,   or  attachment 35stabic8. 

For  each  additional  copy  of  summons,  warrant,  or  at- 
tachment   30 

For  summoning   every  witness 30 

For  each  cause  tried  by  a  Justice  or  jury 30 

For  attending  each  trial  in  Justice  court 35 

For  summoning  a  jury 75 

For  levying  a  ca.  m.  or  ^fi.  fa.,  and  advertising 35 

For  settling  f.  fa.  when  the  property  is  not  sold 30 

For  return  nulla'  bona 30 

For  conveying  negro  under  execution,  to  and  from  jail, 

per  day 5 

For  attending  Superior  Court,  per  mile 1  00 

For  summoning  jury  on  inquest 1  00 

For  collecting  execution  issued  by  Coroner 75 

For  keeping  a  horse,  mule,  ass,  or  ox,  per  day 25 

For  each  head  of  neat  cattle 5 

For  sheep,  goats,  or  hogs,  per  day 4 

On  all  sales  made  by  him,  6^  per  centum  on  amounts 
sold. 

For  attending  a  grand  jury,  per  day 1  00 


i 


688  PT.  3.— TIT.  7.— Costs. 

Chapter  2. — Fees  of  Officers  of  Court 


For  attending  grand  jury,  for  eacli  bill  found,  to  be  paid 

by   delinquent 30 

For  serving  a  warrant  in  criminal  cases 1  25 

For  keeping  and  maintaining  a  prisoner  before  examina- 
tion, not  exceeding  twenty-four  hours 75 

For  serving  rule  to  establish  lost  paper 35 

For  every  additional  copy 30 

For  following  property  with  attachment   out  of  county, 

going  and  returning,  per  mile .  5 

For  whipping  a  negro  by  judgment  of  a  court 1  00 

veeBofCor-      §3625.  Coroucrs' fccs  are  as  follows  to  wit : 

For"  Summoning  an  inquest  on  a  dead  body  and  return- 
ing the  inquisition $10  00 

For  furnishing  coffin  and  burial  expenses 15  00 

When  performing  the  duties  of  a  Sheriff,  his  fees  are  the  same 
as  the  Sheriff. 
Fees  of  §  3626.  Couuty  Surveyors'  fees  are  as  follows,  to  wit : 

Teyurl  ^^  For   Surveying  a  town  lot  and    returning  a  certificate 

thereof 81  25 

For  surveying  a  tract  of  land  of  or  under  100  acres 3  50 

For  each  hundred  acres  after  the  first 1  00 

For   making    a    plat,  recording,   advertising  and  trans- 
mitting the  same  to  the  Surveyor  General's  office ....        1  25 
For  entering  a  caveat,  advertising  and  giving  a  certified 

copy  thereof 2  00 

For  attending  trial  of  the  same 1  00 

For  each  postponement  to  be  paid  by  the   postponing 

party 60 

For  recording  judgment  and  giving  certified  copy  thereof  60 

For  entering  an  appeal  and  giving  certified  copy  thereof      1  25 
For  a  re-survey  of  land  by  order  of  court,  of  or  under  100 

acres,  for  the  first  100  acres 3  50 

For  every  hundred  acres  after  the  first 1  00 

For  every  other  re-survey  of  the  same 1  00 

For  making  and  certifying  a  plat  thereof  and  transmit- 
ting the  same 1  25 

Running  line  between  counties,  districts,  or  making  new 
lines,  per  day,  he  furnishing  the  chainbearer  and  provi- 
sions      $8  00 


FT.  3.— TIT.  7.— Costs.  689 

Chapter  2. — Fees  of  Officers  of  Court. 
§  3627.  County  Treasurers'  fees  are  as  follows,  to  wit :  Fees  of 

"  •'  ,  '  CountT 

Upon  all  amounts  received,  and  paid  out  by  liim  2^  per  Treasurers. 

cent. 

For  raakiuir  his  returns  to  the  grand  jury 1  0(i 

For  making  his  returns  to  Justices  of  the  Inferior  Court.       1  0(i 

§  3628.  The  fees  of  Notaries  Public  are  as  follows,  to  wit :  Fees  of  no- 

For   every   protest,  oath    included 2  dO  '•''"^^^"''i'^- 

For  noting  a  protest, 1  0<> 

For  registering  a  protest,  ])er  copy  sheet Id 

For  copy  of  a  protest,  per  copy  sheet, 1() 

For  administering  an  oath  in  any  case, ?j() 

For  each  attendance  on  any  person,  to  make  proof  as  a 

Notary  Public,  and  certifying  the  same 1   00 

For  every  other  certificate, - 50 

The  cost  of  registering  is  likewise  a  charge  against  tlie  party 
noted  and  protested,  and  must  l>e  charged  in  the  costs  at  the 
same  time,  and  paid  to  the  Notary  by  the  ]iarty  for  whose  l)ene- 
fit  the  noting  and  protesting  was  done.  All  other  registering 
must  be  paid  for  by  the  party  who  has  the  service  i)erformed. 
The  fees  for  all  official  acts,  which  the  Notary  is  allowed  to  per-  Fees  for 
form,  are  the  same  as  those  prescribed  for  any  other  officers  who  the'samVas 
are  likewise  permitted  to  perform  them.  "erl 

§  3629.  None  of  the  fees  hereinbefore  expressed  shall  be  cliarg-  Fees  not  to 
ed  to  the  State  for  failure  to  collect  out  of  the  ])erson  charged,  to  ^tatef*^ 
unless  otherwise  expressly  declared,  or  in  their  nature  must  ne- 
cessarily be  so  paid. 

§  3630.  Every  public  officer  and  person  herein  mentioned,  their  statementof 
deputy  or  agent,  shall,  when  required,  give  a  statement  of  the  d"i  to™" 
fees  demanded,  and  a  receipt  for  the  same  to  any  person  paying ' 
any  lawful  or  pretended  fees  of  office,  on  pain  of  ten  dollars  for 
every  such  neglect  or  refusal,  to  be  sued  for  within  twelve  months 
and  recovered  by  the  person  paying  the  fees  and  making  the  de- 
mand. 

§  3631.  If  such  officers  or  person  shall  take  or  demand  any- 
greater  fee  than  the  law  allows,  or  fee  for  services  not  performed,  H^^fs. 
he  forfeits  fifty  dollars,  to  be  sued  for  and  recovered  as  prescrib- 
ed in  the  preceding  section. 

§  3632.  Every  public  officer  must  constantly  keep  in  a  con- 
spicuous place  in  his  office,  or  place  where  he  usually  executes  tif* '"  ^^ 
the  business  thereof,  a  table  of  his  fees  in  fair  words  and  fio'ures 
and  on  failure  to  do  so,  he  forfeits  one  dollar  per  day  for  ever}- 
4tt 


sriven. 


Forfeit  for 
es:c«9siTe 


Table  of 
;s  to  be 
pt  in  office 


690  PT.  3.— TIT.  7.— Costs. 

Chapter  2. — Fees  of  Officers  of  Court. 


day  he  so  neglects,  to  be  recovered  at  the  suit  of  any  informer,  to 

whom  the  whole  recovery  shall  go. 
Treble  costs     §  3G33.  Whcn  public  oflicers  arc  sued  on  account  of  the  pro- 
~'*^"'-       visions  of  this  chapter,  and  there  is  a  verdict  in  their  favor,  the 

persons  sueing  shall  pay  three  times  the  ordinary  costs. 
Penalty  for       §  3634.  Any  public  officer  who  shall  charge  or  take  fees  not 
ehircT     allowed  by  law,  or  for  service  not  performed,  shall,  on  conviction 

or  proof  thereof,  be  dismissed  from  office. 


TITLE  VIII. 

OF  NEW  TRIAI-S. 


CHAPTER  I. 

OF  NEW  TRIALS. 

Article  1.  By  whom,  and  i<>r  wliat  causes  allowed. 
AuTicLE  2.  When,  where  and  how  trie«l. 

ARTICLE  I. 

HY  WHOM,   AND  FOR  WHAT  CAIJSKS  ALLOWED. 

Section.  ^Skction. 

3635.  Whftt  court  may  pi-ant  now  trials.    3641.  Verdict  against  evidence. 

3636.  Sup'r.  Courts  may  correct  errors,  ic    3642.  Judpo  may  grant  on  other  grounds. 

3637.  Verdict  contrary  to  evidence.  j  3643.  Application — when  made. 

3638.  Evidcace  illegally  admitted,  ic.      \  3614.  Another  Judge  may  grant. 

3639.  Erroneous  charge  of  the  court.        I  3645.  Motion  after  adjournment.    Notice. 

3640.  Newly  discovered  evidence. 

snp-r  Court       §  3635.  Xcw  trials  can  be  granted  by  the  Superior  Courts  only  ; 

s^lutT"      the  Inferior  Courts  have  no  such  power. 

8u,.'rcmrt      §  3636.  The  several  Superior  Courts  of  this  State  shall  have 

e^rsr&a'^'power  to  correct  errors,  and  grant  new  trials  in  any  cause  de- 
pending in  any  of  the  said  Superior  Courts,  in  such  manner  and 
under  such  rules  and  regulations  as  they  may  establish  according 
to  law  and  the  usuages  and  customs  of  courts. 

§  3637.  In  any  case  when  the  verdict  of  a  special  jury  is  found 
contrary  to  evidence  and  the  principles  of  justice  and  equity,  the 
presiding  Judge  may  grant  a  new  trial  before  another  special 
jury. 


TThen  ver- 
di<'t  is  con- 
tr«ry  to  evi 
dencc. 


PT.  3.— TIT.  8.— CHAP.  1.— Xew  Trials.  691 

Article  1. — By  whom  and  for  what  causes  allowed.' 

S  3G38.  The  Superior  Courts  may  grant  new  trials  in  all  cases,  when  evi- 

"  '■  •111-  •  dcno^  is   il- 

when  any  material  evidence  may  be  illef'ally  admitted  to,  or  ille- leeiHy  ^ 

'■'  ./  n       ./  ^  admitted  or 

gaily  withheld  from  tliejnrj,  against  the  demand  of  the  appli-"e'o'ie<L 
cant. 

§  3639.  A  new  trial  may  be  granted  in  all  cases  when  the  pre-  Forcrrone- 

,  _  ,    ,.  ,  -        .  .  ous charge  to 

sidmg  J  udge  may  dehver  an  erroneous  charge  to  the  jury  agamst  jury.  &c 
such  applicant  on  a  material  point,  or  refuse  to  give  a  pertinent 
legal  charge  in  the  language  requested,   when  the  charge  so  re- 
quested is  submitted  in  writing. 

§  3G40.  A  new  trial  may  he  granted  in  all  cases,  when  any  ma-  '^n  account 

,  ^       ,       .         .       .  '  •'  of  new  evi- 

terial  evidence,  not  merely  cumulative  in  its  character,  but  re-  d«nce. 
lating  to  new  and  material  facts,  shall  be  discovered  by  the  ap- 
plicant after  the  rendition  of  a  verdict  against  him,  and  shall  be 
brought  to  the  notice  of  the  court  within  the  time  now  allowed 
by  law  for  entering  a  motion  for  a  new  trial. 

§3041.  The  presiding  Judge  may  exercise  a  sound  discretion  whon  the 
in  granting  or  refusing  new  trials  in  cases  where  the  verdict  may  IgaUst  e^vi- 
be  decidedly  and  strongly  against  the  weight  of  evidence,  al- 
though there  may  appear  to  be  some  slight  evidence  in  favor  of 
the  finding. 

§  3642.  In  all  applications  for  a  new  trial  on  other  grounds,  not  Jud-e  may 
provided  for  in  thisjjpode,  the  presiding  Judge  must  exercise  a  cr  grounds, 
sound  legal  discretion  in  granting  or  refusing  the  same,  accord- 
ing to  the  provisions  of  the  common  law  and  practice  of  the  courts. 

§  3643.  All  applications  for  a  new  trial,  except  in  extraordi-  Application 
nary  cases,  must  be  made  during  the  term  at  wliich  the  trial  wasdming^rm 
had,  but  may  be  heard,  determined,  and  returned  in  vacation. 

§  3644.  A  Judge  may  decide  a  motion  for  a  new  trial  who  did  Another 
not  try  the  case,  either  when  he  is  presiding  in  the  court  in  which  l'r"'nTn™w^ 
the  motion  is  pending,  or  when  he  is  named  in  the  rule. 

§  3645,  In  case  a  of  motion  for  a  new  trial  made  after  the  ad-  Motion 
journment  of  the  court,  some  good  reason  must ,  be  shown  why  ^jll.'u-'ment 
the  motion  was  not  made  during  the  term,  which  shall  be  judged  "^"^""^'^ 
of  by  the  court.     In  all  such  cases,  twenty  days'  notice  shall  be 
given  to  the  opposite  party. 


692 


FT.  3.— TIT.  8.— CHAP.  1.— New  Trials. 


Article  2. — When,  liow  and  where  Tried. 


ARTICLE  11. 

WHEX,  WIIKRE  AND  TIOW  TRIED. 


Section. 

3646.  Triable  at  next  term. 

3647.  By  a  special  jury. 


Section. 

3648.  Copy  rule  nisi  to  bo  served. 

3649.  Siiperseadeas  by  order. 


Time  of  new 
trial. 


By  special 
jury. 


Eule  ni  si 
must  be 
served. 


Not  a  m]}er- 
tsedeas. 


§  3646.  AVlien  a  new  trial  has  l)een  p^ranted  by  tlie  Superior 
Court,  the  case  ehall  stand  upon  the  docket  for  trial  at  the  next 
term  as  though  no  trial  was  had,  and  if  said  new  trial  is  ordered 
by  the  Supreme  Court,  said  case  shall  stand  for  trial  at  the  next 
term  of  said  Superior  Court  after  the  remitter  is  returned  from 
the  Supreme  Court,  and  in  like  manner  subject  to  the  rules  for 
continuances  provided  in  this  Code. 

§  3647.  All  new  trials  shall  be  had  l»y  a  special  jury  as  provided 
in  cases  of  appeals. 

§  3648.  In  all  applications  for  a  new  trial  the  opposite  party 
shall  be  served  witli  a  copy  of  the  rule  ni  si,  unless  such  copy  is 
waived. 

§  3649.  A  rule  ni  si  for  a  new  trial  shall  not  operate  as  a  su- 
persedeas, unless  so  ordered  by  the  court.  In  which  case  the 
court  may  demand  bond  and  security  for  the  eventual  condemna- 
tion money,  when  the  exigency  of  the  case  requires  it. 


PT.  3.— TIT.  9.— CHAP.  1.— Claims.  693 

Article  1. — How  and  by  whom  Interposed. 


TITLE  IX. 

OF  CLAIMS. 

€}iAi'TEii  1.  Of  claims  to  property  in  execution. 
CiiAi'TEK  2.  At  other  judicial  sales. 


CHAPTER  I. 

OF  CLAIMS  TO  PROPKRTY  IX  KXECUTIOX. 

Article  1.  How  and  by  whom  interposed. 
Article  2.  When,  where  and  liow  tried. 


ARTICLE  I. 

HOW  AXD  BY  WHOM  INTKKPOSKD. 

Sectiox.  ISectiox. 

3650.  Claims  to  be  m.ide  an  oath.  '  3654.  To  wliom  bonds  payable. 

3651.  Bond  and  security.  |  3655.  Bond  recoverable — when  A  where. 

3652.  Officer  must  postpone  sale.  j  3656.  Partners,  &c.,  claiming. 

3653.  Claimant  give  forthcoming  bond,  j  3657.  Tax/?. /'/.  claim — where  tried. 

§  3G50.  When  any  Sheriff  or  other  officer  shall  levy  an  execu-  p,^.^  ^^^^^ 
tion  on  property  claimed  by  a  third  person,  not  a  party  to  such  ^^'j^**^*^  *"' 
execution,  such  person,  his  agent  or  attorney,  shall  make  oath  to 
such  projjerty. 

§3651.  The  person  claiming  such  property,  or  his  agent  or  at-uondand 
torney,  shall  give  bond  to  the  Sheriff  or  other  officer,  as  the  case  damagfs.*^"^ 
may  be,  with  good  and  sufficient  security,  in  a  sum  equal  to  dou- 
ble the  amount  of  the  property  levied  upon,  at  a  reasonable  valu- 
ation, to  be  judged  b}^  the  levying  officer,  conditioned  to  pay  the 
plaintiff  all  damages  which  the  jury  on  the  trial  of  the  right  of 
property  may  assess  against  him  in  case  it  should  appear  that 
said  claim  was  made  for  the  purpose  of  delay  only. 

§3652.  Affidavit  and  bond  being  made  and  delivered  as  re-g^,^^^^^^^^^ 
■quired  in  the  preceding  section,  it  shall  be  the  duty  of  the  Sheriff  p^j^^'p""^*^" 
or  other  levj-ing  officer  to  postpone  the  sale  of  said  property  until 
otherwise  ordered. 

§  3653.  In  all  cases  where  a  levy  is  made  upon  property  that  Fortucom- 
is  claimed  by  a  third  person,  and  such  person  shall  desire  the  pos- mfy^5e*^giy. 
session  thereof,  it  shall  be  the  duty  of  the  Sheriff  or  other  levying '^°' **^ 


J 


694  PT.  3.— TIT.  9.— CHAP.  1.— Claiais. 

Article  1. — How  and  by  wlioni  Interposed. 


officer  to  take  bond  with  good  security,  for  a  sum  equal  to  double 
the  value  of  the  property  levied  on,  to  be  estimated  by  the  levy- 
%^   '%    ing  officer  for  the  delivery  of  sncli  property  at  the  time  and  place 
of  sale,  provided  tlie  property  so  levied  n])on  sliull  be  found  sub- 
ject to  such  execution. 
Bonds  made      §8(154.  The  claim  bond  shall  be  made  payable  to  the  ])laintifi' 
^Tom.*~*"  in  execution,  and  the  forthcoming  liond  shall  be  made  payable  to 

the  Sheriff. 

Bond  rc'coT-     §  3655.  ]5ond  and  security  being  given  as  pro-vided  in  the  pre- 

fouS-e.""     vious  section,  it  shall  l)e  the  duty  of  the  Sheriff  or  other  levying 

officer  to  leave  such  property  in  the  possession  of  such  claimant, 

and  in  case  the  said  claimant  or  his  security  should  fail  to  deliver 

said  ])ro]>erty,  said  bond  shall  be  made  recoverable  in  any  court 

having  cognizance  of  the  same, 

Ptirtiicror       §3050.  OuB  of  Several  partners  or  persons  jointly  interested^ 

may^ciaim"^  may  make  the  affidavit  and  execute  the  bond  in  the  name  of  the 

""  firm  or  persons  jointly  interested,  who  shall  be  bound  thereby  afr 

though  each  individual  had  signed  it  liimself. 
Tax^/a*.  §  3657.  When  any  execution  may  be  issued  against  any  Tax 
ieTied,&c  Q(j11(3(.(.„i,  f^y  ^j^^  payer  for  taxes  due  the  State,  or  any  county 
thereof,  and  the  Sheriff  or  other  officer  shall  levy  the  same  on- 
property  claimed  by  a  person  not  a  ]>arty  to  such  execution,  sucli 
claimant  shall  make  oath  as  herein  provided  in  the  case  of  other 
claims,  and  give  bond  as  provided  in  se<;tron  818,  and  the  same 
proceedings  shall  be  had  thereon  as  provided  for  the  trial  of  the 
right  of  }»roperty,  except  that  such  trials  shall  be  had  in  the  coun- 
ty wherein  the  levy  was  made. 


ARTICLE  II. 

■VVHKN,  WUKKK  AND  IIOW  TRIKT>. 

SEcnoN.  'Section. 

3658.  To  what  court  claim  is  returnable-     :?662.  Burden  of  proof. 

3659.  Levy  on  slaves  by  Justices'  Court.  I  366:?.  Withdrawal  of  claim. 

3660.  Tried  by  petit  jury.  36C4.  Assessment  of  damages. 

3661.  Damages,  if  for  delay  only.  :;GG5.  Eitlicr  party  may  appeal. 

§  3658.  When  an  execution  issued  from  the  Superior  or  Infe- 
toberetnrn- rior  Courts  shall  be  levied  upon  personal  property,  and  claimed 
by  a  person  not  a  party  to  such  execution,  as  provided  in  this  Code, 
it  shall  be  the  duty  of  the  levying  officer  to  return  the  same,  to- 
gether with  the  execution,  to  the  next  term  of  the  court  from 


Where  claim 


FT.  3.— TIT.  9.— CHAP.  1.— Claims.  695 


Article  2. — When,  where  and  how  Tned. 


which  said  execution  issued ;  but  should  such  execution  be  levied 
upon  real  property,  and  the  same  shall  be  claimed  in  manner 
aforesaid,  it  shall  be  the  duty  of  the  officer  making  the  levy  to  re- 
turn the  same,  together  with  the  execution  and  claim,  to  the  next 
term  of  the  Superior  Court  of  tlie  county  in  which  the  land  so 
levied  upon  shall  lie. 

§3659.  "When  an  execution  from  a  Justices'  Court  shall   have  justices'  ot 
been  levied  on  one  or  more  slaves,  and  a  claim  to  such  slaves  have  slave." 
been  interposed  as  provided  by  this  Code,  such  execution   and 
claim  shall  be  returned  to  the  Superior  or  Inferior  Court,  which- 
ever may  first  sit  in  the  county  in  which  such  execution  issued. 

§3660.  The  court  to  which  a  claim   shall   be  returned,    shall  Tried  by 
cause  the  right  of  property  to  be  decided  on  by  a   petit  jury   at^"" '  ^^^^' 
the  first  term  thereof,  unless  continued  as  other  cases  at  common 
law. 

§  3661.  Every  juror  on  tlie  trial  of  the  claim  of  property,  either  pamageg 
real  or  personal,  except  jurors  in  Justices'  Court,  shall  be  sworn,  on'iy.^'*^ 
in  addition  to  the  oath  usually  administered,  to  give  such  damages, 
not  less  than  ten  per  cent.,  as  may  seem  reasonable  and  just,  to 
the  plaintift"  against  the  claimant,  in  case  it  shall  be  sufficiently 
shown  that  such  claim  was  made  for  delav  onh',  and  sucli  jury 

,..  -,  '11 '."^  1  n   '     T  '    Security  lia- 

may  give  a  verdict  in  manner  aforesaid,  by  virtue  whereof  judg-bie. 
ment  may  be  entered  up  against  the  claimant  and  his  security 
for  the  damages  so  assessed  by  the  jury  and  the  costs  of  the  trial 
of  the  right  ot  property. 

§  3662.  Upon  the  trial  of  all  claims  provided  for  in  tins  chap- Rurden  of 
ter,  the  burden  of  proof  shall  lie  upon  the  plaintift'  in  execution  plaintiff. 
in  all  cases  where  the  property  levied  on  is,  at  the  the  time  of 
such  levy,  not  in  possession  of  the  defendant  in  execution. 

§  3663.  Whenever  a  claim  of  property  is  made  in  terms  of  ciaim  not  t« 
this  Code,  and  returned  to  the  proper  court  by  tlie  Sheriff,  or  drawn, 
other  levying  officer,  tlie  claimant  shall  not  be  permitted  to 
withdraw  or  discontinue  liis  said  claim  more  than  once,  with- 
out the  consent  of  the  plaintift' in  execution,  or  some  person  duly 
authorized  to  represent  such  plaintift";  but  such  court  shall  pro- 
ceed to  the  trial  of  the  claim  of  such  property,  and  it  shall  bo  the 
duty  of  the  jury  to  assess  damages  accordingly. 

§  3664.  Upon  the  trial  of  claims  to  property  which  may   be  now  dama- 
pending  in  the  Superior  or  Inferior  Courts,  when  damages  shall  assessed, 
be  found  by  the  jury,  the  said  damages  shall  be  assessed  upon 
the  whole  amount  then  due  upon   the  execution,  provided  the 


-696  PT.  3.— TIT.  9.— CHAP.  1.— Claims. 

Article  1. — "When,  where  and  how  Tried. 

value  of  the  property  in  dispute  exceeds  the  amount  of  said  exe- 
cution, and  upon  the  value  of  the  property,  when  the  value  of 
the  property  is  less  than  tlie  execution  levied. 
Either  party     §3665.  Either  party  lu  claim  casGS  may  appeal  as  in  cases  at 

■  may  appeal.  i 

common  law. 


CHAPTER  II. 

OF  CLAIMS  AT  OTHER  SALES. 
Sec'mok.  Sectiojt. 

3666.  Land — liow  clauned,  at  ex'rs  sjile.    .S663.  Personaltj — claim  of. 

3667.  Where  tried.  3G69.  Claim  postpones  sale. 

Claims  at         §  3666.  Wlieu  an  executor,  or  administrator,  guardian,  or  other 

^?"  ^^    trustee,  shall  advertise  that  it  is  his  intention  to  apply  for  leave 

to  sell  any  real  estate,  as  the  property  of  liis  testator,   intestate, 

ward,  or  cestui  que  trud,  or  having  obtained  such  order,  it  may 

l)e  lawful  for  any  person  claiming  such  real  estate,  either  by  liim- 

self,  his  agent  or  attorney,  to  Hie  in  the  Court  of  Ordinary  an 

Affidavit      affidavit  claim  to  said  proijerty,  a  coi>v  whereof  shall  be  served  on 

and  copy     sucli  cxccutor,  administrator,  guardian,  or  trustee,  as  the  case 

may  be,  previous  to  the  day  oi  sale. 
Tried  by  §  3667.  Affidavit  having  been  made  and  tiled,  and  notice  hav- 

Snperior         ,      "  .  •        i    .         i  t  •  •         i      ii     i 

Court  in      ing  been  given,  as  required  in  the  preceding  section,  it  shall   be 
where  bn.i   tliG  dutv  of  the  Ordinary  to  transmit  such  claim  affidavit  to  the 

lies.  ''  ^  / 

next  term  of  the  Superior  Court,  of  the  county  where  the  land 
lies,  and  the  right  of  propert}'^  shall  be  there  tried,  u[)on  an  issue 
made  u]>  in  the  same  manner,  and  under  the  same  regulations, 
restrictions,  and  penalties,  as  are  provided  for  the  trial  of  claims 
to  property  levied  on  by  execution. 
Claim  to  §  366S.  "When  any  executor,  administrator,  guaMian,  or  other 

where  tii'cd.  trustcc,  sliall  advertise  to  sell  any  personal  property,  as  the  prop- 
erty of  his  testator,  intestate,  ward,  or  cestui  que  trust,  and  the 
same  shall  be  claimed  on  oath,  and  the  claim  affidavit  shall  have 
been  filed  and  served,  as  required  in  the  first  section  of  this 
chapter,  it  shall  be  the  duty  of  the  Ordinary  to  transmit  such 
claim  affidavit  to  the  Superior  or  Inferior  Court  next  to  be  held 
after  such  claim  is  filed,  in  the  county  where  such  executor,  ad- 
ministrator, guardian,  or  trustee,  resides. 
Claim  pest-  §  3669.  Whcu  a  claim  has  been  interposed,  as  provided  in 
the  preceding  sections,  the  sale  of  the  property  advertised  and 
claimed  shall  be  postponed  until  after  the  termination  of  the 
claim  case. 


PT.  3.— TIT.  10.— Evidence.  697 


Chapter  1. — General  Principles. 

TITLE  X. 

OF    EVIDEXCK. 

Chapter  1.  General  principles. 

Chapter  2.  Of  the  rules  governing  tlie  admission  of  testimony. 

Chapter  3.  Of  discovery  from  the  parties. 

Chapter  4.  Of  records  and  other  written  evidence. 

Chapter  5.  Of  oral  testimony. 

Chapter  6.  Of  interrogatories  and  depositions. 

Chapter  7.  Of  perpetuating  testimony. 


CHAPTER  I. 

OKXKRAL  PRIXCTPLRS. 

Sectiox.  i  Section'. 

3670.  Object  of  evidcuce.  ;5675.  Prcsimiplions  of  law  and  facts. 

3(571.  Sundry  dotinitious.  3G76.  Estoppels. 

3672.  Mental  conviction.  3677.  Pritna  facie  presumptions. 

3673.  Same  rules  in  all  courts  and  cases.    3678.  Xuuiber  of  witnesses  necessary. 

3674.  Matters  jtulioially  rccoj?nizod.         I 

§3070.  The  object  of  all  legal  investigation  is  the  discovery  object  of 
of  truth.     The  rules  of  evidence  are  framed  with  a  view  to  this  ^^ '"""'*'■ 
prominent  end — seeking  always  for  pure  sources  and  the  highest 
evidence. 

§3071.   Cuiitpetent  evidence  is  that  which  is  admissible.     *S'^(/'- sundry def- 

!■.  .1  -T  ,.,.  .,  ,,  1  initions. 

Jicicnt  evidence  is  tliat  which  is  satisfactory  tor  the  purpose. 
Cumulative  evidence  is  that  which  is  additional  to  other  already 
obtained.  Direct  evidence  is  that  which  immediately  points  to 
the  question  at  issue.  Indirect,  or  circumstantial  evidence  is 
that  which  only  tends  to  establish  the  issue,  by  proof  of  various 
facts,  sustaining  by  their  consistency,  the  hypothesis  claimed. 
Pr€sumj[)tlve  evidence  consists  of  inferences  drawn  by  human 
experience  from  the  connection  of  cause  and  eifect,  and  obser- 
vations of  human  conduct. 

§3072.  Moral  and  reasonable  certainty  is  all  that  can  be  ex- Amount  of 
pected  in  legal  investigation.     In  all  civil  cases  the  preponder-  riction. 
ance  of  testimony  is  considered  sufficient  to  produce  mental  con- 
viction.    In  criminal  cases  a  greater  strength  of  mental  convic- 
tion is  held  necessary  to  justify  a  verdict  of  guilty. 


698 


PT.  3.— TIT.  10.— EVTOENCE. 


Chapter  1. — General  Principles. 


Same  rules 
in  all  courts 

and  cases. 


Matters  ju- 
dicially rec 
og:nize(l. 


Presuinp- 
tions  of  law 
and  fact. 


Estoppels 


Sxamples. 


Prima  fa- 
tiie  prc- 
snmptioDS. 


§  3673,  Generally,  the  rules  of  evidence  are  the  same  in  all 
the  courts  of  this  State,  and  upon  every  trial  the  exceptions  ex- 
ist only  by  express  statute. 

§  3674.  The  existence  and  territorial  extent  of  States,  their 
form  of  government,  and  symbols  of  nationality,  the  laws  of  na- 
tions and  general  customs  of  merchants,  the  admiralty  and  mar- 
itime courts  of  the  world  and  their  seals,  the  political  constitu- 
tion and  history  of  our  own  Government,  as  well  as  the  local 
divisions  of  our  own  State,  the  seals  of  the  several  departments 
of  the  Government  of  the  Cunfederate  States,  and  of  the  several 
States  of  the  Confederacy',  and  all  similar  nuitters  of  public;  knowl- 
edge are  judicially  recognized  without  the  introduction  of  proof. 

§  3675.  Presumptions  are  either  of  law  or  of  lart.  The  for- 
mer are  conclusions  and  inferences  which  the  law  draws  from 
given  facts.  The  latter  are  exclusively  questions  for  the  jury,  to 
be  decided  by  the  ordinary  test  of  human  experience. 

§  3676.  Presumptions  of  law  are  sometimes  conclusive,  and  an 
averment  to  the  contrary  will  not  be  allowed.  These  are  termed 
estoppels,  and  are  not  generally  favored.  Amoug  these  are  the 
presumptions  in  favor  of  a  record  or  judgment  unreverso^l,  of  the 
proper  conduct  of  courts  and  judicial  officers  acting  within  their 
legitimate  sphere.  Of  other  officers  of  the  law  after  lapse  of 
time  has  rendered  it  dangerous  to  open  the  investigation  of  their 
acts  in  regard  to  mere  formalities  ol  the  law.  Of  ancient  deeds, 
and  other  instruments  more  than  thirty  years  old,  when  they 
come  from  the  proper  custody,  and  possession  has  been  held  in 
accordance  with  them.  Pecitals  in  deeds,  except  payment  of 
purchase  money  as  against  tlie  grantor  acting  in  his  own  right, 
and  Sid  juris  and  his  privies  in  estate,  blood  and  in  law.  The 
landlord's  title,  as  against  his  tenant,  while  tenant  in  possession. 
Solemn  admissions  made  ni  judicio,  and  other  admissions,  upon 
which  other  parties  have  acted,  either  U)  their  own  injury  or  the 
benelit  of  the  persons  making  the  admissions,  and  similar  cases 
where  it  would  be  more  unjnst  and  productive  of  m<jre  evil  to 
hear  the  truth  than  to  bear  the  investigation. 

§  3677.  Other  presumptions  of  law,  such  as  of  innocence,  and 
in  some  cases  of  guilt — of  continuance  of  life  for  seven  years,  of 
a  mental  state  once  proved  to  exist,  and  all  similar  presumptions 
may  be  rebutted  by  proof. 

§  3678.  The  testimony  of  a  single  witness  is  generally  sufficient 
to  establish  a  fact.     Exceptions  to  this  rule  are  made  in  specified 


£^-  ^- — TIT.  10.— Evidence.  ^99 

Chapter  1.— General  Principles. 


fin  V  "S7^^^ 
re  ZV     T.       '^  ^  ''''°'''  ''  ""  accomplice  ;  and  to  rebut  a^^^. 
responsive  statement  in  an  answer  in  equity-in  these  cases  (ex-  JL 

cept  m  treason)  corroborating  circumstances  mav  dispense  witli  ^ 

another  witness.  "         ^ 


CHAPTER  Jr. 

OF  RULES  GOVERNINCx  THE  ADMISSION  OF  TESTIMOxNY. 

Article  1.  General  rules. 

Article  2.  Of  hearsay. 

Articlk  3.  Of  admissions  and  confessions. 

Article  4.  Of  parol  evidence  to  effect  written. 


ARTICLE  I. 

GENERAL  RULES. 

Section. 
•j/j-o   nf    . ,  Section. 

•ibi3.  Must  bo  relevant 


"".«.  .muoi,  uo  relevant.  qpqp    n     ■ 

3680.  c.a.c.o.  .a  »„.„«„.  ,„j  ^:  tiz::z-"^'''- 

368 L  Burden  of  proof.  I   oreo    r        •    .    •'^'^• 

3682.  Changing  onus.  ^  Zll'  !°f"i^^'°"^  «"  mouumeuts,  &c. 

•iRsq    -R^^f  ^  -1  I  ^^^-  Other  exceptions. 

sibiiS.  Best  evidence.  oRon    q        a            . , 

308.  ^,  „ ,  ,_,„,.,  „,^„„  nil  — ^;-- 

3685.  Written  evulonce.  Ufioo    v      .  p      .. 

I  Joyj.  E.xistence  of  original. 

§  3679.  The  evidence  nnist  relate  to  tlie  qnestioDS  beinc  tried  u  .k     , 
by  the  jury,  and  be-ar  upon  them  either  direetly  or  i^dSeeth  *- 
Irrelevant  matter  should  be  e.wlnded  mairectlj  . 

uatureof  thea cti!r:  Zs  ^h  Ihtrr  ™'^'"'  T'"^  "'^°"-*"' 
sarv  or  7.rnT.o,.  f  1     •        ;  character  and  renders  neces- 

sary or  pioper  the  investigation  of  such  conduct. 

§3681.  The  burden  of  proof  n-enerflllx-  lio^  •,.,.      *i 
serting  or  affirmino-  .  fiof  Ja  "^^'l.^^'^^  "P«^  the  party  as- Borden  «f 

t,    1  cuuiramg  a  tact,  and  to  the  existence  of  whose  casp  nv^"""^- 
defence  the  proof  of  such  fact  i.  essential.     If  a  negat  o"  or  ne" 
at.ve  athrmafon  be  so  essential,  the  proof  of  such  ne<.ative  1  es 
on  the  piirty  so  affirming  it.  negative  Jies 

oniaen  of  pioot,  ,s  u  question  to  be  decided  in  each  case  by  the    "' 
sound  discretion  of  the  court.  ^ 


FT.  3.— TIT.  10.— CHAP.  2.— Evidence. 


Article  1. — General  Rules. 


Best  eTi 
dencc. 


§  3683.  The  best  evidence  whicli  exists  of  the  fact  sought  to  be 
proved  must  be  produced,  unless  its  absence  is  satisfactorily  ac- 
counted for, 

§  3684.  Primary  evidence  is  such  as  in  itself  does  not  indicate 
the  existence  of  other  and  better  proof.  Secondary  evidence  is 
such  as  from  necessity  in  some  cases  is  substituted  for  stronger 
and  better  proof. 

§  3685.  Written  evidence  is  considered  of  higher  proof  than 
oral,  and  in  all  cases  where  the  parties  have  reduced  their  con- 
tract, agreement  or  stipulation  to  writing,  and  assented  thereto, 
it  is  the  best  evidence  of  the  same. 

§  3686.  Copies  of  records  of  judicial  proceedings,  and  wills  ad- 
mitted to  probate,  are  admitted  as  primary  evidence,  when  prop- 
erly authenticated.  In  all  other  cases,  a  copy  is  secondary  evi- 
dence. 

§  3687.  An  officer  de  facto  may  be  proved  by  his  acts,  witli- 
out  the  production  of  his  commission  or  appointment. 

§  3688.  Inscriptions  on  walls,  monuments,  and  other  lixed  ob- 
mento,  &c.   jccts,  may  be  proved  by  copies  established  as  such, 
otherexcop-     §3689.  Other   cases   of  necessity,   or   manifest   convenience, 
resting  on  like  principles  of  reason  and  justice,  may  be  made  ex- 
ceptions to  the  general  rule. 

§  3690.  In  order  to  admit  secondarj'  evidence,  it  must  appear 
that  the  primary  evidence,  for  some  sufficient  cause,  is  not  acces- 
sible to  the  diligence  of  the  part}'.  This  showing  is  made  to  the 
court  who  will  hear  the  party  himself,  on  the  question  of  dili- 
gence, and  the  inaccessibility  of  the  ^>;'//y<«ry  evidence. 

§  3691.  There  are  degrees  in  secondary  evidence,  and  the  best 
should  always  be  produced.  Thus,  a  duplicate  is  better  than  a 
copy,  and  an  examined  copy  than  oral  evidence. 

§  3692.  The  existence  of  a  genuine  original,  is  essential  to  the 
admissibility  of  a  copy.  The  amount  of  evidence  to  show  such 
existence,  must  vary  with  the  circumstances  of  each  case. 
Where  no  direct  issue  is  made  upon  this  fact,  slight  evidence 
would  be  sufficient. 


Primary  and 

secondary 

evidence. 


■Written  eri 
dence. 


Wills  and 
records. 


Officer  rf« 
fact«. 

Inscriptions 
on  monu- 


tions. 


Secondary 
evidence — 
when  ad- 
mitted. 


Degrees 
therein. 


Original  ex 
istence  of. 


PT.  3.— TIT.  10.— CHAP.  2.— Evidence. 


701 


Article  2. — Of  Hearsay. 


ARTICLE  II. 


OF  HEARSAY 


Bectiox. 
:)(id?t.  Hearsay  evidence. 

Sometimes  original  evidenco. 

Pedigree. 

Ees  gesf<f. 

Declarations  of  persons  in  posses'n 

Declarations  of  conspirators. 
:!699.  Of  deceased  persons. 


:'.G94. 
:i695. 
;!696. 
3G97. 


Section'. 

3700.  Books  of  account. 

3701.  Matters  of  public  interest. 

3702.  Ancient  documents. 

3703.  Ancient  boundaries  and  landmarks 

3704.  Dying  declarations. 

3705.  Testimony  of  witnesses. 


§3693.  Hearsay  evidence  is  that  wliich  does  not  derive  its  Hearsay  evi- 
value  solely  from  the  credit  of  the  witness,  but  rests  mainly  on  ^^■*^*'- 
the  veracity  and  competency  of  other  persons.     The  very  nature 
of  the  evidence  shows  its  weakness,  and  it  is  admitted  only  in 
specified  cases  from  necessity. 

§3694:.  When  in  a  legal  investigation,  information,  con  versa- 3^^^^.^^^^, 
tions,  letters,  and  replies,  and  similar  evidence,  are  facts  to  ex-  j^^^,"*'  *"' 
plain  conduct  and  ascertain  motives,  they  are  admitted  in  evi- 
dence not  as  hearsay,  hut  as  original  evidence. 

§  3095.  Pedigree,  including  descent,  relationship,  birth,   mar-  peaigree. 
riage,  and  death,  may  be  proved  either  by  the  declarations  of  de- 
ceased persons  rchited  by  blood  or  marriage,  or  by  general  repute 
in  the  family,  or  by  genealogies,  inscriptions,  "family  trees,"  and 
similar  evidence. 

§  3696.  Declarations  accompanying  an  act,  or  so  nearly  con-  ^^,  ^^,^^ 
nected  therewith  in  time  as  to  be  free  from  all  suspicions  of  de- 
vice or  after-thought,  are  admissible  in  evidence  as   part  of  res 
gestc^. 

§  3697.  Declarations  of  a  person  in  possession  of  property  in  Declarations 
disparagement  of  his  own  title,  are  admissible  in  evidence,  in  fa-  ll  fosles-* 
vor  of  any  one,  and  against  privies.     Declarations  in  favor  of  his  "°"- 
own  title  are  admissible  to  prove  his  adverse  possession. 

§  3698.  After  the  fact  of  conspiracy  is  proved,  the  declarations  Declarations 
of  any  one  of  the  conspirators  during  the  pendency  of  the  crim-  torsT*'""^"" 
inal  project,  are  admissible  against  all. 

§  3699.  The  declarations  and  entries  of  a   person,  since  de-  or  .ie«eascd 
ceased,  against  his  interest,  and  not  made  with  a  view  to  pendino-  p^"**"*- 
litigation,  are  admissible  in  evidence  in  any  case. 

§  3700.  The  books  of  account  of  any  merchant,   shop-keeper,  Books  of 
physician,  blacksmith,  or  other  person  doing  a  regular  business  *''*'*'""*• 


«kM|^ 


•^ 


702  FT.  3.— TIT.  10.— CHAP.  2.— Evidence. 

Article  2. — Of  Hearsay. 


and  keeping  dailj  entries  thereof,  may  be  admitted  in  evidence, 
as  proof  of  such  accounts,  upon  tlie  follo\ving  conditions : 

1.  That  he  kept  no  clerk,  or  else  the  clerk  is  dead,  or  other- 
wise inaccessible. 

2.  Upon   proof,  (the  party's  oath  being   sufficient,)  that  the 
book  tendered  is  his  book  of  original  entries. 

3.  Upon  proof,  (by  his  customers,)  that  he  usually  kept  correct 
books. 

4.  Upon  inspection  by  the  court,  to  see  if  the  books  are  free 
from  any  suspicion  of  fraud. 

MfittprBof       §3701.  Hearsay  evidence  as  to  declarations  of  deceased  per- 
Mt. '"*"*'  sons  as  to  ancient  rights,  and  made  before  tlie  litigation  arose, 
are  admissible  to  prove  matters  of  public  interest,  in  wliicli  tlie 
whole  community  arc  supposed  to  take  interest,  and  to  hare 
knowledge. 
Aiioicnt doc-     §3702.  Ancient  documents  })urporting   to  be  a   part   of  the 
uments.       transaction  to  whicli  they  relate,  are  admissible  in  evidence. 
Ancient  §  3703.  Traditionary  evidence,  as  to  ancient  boundaries  and 

and"and-*^*  landmarks,  is  admissible  in  evidence,  the  weight  to  be  deter- 
mined by  tlie  jury,  according  to  the  source  whence  it  comes. 
Dyingdccia-  §3704:.  Dying  declarations  made  by  any  i)erson  in  the  article 
of  death,  who  is  conscious  of  his  condition,  as  to  the  cause  of  his 
death,  and  the  person  who  killed  him,  are  admissible  in  evidence, 
in  a  prosecution  for  the  homicide. 
Testimonj-  §3705.  Tlic  tcstimouy  of  a  witness,  since  deceased,  or  dis- 
onfi.rmcr*  qualified,  or  inaccessiblc  for  ally  cause,  given  under  oath  on  a 
former  trial,  upon  substantially  the  same  issue,  and  between 
substantially  the  same  parties,  may  be  proved  by  any  one  who 
heard  it,  and  who  professes  to  rememl)er  the  substance  of  the 
entire  testimony,  as  to  the  particular  matter  about  which  he  tea- 
tifies. 


trial 


FT.  3.— TIT.  10.— CHxVP.  -2.— Evidence.  703 


Article  3. — Of  Admissions  and  Confessions. 


ARTICLE  III. 

OF  ADMISSIONS  AND  CONFESSIONS. 


Sbctiox.  Sectio.v. 

3715.  Weight  of  sucU  evidence. 
3116.  Confessions  must  be  voluntary. 
3717.  Under  promise  of  secrecy,  &c. 


3706.  Definition. 

3707.  Parties  to  record. 

3708.  Real  parties  in  interest. 

3709.  Of  stranger.^. 

3710.  Of  agents 

3711.  Of  privies. 

3712.  Admissions  improperly  obtained. 

3713.  Effect  of  silence. 

3714.  Entire  conversation. 


3718.  Material  facts  discovered. 
3710.  Confession  of  con.spirator.si. 

3720.  Coulidential  communications,  fic. 

3721.  Attorney  and  client. 

3722.  When  grand  juror  may  disclose. 


§  370(5.  Admissions  usually  refer  to  civil  case-"> ;  contessious  to  Doiiniiimi. 
criminal. 

§  3707.  The  admission  of  a  nartv  to  the  record  is  admissible  in  Partiosto 
evidence  when  offered  by  tlie  other  side,  except  in  the  following 
cases : 

1.  In  case  of  a  mere  nominal  party  or  naked  trustee. 

2.  Where  there  are  several  parties  witli  no  joint  interest,  the 
admissions  of  one  cannot  be  received  unless  the  issue  is  of  such  a 
character  tliat  theeffeet  of  the  admission  can  be  restrained  to  him 
alone. 

3.  The  admissions  of  any  trustee  before  lie  is  clothed  with  the 
trust. 

4.  Defendants  in  Ji-.  fa.  in  claim  cases  after  the  pendency  of 
litigation. 

§3708.  The  admission  of  the  real  party  in  interest  is  admissi- iioMiwrties 

111  111  ,       f  ii'i  •  lio  intorest. 

ble  thougli  he  be  not  ot  record,  subject  to  the  exceptions  stated 
above. 

§3709.  The  admissions  of  third  persons  strangers  to  the   suitofstraugers. 
are  received  in  evidence — 

1.  When  the  party  refers  to  such  third  person  for  information. 

5.  Admissions  made  by  a  third  person  against  his  interest  as 
to  a  fact  collateral  to  the  main  issue  between  the  litigants,  but 
essential  to  the  adjudication  of  the  cause. 

3.  Statements  of  an  interpreter  where  from  any  cause  he  can- 
not be  sworn. 

§  3710.  The  admissions  of  an  agent  or  attornev  in  fact,  during nc  ,,.„.. 
the  existence  and  in  pursuance  of  his  power,  are  evidence  against 
the  principal. 


704:  FT.  3.— TIT.  10.— CHAP.  2.— Evidence. 


Article  3. — Of  Admissions  and  Confessions. 


lence. 


Entire  con- 


of  privies.  §  3711.  The  admissions  of  privies  in  blood,  privies  in  estate,  and 
privies  in  law,  are  admissible  as  au'ainst  the  parties  themselves, 
but  declarations  ofjirivies  in  estate,  after  the  title  has  ])as?ed  out 
of  them,  cannot  be  received. 

Aamissions      §3712.  Admissioiis  obtained  by  constraint,  or  V>y  fraud,  or  by 

ISe?^  drunkenness  induced  I'or  the  purpose ;  or  admissions  or  jyroposi- 
tions  made  with  a  view  to  a  compromise  are  not  proper  evidence. 

Effectofsi-  §3713.  Acquiescence,  or  silence  when  the  circumstances  re- 
(luire  an  answer  ()r  denial,  or  other  conduct   may  amount  to  an 

admission. 

§371-1.  "When  an  admission  is  given  in  evidence  it  is  the  right 
versation.     q^' ^j^^  (jt],ej.  party  to  have  the  wliolc  admissiou  aud^  all  the   con- 
versation connected  therewith. 
Weight  of        §  3715.  All  admissions  should  l>o  scanned  with  care  and  confes- 
.Tence!'''     gious  of  .ii;uilt  sliould  be  received  with  great  caution.     A   confes- 
sion alone,  uncorroljorated  by  other  evidence,  will  not  justify 
a  conviction. 
Confessions       §3710.  To  uuikc  a  confession  admissible,  it  must  have  l)een 
My! """'"  made  voluntarily  without  bein«,r  induced  by  another,  by  the  slight- 
est hope  of  benefit  or  remotest  fear  of  injury. 
undcrpron.      §3717.  The  lact  that  a  confession  is  made  under  a  spiritual 
i^s^of^sece-  (,^.i\^,.t.^tion,  or  a  promise  of  secrecy,  ov  a  j.romise  of  collateral 

benefit  shall  not  exclude  it. 
Material  §  3718-  -^^^7  material  facts  discovered  by  a  confession  by  a  pris- 

fact^s  disoov-  ^^j^^j.  j^^j^y  |jg  proved,  and  the  fact  of  its  discovery,  by  reason  of 

such  information,  though  the  confession  is  rejected. 
Confession       §  3710.  The  coufession  of  one  joint  offender  or  conspirator,  made 
of  conspua-  ^^^^^  ^^^^  enterprise  is  ended,  is  admissible  only  against  himself. 
S  3720    There  are  certain  admissions  and  communications  ex- 

Confldential        o      '       • 

commnni«»-  cluded  from  public  policy ;  among  these  are — 

1.  Communications  between  husband  and  wife. 

2.  Between  attorney  or  counsellor  and  client. 

3.  Among  grand  jurors. 

4.  Secrets  of  State. 
Attorney         §3721.  Communications  to  any  attomey   or  his   clerk   to   be 

transmitted  to  the  attorney  pending  his  employment,  or  in  an- 
ticipation thereof  should  never  be  heard  by  the  court.  So  the 
attorney  cannot  be  compelled  to  disclose  the  advice  or  counsel 
he  may  give  to  his  client,  nor  to  produce  or  deliver  up  title  deeds, 
or  other  papers,  except  evidences  of  debt,  left  in  his  possession  by 
his  client.     This  rule  does  not  exclude  the  attorney  as  a  wit- 


and  client. 


PT.  3.-TIT.  10.— CHAP.  2.— Evidence,  705 

Article  3. — Of  Admis'.ions  and  Confessions. 

nes8   to  any  facts  wliicli  may  transpire  in  connection  with  his 
em  ploy  men  t. 

§3722.  Grand  jurors  sliall  disclose  everything  wliich  occurs  When  gran -i 

1      .  •  1  .     1  "  .  «j'irt)rs  may 

in  their  service  wlienever  it  becomes  necessary,  in  any  court  of  disclose 
record  in  this  State. 


ARTICLE  IV. 

OK  PAROL  KVIDKNCK  TO  AFFECT  WRITTEN. 

iStUTlO.N.  ,'Sectiox. 

3723.  General  rule.  i   3728.  Usage. 

3724.  Contemporaneous  writings.  3720.  Other  cases. 

3725.  Void  instruments.  3730.  Receipts. 

3726.  Where  partoulj^  is  in  writing.  37,"1.  Blank  endorsements. 

3727.  Surrounding  circumstances.  3732.  Reducing  deed  to  mortgage. 

§  3723.  Pai-ol  contemporaneous  evidence  is  admissible  gener-  General  rule 
ally  to  contradict  or  vary  the  terms  of  a  valid  written  instrument. 

v$  372-1.  All  contemporaneous  writings  are  admissible  to  ex-contcmpo- 
plain  each  other,  and  parol  evidence  is  admissible  to  exj:)lain  all  tings  ambic 
ambiguities  both  latent  and  patent. 

§3725.  Parol  evidence  is  admissible  to  show  that  the  writing  Void  instm- 
was  either  originally  void  or  has  sul)sequently  become  so. 
'    §3720.  If  the  writing  does  not  purport  to  contain  all  the  stip- where  part 
ulations  of  the  contract,  parol  evidence  is  admissible  to  prove  wuing!" 
other  portions  thereof  not  inconsistent  with  the  writing,  so  col- 
lateral undertakings  between  parties  of  the  same  part  among 
themselves  would  not  properly  be  looked  for  in  the  writing, 

§  3727.  The  surrounding  circumstances  are  always  proper  sub-sunouudins' 
jects  of  proof  to  aid  in  the  construction  of  contracts.  ci^rcumstan- 

§  372S.  In  like  manner  evidence  of  known  and  established  usage  usage, 
is  admissible  for  the  same  purpose  as  well  as  to  annex  incidents. 

§3729.  Parol  evidence  is  also  admissible  to  rebut  an  equity,  to  other  case. 
discharge  the  entire  contract,  to  prove  a  new  and  distinct  subse- 
quent agreement,  to    enlarge  the  time  or  change  the  place  of 
performance. 

§3730.  Receipts  for  money  are  nlweiys  only p?nma  facie  evi- Receipts. 
dence  of  payment  and  may  be  denied  or  explained  by  parol. 

§3731.  Blank  endorsements  of  negotiable  paper  may  always  Blank  en- 
be  explained  between  the  parties  themselves,  or  those  taking  with '''"'""''■"■' 
notice  of  dishonor  or  of  the  actual  facts  of  such  endorsements. 
45 


706 


FT.  3.— TIT.  10.— CHAP.  2.— EvroENCE. 


Article  4.— Of  Parol  Kvideace  to  Affect  Written. 


iteducing 
deed  to 
rnortgaare. 


§3732.  A  deed  or  bill  of  sale,  absolute  on  its  lace  and  accom- 
panied with  possession  of  the  property,  shall  not  be  proved  (at 
the  instance  of  the  parties)  by  parol  evidence  to  be  a  mortgage 
only,  nnless  fraud  in  its  procurement  is  the  issue  to  be  tried. 


CHAPTER  III. 


OF  DISCOVERY  FROM  THE  PARTI K; 


Section. 

3733.  Di.scovery  at  law. 

3734.  Just  as  other  witnesses. 

3735.  Privilege  of  oral  examination. 


j  Section-. 

[  373G.  Failing  lo  answer,  or  evading 

I  3737.  Privileged  matters. 


Discovery 

nt  law. 


(ti-  witnesses 


§  3733.  Discovery  may  be  had  from  the  opposite  party,  either 
nominal  or  real,  in  any  case  i)ending  in  any  court  in  this  State. 
Just  as  oth-  §3734.  The  party  seeking  tlic  discovery  may  either  subpfona 
the  other  party  as  a  witness,  or  else  file  interrogatories,  and  sue 
out  a  commission,  as  in  cases  provided  for  other  witnesses.  In 
the  latter  event  the  right  of  cross  examination  exists  as  in  other 
cases. 

§3735.  When  interrogatories  are  tiled  in  office,  and  notice  giv- 
en thereof,  it  shall  be  the  duty  of  the  party  sought  to  be  exam- 
ined, to  see  to  the  execution  and  return  of  the  same  before  the 
return  term  thereof.  "  ^ 

§  373G.  A  party  failing  to  appear,  without  sufficient  excuse, 
when  properly  subpcenaed,  or  failing  or  refusing  to  answer,  either 
orally  or  to  the  interrogatories  filed,  or  answering  evasively,  shall 
be  subject  to  attachment  for  contempt,  and  the  court  may  also 
dismiss  his  case,  if  he  be  plaintitf,  or  strike  out  his  pleas,  if  he  be 
defendant,  or  give  such  other  direction  to  the  cause  as  is  consistent 
with  justice  and  equity. 

§3737.  No  party  shall  be  required  to  testify  as  to  any  matter 
which  may  criminate  or  tend  to  criminate  himself,  or  which  shall 
tend  to  work  a  forfeiture  of  his  estate,  or  which  shall  tend  to 
bring  infamy,  or  disgrace,  or  public  contempt  upon  himself,  or 
any  member  of  his  family. 


I'rivilegeof 
oral  exami- 
nation. 


Falling  to 
answer  »ir 
answering 
evasively. 


Privileged 
matters. 


PT.  3.— TIT.  10.— CHAP,  -i.— Evidence. 

Article  1. — Of  Records  and  rublic  Documents. 


CHAPTER  IT. 

OF  RECORDS  AND  OTHER  WRITTEN  EVIDENCE. 


Article  1.  Of  records  and  public  documents. 
f     Article  2.  Of  private  writings. 


ARTICLE  I. 


OF  RECORDS  AND  PUBLIC  DOCUMENTS. 


SE(JTI0K. 

."^738    Laws  and  resolutions. 

3739.  E.xemplificatioiis. 

3740.  When  primary  evidence. 

3741.  Records  lost  or  destroyed. 

3742.  Proof  of  registry. 

3743.  Certified  copy. 

3744.  If  registry  is  destroyed. 

3745.  Presumption  of  y)roper  probate. 


Section. 

3746.  Former  acts  continued  in  force. 

3747.  Laws  of  C.  S  and  several  States. 

3748.  Foreign  laws. 

3749.  Effeels  of  judgments  as  evidence. 

3750.  Judgment  m  ran. 

3751.  Not  evidence  for  witness. 

3752.  How  attacked. 

3753.  Notarial  acts. 


§3738.  All  laws  and  resolutions  of  the  General  Assembly,  asLawsnnd 
published  by   authority,  shall  be  held,   deemed,  and  considered ""''""  ""''°*' 
public  laws,  and  recognized,  judicially,  without  proof.     The  jour- 
,jials  of  each  branch  of  the  General  Assembly,  as  published,  shall 
l^  nil  like  manner,  recognized  without  proof. 

§  3T39.  The  certiticate,  or  attestation,  of  any  public  officer,  Kxcmpiifica- 
either  of  this  State,  or  any  county  thereof,  shall  give  sufficient 
validity  or  authenticity  to  any  copy  or  transcript  of  any  re- 
cord, document,  paper  of  file,  or  other  matter  or  thing  in  their 
respective  offices,  or  pertaining  thereto,  to  admit  the  same  in 
evidence  in  any  court  of  this  State. 

§3740.  Such  exemplifications  shall  be  primary  evidence  as  to -^yrij^^  pn. 
all  records,  or  other  things  required  by  law  to  remain  in  such  j"'|[^,f"' 
offices,  but  only  secondary  evidence  as  to  such  documents  as  by 
law  properly  remain  in  the  possession  of  the  party. 

§  3741.  When  a  record  has  been  burned,  or  otherwise  des-  Records  lost 
troyed,  its  contents  may  be  proved  by  any  secondary  evidence,*""*'"^''' 
which  does  not  disclose  the  existence  of  other  and  better  evi- 
dence. 

§  3742.  The  official  entry  of  the  proper  officer  on  a  paper,  p^oof  of 
shall  be  sufficient  evidence  of  its  registry.  registry. 

§  3743.  If  the  original  of  any  paper,  properly  registered,  is 


708 


PT.  3.— TIT.  10.— CHAP.  4.— Evidence. 

Article  1. — Of  Records  and  Public  Documents. 


Certified 
copy. 


If  registry 
is  destroyed. 


Presump- 
tion of  prop- 
er probate. 


Former  acts 
continued  in 
force. 


Laws  of  C. 
8.  and  seve- 
ral States. 


Foreign 
laws. 


Effect  of 
.judgments 
as  evidence. 


Judgments 
in.  rem. 
Not  evi- 
dence for 
witness. 


How  at- 
tacked. 


Notarial 
acts. 


lost  or  destroyed,  a  certified  copy,  from  the  registry,  sliall  be 
deemed  good  secondary  evidence. 

*J  37-14.  It"  tlie  registry  has  also  been  destroyed,  before  a  co])y 
has  been  made  and  certified,  any  secondary  evidence  is  admissi- 
ble to  prove  the  original,  and  its  registry,  which  does  not  dis- 
close the  existence  of  other  and  better  evidence. 

§3745.  If  the  original  is  fonnd  to  have  been  recorded,  and  it 
does  not  appear  whether  it  was  done  on  proper  probate,  the 
court  shall  presume,  until  the  contrary  appears,  that  the  same 
was  done  on  proper  probate. 

§  3746.  All  the  acts  heretofore  passed,  allowing  j)apers  im- 
properly registered,  and  their  copies,  when  lost,  to  be  admitted 
in  evidence,  shall  be  continued  in  force. 

§  3747.  The  public  laws  of  tlie  Confederate  States,  and  of  the 
several  States  thereof,  as  published  by  authority,  shall  be  judi- 
cially recognized,  without  prctof. 

§  3748.  Foreign  laws  and  judgments  must  be  authenticated 
under  the  great  seal  of  their  rcs]>ective  States. 

§  3749.  A  judgment  is  admissible  between  any  parties,  to  show 
the  fact  of  the  rendition  tliercof,  but  between  parties  and  pri- 
vies it  is  conclusive  as  to  the  matter  directly  in  issue,  until  re- 
versed or  set  aside. 

§  3750.  A  judgment  in  rem  is  conclusive  upon  everybody. 

§3751.  A  judgment  is  inadmissible  for  any  purpose  in  favor 
of  a  party  upon  whose  testimony,  in  whole,  or  in  part,  it  was 
rendered,  except  judgment  from  Justices'  Court. 

§  3752.  A  judgment  that  is  void,  may  be  attacked  in  any 
court,  and  by  anybody.  In  all  other  cases  judgments  cannot  be 
impeached  collaterally,  but  must  be  set  aside  by  the  court  ren- 
dering them. 

§  3753.  All  notarial  acts,  of  Notaries  Public,  in  relation  to  bills 
of  exchange,  drafts,  and  promissory  notes,  required  to  be  done 
by  the  laws  of  this  State,  may  be  proved  by  the  certificate  of 
such  iS^otary,  under  his  hand  and  seal ;  Provided^  such  certificate 
is  tiled  in  the  court  at  its  first  term,  and  permitted  there  to  re- 
main until  the  trial. 

The  following  acts  of  Congress,  being  frequently  needed  ibr 
reference,  are  here  inserted  : 


Act  of  Congress  of  May  26,  1790.     1   Gray ;  Digest  272. 
The  acts  of  the  Legislatures  of  the  several  States,  shall  be  au- 


PT.  3.— TIT.  10— CHAP.  4.— Evidence.  709 


Article  1. — Of  Records  and  Public  Documents. 


thenticated  by  having  the  seal  of  their  respective  States  affixed 
thereto.  The  records  and  judicial  proceedings  of  the  courts  of 
any  State  shall  be  proved,  or  admitted,  in  any  other  court  within 
the  United  States,  by  the  attestation  of  the  Clerk,  and  the 
seal  of  the  court  annexed,  if  there  be  a  seal,  together  with  the 
certiiicate  of  the  Judge,  Chief  Justice,  or  Presiding  Magistrate, 
as  the  case  may  be,  that  the  said  attestation  is  in  due  form. 
And  the  said  records  and  judicial  proceedings,  authenticated  as 
aforesaid,  shall  have  such  faith  and  credit  given  to  them  in  every 
court  within  the  Fnited  States,  as  they  have  by  law  or  usage 
in  the  courts  of  the  State  from  whence  the  said  records  are,  or 
shall  be  taken. 

Act  of  Congress  of  March  27,  1804.  Sec.  2,  Gray  ;  Digest  180. 
''  From  and  after  the  passage  of  this  act,  all  records  and  ex- 
em})liii('ations  of  ottice  books,  which  are,  or  may  be  kept  in  any 
public  otfice  of  any  State,  not  appertaining  to  a  court,  shall  be 
proved  or  admitted  in  any  other  court  or  office  in  any  other 
State,  by  the  attestation  of  the  keei)er  of  the  said  records  or 
books,  and  the  seal  of  his  office  thereunto  annexed,  if  there  be  a 
seal,  together  with  a  certificate  of  the  presiding  justice  of  the 
court  of  the  county  or  district,  as  the  case  may  l)e,  in  which  such 
office  is,  or  may  be  kept ;  or  of  the  (xovernor,  the  Secretary  of  State, 
the  chancellor  or  the  keeper  of  the  great  seal  of  the  State,  that 
the  said  attestation  is  in  due  form,  and  by  the  proper  officer,  and 
the  said  certificate,  if  given  by  the  presiding  justice  of  a  court, 
shall  be  further  authenticated  by  the  clerk  or  prothonotary,  of  the 
said  court,  who  shall  certify  under  his  hand  and  the  seal  of  his 
office,  that  the  said  presiding  justice  is  duly  commissioned  and 
qualified ;  or  if  the  said  certiiicate  be  given  by  the  Governor,  the 
Secretary  of  State,  the  chancellor  or  keeper  of  the  great  seal,  it 
shall  be  under  the  great  seal  of  the  State,  iu  which  the  certifi- 
cate is  made.  And  the  same  records  and  exemplifications,  au- 
thenticated as  aforesaid,  shall  have  such  faith  and  credit  given 
to  them  in  every  court  and  office  within  the  United  States, 
as  they  have  by  law  or  usage  in  the  courts  or  offices  of  the  State 
from  whence  the  same  are,  or  shall  be  taken." 


710  PT.  3.— TIT.  10.— CHAP.  4.— Evidence. 

Article  2. — Of  Private  Writings. 


ARTICLE  I^. 

OF  PRIVATE  WRITINGS. 

Section.  |  Section. 

3754.  Production  of  proof.  I   3759.  Producing:  dispenses  with  proof. 

3755.  In  case  of  loss.  !   37G0.  Subscribing  witness. 

3756.  Production  in  court.  I   3761.  Other  proof  - 

3757.  When  notice  unnecessary.  j   3762.  Handwriting. 

3758.  Explaining  alteration.  :   3763.  Compari-son  of  hands. 

Production        §  8754-.  Generally  the  original  writing  must  be  produced,  and 

of  proof.  .  .  imi  1  -iiii 

its  e.xecution  proved,     ilie  excepted  cases  are  prescribed  uy  law. 

losr*'^  •''■  §  3755.  If  the  paper  is  lost  or  destroyed,  proof  of  the  fact  to 
the  court  will  admit  secondary  evidence.  The  i)arty  is  a  com- 
petent witness  to  this  point.  The  question  of  diligence  is  one  of 
sound  discretion  in  the  court. 

i>i-odiiction       §3750.  The  production  of  such  private  writing  is  provided  for 

'""""''•      in  another  part  of  this  Code. 

whennotic..      ^3757.  Noticc  to  iiroducc  is  not  necessarv  when  the  action  is 

unnccfssary. 

brought  to  recover  the  pai)er  or  to  set  it  aside.  | 

E.\pbinai-        §3758.  If  tlic  ])aj)er  api)cars  to  luivc  becii  materially  altered,! 
unless  It  IS  the  cause  or  action,  and  no  plea  ot  non  est  fttctnm  is 
tiled,  tlie  ]>arty  offering  it  in  evidence  must  explain  the  altera- 
tion unless  the  paper  comes  from  the  custctdy  of  the  ojjposite  party. 
Prodncins        §  3759.  Tlic  pi'oduction  of  tlic  i^aocr  by  the  oi)posite  ijarty  (if 
with  proof,    lie  claims  any  benent  under  it)  dispenses  witii  tiie  necessity  oi 
proof,  and  the  notice  to  produce  dispenses  with  proof  as  against 
''  the  party  giving  tlie  notice. 

subscribina;       §  37()0.  The    8ubscril)ing   witness  must    be  produced     in  all 

witness.  i(>ii         •  i.A         •        ^  •■•  i-i 

cases,  except  the  tollowing:  1st.  Ancient  writings  which  prove 
themselves.  2d.  If  from  any  cause  the  witness  cannot  be  pro- 
duced or  sworn.  3d.  Office  bonds  required  bylaw  to  be  approv- 
ed or  tested  by  a  particular  functionary.  -Ith.  If  the  paper  is 
only  incidentally  or  collaterally  material  to  the  case. 

Other  proof.  §  3701.  If  tlic  witucss  is  not  produced,  or  being  produced,  can- 
not recollect  the  transaction,  the  court  may  hear  any  other  evi- 
dence to  prove  its  execution. 

Handwrit-  §  3762.  Pi'oof  of  handwriting  may  be  resorted  to  in  the  absence 
of  direct  evidence  of  execution.  In  such  case,  any  M'itness  is 
competent  to  testify  as  to  his  belief,  who  will  swear  that  he  knows 
or  would  recoguize  the  han<hvriting.  The  source  of  his  knowl- 
edge is  a  question  for  investigation,  and  goes  entirely  to  the  credit 
and  weight  of  his  evidence. 


uisr. 


PX.  3.— TIT.  10.— CHAP.  4.— Evidence.  711 


Article  2. — Of  Private  Writings. 


§  3763.  Other  writings,  proved  or  acknowledged  to  be  genuine,  Jf°™iJ^'"j«o^- 
may  be  admitted  in  evidence  for  the  purpose  of  comparison  by 
the  jury.     Such  other  new  papers,  when   intended  to  be  intro- 
duced, shall  be  submitted  to  the  opposite  party  before  he  an- 
nounces bimself  readv  for  trial. 


CIIAPTEPw  V. 

OF  ORAL  Tr:STIMONy. 

Akticle  1.  Of  witnesses — their  attendance  and  fees. 
Articlk  2.  Of  their  competency. 
AuTicLK  3.  Of  their  examination. 


I 


ARTICLE  I. 

OF  WITNESSES— THEIR  ATTENDANCE  AND  FEES. 

Section.  j  Section. 

37G4.  Subpoenas.  j  3768.  State's  witnesses  from  other  co's. 

37G5.  Payment  of  fees.  |  37G9.   Witnesses  in  imprisonment. 
37G6.  E.vcessive  claim.  3770.  Freedom  from  arrest. 

3767.  Failure  to  attend.  j   3771.  No  fees  in  certain  cases. 

§3704:.  When  the  attendance  of  any  person  resident  in  the  subpoena, 
county  is  required  as  a  witness  in  any  court,  the  clerk  of  such 
court  (or  if  tliere  be  no  clerk,  the  presiding  judge  or  j\istice)  shall, 
on  application,  issue  a  writ  of  suhjnvuH^  directed  to  snch  person,  re- 
quiring him  to  appear  and  testify  in  the  case  stated,  and  at  the 
time  stated.  Such  suhpmmi  shall  be  served  on  the  witness  per- 
sonally, by  any  person  capable  of  proving  the  same,  at  least  live 
days  before  the  term  of  the  court.  The  witness  so  summoned  shall 
attend  the  court  from  term  to  term  until  the  case  is  tried.  And 
if  tliere  be  an  appeal  or  new  trial,  notice  of  the  fact,  without  a  new 
*iuhj)iieiia^  shall  be  suthcient  to  require  the  attendance  of  the  wit- 
ness.    The  witness  fee  shall  be  seventy-five  cents  per  diem. 

§  3765.  The  payment  of  the  fees  of  a  witness  shall  not  be  de-  Payment  of 
manded  as  a  condition  precedent  to  an  attendance.     But  at  the*^"'"^*' 
close  of  each  term,  or  any  term,  the  witness  may  make  affidavit 
before  any  Justice  of  the  Peace,  or  clerk  of  the  court,  of  the  num- 
ber of  days  he  has  attended  on  such  siihpmiia  for  which  his  fees 
are  due,  which  affidavit,  when  countersigned  by  the  clerk  (or  ifModeofcoi 
no  clerk,  the  Judge)  and  attached  to  the  suhpmna^  shall  have  the 


712 


PT.  3.— TIT.  10.— CHAP.  5.— Evidence. 


Article  1. — Of  Witnesses — their  Attendance  and  Fees. 


Excessive 
claim. 


Failure  to 
attend. 


States'  wit- 
nesses from 
other  coun- 
ties. 


force  and  effect  of  an  execution  against  the  property  of  the  party 
at  whose  instance  he  was  suhpienapd  (unless  in  behalf  the  State.) 

§3700.  A  witness  wlio  shall  claim  more  than  is  due  to  him, 
forfeits  all  his  fees,  and  shall  pay  to  the  injured  party,  in  addition 
thereto,  four  times  the  amount  so  unjustly  claimed. 

§3707.  The  court  may  ])roceed  by  attachment  to  compel  the 
attendance  of  a  witness  who  fails  to  obey  the  precept,  and  also  to 
punish  him  by  a  fine  not  exceeding  three  hundred  dollars.  In 
addition  thereto  such  a  witness  shall  be  liable  in  damai>;es  to  the 
person  causing  him  to  be  siibpaMiaed,  for  his  failure  to  attend. 

§3708.  Witnessesfor^he  State  in  a  criminal  prosecution  in  the 
Superior  Courts,  attending  in  a  different  county  from  that  of  their 
residence,  shall  receive  each,  two  dollars  per  day  during  their  at- 
tendance, and  two  dollars  for  each  thirty  miles  traveled  in  gtjing 
and  returning,  which  shall  be  paid  on  the  subpoma,  verified  as  in 
ordinary  cases,  by  the  County  Treasurer,  out  of  the  county  iVmds.  '.^^ 
In  case  of  conviction  the  amount  paid  by  the  county  shall  be 
taxed  in  the  bill  of  costs. 

§  3709.  The  writ  of  /i ahem  corpus  ad  icHt'ificandnhf  niay  be  is 
sued  by  the  Superior  Court  to  cause  the  j^roductioii  in  court  o 
any  witness  under  legal  imprisonment. 

§3770.  Witnesses  are  protected  from  arrest  on  any  civil  jjro- 
cess  while  going  to  or  returning  from  and  attending  o!i  any  court, 
and  the  officer  who  shall  hold  him  imprisoned,  after  seeing  his 
subpcena  or  being  satisfied  of  the  fact,  shall  be  liable  for  a  false 
imprisonment. 

§3771.  A  witness  shall  not  receive  any  fees  whatever  for  at- 
tendance on  a  subpcena  if  the  cause  at  any  time  is  continued  for 
his  absence,  or  if  he  is  absent  at  the  trial ;  Providech  such  ab.>ence 
in  neither  case  arose  from  Providential  causes.  Nor  shall  any 
witness  receive  fees  from  both  parties  in  the  same  case,  but  shall 
be  paid  equally  by  each,  unless  one  shall  be  cast  in  all  the  cost, 
A  prosecutor  shall  in  no  case  receive  fees  as  a  witness. 


Witnesses  in 

imprison- 

■nent 


Freedom 
from  arrest 


1- 


Xo  fees  iu 
eertain  cases 


FT.  3.— TIT.  10.— CHAP.  5.— Evidence.  713 

Article  2. — Of  the  Competency  of  Witnesses. 

^  ARTICLE  II. 

li  OF  THR  COMPKTEXCY  OF  WIIXI^SKS. 


3BfcTiox. 

'.j'il'2.  Ground  of  incompetency. 
S77o.  Cliildren. 
3774.  Mutes.  &c. 


Section. 

3779.  Interest  not  clisqunlifyinc 

3780.  Exceptional  casc.-^. 

3781.  Release. 


ffi- 


I  3775.  Drunkenness.  I  3782.  Husband  and  wife. 

3776.  Idiots  and  insane.  |   3783.  Parties  own  oath. 

3777.  Persons  infamous.  i   3784.   Time  of  objecting  &  mode  of  ))roof 

3778.  Per.sons  interested.  3785.  Restoration  of  compctoncv. 

J  /'^g  3772.  The  competency  of  a  witncj^s  must  be  decided   hv  theoroundof 
'^'1  court.     Witnesses  are  incompetent —  i^ncompeteu- 

I       1.  Who  are  deficient  in  understand iiii;. 

2.  AVho  are  inl'amons  by  reason  ot"  crime. 

3.  Who  are  interested  in  the  evetit  of  the  suit. 

4.  Who  are  related  as  Inisljand  and  wife, 

5.  By  reason  of  tlicir  iiiiiuble  status — sucli  as  slaves  and  free 
persons  of  color.     lveli():;ious  belief  ijoes  only  to  the  credit. 

§3773.  At  fonrteen  years  of  aoe,  the  law  ])resnmes  a  child   tochiuirtn 
have  suificient  nnderstandino;  t<i  testify.      Prior  to  that  age,  the 
court  must  decide  upon  extimination. 

§3774.  No  physical  defe(;ts  in  any  of  the  senses  incapacitates  aMntos.  &c. 
witness.     An  interpreter  may  explain  his  evidence. 

§  3775.  Drunkenness  which  dethrones  reason  and  memorv,  in-  nrunken- 

.  ,        ,  .  .  ■  ncss. 

capacitates  during  its  continuance, 
'  S3776.  The  court  must  bv examination  decide  upon  the  capa- ,,.  , 

^  "  _       "  1  i        Idiots'  and 

city  of  one  alleged  to  be  incompetent  from  idiocy,  lunacy,  or  in- insane, 
sanity,  or  drunkenness. 

§  3777.  Persons  convicted  of  treason  or  any  felony  are  incom-  Por 
petent  to  testify  in  any  cause  after  sentence  passed  and  pending' 
execution  thereof,  except  on  criminal  prosecutions  for  escape  or 
rescue.  If  he  be  a  party  to  a  case,  necessary  affidavits  to  obtain 
his  civil  rights,  may  he  made  by  him. 

§3778.  Every  person  is  incompetent,  unless  called  by  the  op- pj,rs„ns  in 
posite  party,  whether  a  party  to  the  record  or  not,  who  has  a  di-  ''"'■*'**'''*• 
rect  legal  interest  in  the  event  of  the  suit,  or  for  or  against  whom 
the  record  might  be  legal  evidence  in  some  subsequent  suit. 

^  3779.  An  interest  in  the  question,  an  honorarv  obligation,  an  interest  not 

...  ,  '  ,'       ,  (lisqualify- 

imagmary  interest,  or  a  remote,  contingent  or  uncertain  interest,  »ns. 
will  not  dis(|uality,  but  goes  to  the  credit. 


crsons  in- 
famous. 


714  PT.  3.— TIT.  10.— CHAP.  5.— Evidenck. 


Article  2. — Of  the  Competency  of  Witnesses. 


J 


Exceptional      J^ 3780.  TliG  fullowiiiii"  hIso  ai'G  cxcoptions  to  the  general  rule  in 

eases.  [-J 

reference  to  interest : 

1.  Persons  declared  competent  by  statnte,  notwithstanding  tlieir 
interest, 

2.  Persons  eiititled  to  rewards  on  conviction  in  criminal  pros- 
ecutions. 

3.  Agents  or  bailees  called  to  prove  facts  done  for  tlieir  prin- 
cipals in  the  course  of  their  employment. 

4.  Witnesses  wliose  interest  is  Ijalanced  on  either  side. 

5.  Interest  ac(inired  by  a  witness  sul)sc4nent  to  his  l)eing  sub- 
pdinaed  eitiier  willfully  to  render  himself  incompetent,  or  fraudu- 
lently by  the  other  |)arty. 

G.  Nominal  parties  to  the  record,  liable  only  for  cost.  •», 

Re\eaw.  §3781.  An  interested  witucss  nuiy  be  rendered  competent  at     >  ' 

any  time  before  examimition,  In'  a  release,  either  made  to  or  by 
him.     Xeither  he,  nor  the  part)',  by  rcfu.-ing  to  at-ct^pt  the   re 
lease  can  continue  his  in(;om])etency. 
iiusbiiiui  §  3782.  Husband  and  wife,  lawl'ully  nnirried,  cannot  be  witnesses  i 

for  or  against  each  other,  nor  cau  the  wife  be  a  witness  for  a  third 
person,  where  her  testimony  may  indirectly  alfect  her  husband^     ' 
The  objection  exists  after  the  dissolution  of  the  marriage,  by  death 
or  otherwise,  as  to  all  knowledge  acfpiircd  by  either  i)arty  by  rea- 
son of  the  marriage  relation.     An  excei)tion  to  this  general   rule 
exists  in  all  criminal  uvqua^st  criminal  proceedings  against  either 
party  for  otfences  ui)on  the  jterson  of  the  other. 
Party's  i.wii      >?  3783.  Au  cxceptiou  to  tlic  rulc  excluding  interested  parties 
exists  in  all  cases  where,  from  necessity  oi'  convenience,  the  oath 
of  the  part)'  is  received  by  the  court  in  proof  of  facts  prelimina- 
ry to  other  evidence,  or  in  the  ttonductof  a  cause.     The  evidence 
of  the  party  is  also  received  in  odium  apoUtatoris  when   after 
proof  of  the  tort,  the  extent  of  the  injury  may  be  proved  by  him, 
and  against  a  bailor  guilty  of  negligence,  to  show  the  extent  of 
the  loss,  there  being  no  other  evidence  within  the  party's  power: 
and  in  certain  Inferior  Courts  -where  by  law  this  evidence  if 
admitted. 
;nmcofob-       ^3784.  The  objection  to  competency,  if  known,  must  be  taken 
mod.;  of      before  the  witness  is  examined  at  all.     It  may  be  proved  l)y  the 
witness  himself,  or  by  other  testimony  ;  if  proved  by  other  testi- 
mony, the  witness  is  incompetent  to  explain  it  away. 
Reptorntion       §3785.  A  deposit  of  luouev  to  cover  all  costs,  or  any  other 
ttucy.         act  which,  in  tlie  judgment  ot  the  court,  relieves  the  witnestj 


FT.  3.— TfT.  10.— CHAP.  5.— Evidence.  716 


Article  2. — Of  the  Competency  of  Witnesses. 


from  his  interest,  or  other  ground   of  incompctcncj,  will  restore 
his  competenc}'. 


1 


ARTICLE  III. 

OF  THE  EXAMINATION  OF  WITNESSES. 

Section-.  JSectiox. 

3786.  Oath  or  aflirmalion  |   3794.  Privilege  of  witness. 

3787.  Separate  examination  j  3795.  Impeaching  a  witness. 

3788.  Cross  examination.  ;   3796.  Layinpr  the  foundation. 

3789.  Leading  questions.  ,   3797.  General  character. 
3790    Mcmoninduni  in  aid  of  witness.  |   3798.  Sustaining  witness. 

3791.  Opinions  of  witness.  i   3709.  If  impeached  by  cont'y  statements. 

3792.  Of  experts.  j   3800.  State  of  feeling  and  relationship. 
379."?.  Impeaching  one's  own  witness. 

^3780.  The  sanction  of   an   oath,   or  affirmation   equivalent  oath  or  af- 
tliercto,  is  necessary  to  the  reception  ot  any  oral  evidence.     The 
court  may  frame  such  affirmation  according  to  the  religious  faith 
of  the  witness. 

§3787.  In  all  cases  eitlver  oartv  has  the  right  to  have  the  wit- separate 

,    '  ,    ^  .  ,  fxainination 

nesses  of  the  other  ])arty  examined,  out  of  the  hearing  of  each 
other.  The  court  will  rake  proper  care  to  effect  this  object,  as 
far  as  practicable  and  convenient,  but  any  mere  irregularity  shall 
not  exclude  the  witness. 

5^3788.  The  riirht  of  cross  examination,  thorouii-h  and  sifting,  cmss exiim- 

,  ,         ination  of 

belongs  to  every  party  as  to  the  witnesses  called  against  him.  witnesses. 
If  several  parties  to  the  same  case  have  distinct  interests,  each 
may  exercise  tliis  right. 

5$  3789.  Leading  questions  are  generally  allowed   in  cross  ex- t-*^"'''"? 

,         ,  ^  "  .  .      questions. 

aminations,  and  only  in  these  ;  but  the  court  may  exercise  a  dis- 
cretion in  granting  the  right  to  the  party  calling  the  witness, 
and  in  refusing  it  to  the  opposite  party  when,  from  the  conduct 
of  the  witness,  or  other  reason,  justice  requires  it. 

^3700.   A  witness  may  refresh  and  assist  his  memory  by  the  Mfm^ran- 
use  of  any  written  instrument,  or  memorandum,  provided  he"'' "'""'s^'^' 

^        ,  ,  .  .'  memory. 

finally  speaks  from  his  recollection,  thus  refreshed,  or  is  willing 
to  swear  positively  from  the  paper. 

§  3791.  Where  the  question  under  examination,  and  to  be  de-  l^'lta^.g^^  °^ 
cided  by  the  jury  is  one  of  opinion,  any  witness   may  swear  to 
his  opinion  or  belief,  giving  his  reasons  therefor ;  but,  if  the  is- 
sue is  as  to  the  existence  of  a  fact,   the  opinions  of  witnesses, 
generally,  are  inadmissible. 


716  PT.  3.-  TIT.  10.— CHAP.  5.— Evidence. 


Article  3. — Of  the  Examination  of  Witnesses. 


Experts.  §3792.  The  opinions  of  experts,  on  any  question  of  science, 

skill,  trade,  or  like  questions,  arc  always  admissible  ;  and  such 
opinions  may  be  given  on  the  facts  as  proved  by  other  wit- 
nesses. 

Impeaching       §3793.  A  party  may  not  impeach  a  witness,  voluntarily  called 

^Ttne°sl°  by  him,  except  where  he  can  show  to  the  court  that  he  has  been 
entrapped  by  the  witness,  by  a  previous  contradictory  statement. 

Privilege  of  §3794.  A  witucss  is  relieved  from  testifying,  as  to  the  same 
matters  hereinbefore  specified  in  relation  to  n  party  making  dis- 
covery. 

Impeaching      §  3795.  A  witness  may  be  impeached — 

1.  By  disproving  the  facts  testilied  to  by  him. 

2.  By  proof  of  contradictory  statements  previously   made  by 
him  as  to  matters  relevant  to  his  testimony  and  to  the  case. 

^  3.  By  evidence  as  to  his  general  bad  character. 

Layingthc  §3796.  Before  contradictory  statements  of  the  witness  i-au  be 
foundation.  p^Qy^^  agaiust  him,  (unless  they  are  written  statements,  made 
under  oath,  in  connection  with  some  judicial  proceedings.)' the 
mind  of  the  witness  himself,  should  be  called  with  as  much  cer- 
tainty as  possible  to  the  time,  place,  person,  and  circumstances 
attending  the  former  statement;  and  if  in  writing,  the  same 
should  be  slujwn  to  the  witness,  or  read  in  his  hearing,  if  in  ex- 
istence; and  to  la}"  this  foundation,  tlie  witness  may  l»e  recalled 
at  any  time. 
General  <i  3797.  To  provc  general  bad  character,  the   imi>eachin<x  wit- 

character.  .  .  . 

ness  should  be  lirst  asked  as  to  his  knowledge  of  the  general 
character  of  the  witness ;  and  next  as  to  what  that  character  is, 
and  lastly,  he  may  be  asked,  if,  from  that  character,  he  would 
believe  him  on  his  oath. 

Sustaining  §  3798.  The  witucss  may  be  sustained  by  similar  proof  of 
character.  But  the  particular  transactions,  or  the  opinions  of 
single  individuals,  caimot  be  iiupiired  of  on  either  side,  except 
upon  cross  examination,  in  seeking  for  the  extent  and  foundation 
of  the  W'itness'  knowledge. 

If  impeach-       §  3799.  A  witncss,  impeached  by  proof  of  contradictory  state- 

ed  by  con-  ,  '  .■     i  .. 

tradictory    nicnts.  mav  bc  sustained  by  proof  of  ireneral  i»;ood  (.-haracter — the 

itatements.       re  i'     ^  - 

eiiect  ot  the  evidence  to  be  determined  l)y  the  jury. 
state  of  §3800.  The  state  of  the  witness' feelings  to  tlie  parties,   and 

relationship,  his  relationship,  may  always  be  proved  for  the  consideration  of 

the  jury. 


PT.  8.     TTT.  10.- Evidence.  717 

Chapter  6.— Of  Interrogatories  and  Depositions. 


I 


CHAPTER  VI. 

OF  INTERROGATORIES  AND  DEPOSITIONS 

Section.  j  Section-. 

3801.  Who  may  be  examined  on  int'r'gr'si  3809  Compelling  witness  to  answer. 

3802.  If  the  facts  cease  to  exist.  i  3810.  Where  to  be  examined. 

3803.  Mode  of  obtaining  commission.  ,  3811.  Writing  out  their  own  answer. 

3804.  Without  service.  '  3812.  Duty  of  commissioners. 

3805.  If  there  arc  several  parties.  :  3813.  How  received  and  disposed  of. 

3806.  Appointment  of  commissioners.  3814.  Failing  to  return  a  contempt. 

3807.  Who  may  act  as  commi.ssioners.  |  3815.  Exception.? — when  taken. 

3808.  How  executed.  I 

8  3801.  A  witness  may  be  e.xainined  on  interrogatories,  bv_, 

"^        ,      ,  ,  "^  o  ^       J  Who  may  be 

commission,   at  tlie  instance  of  either  party,  in  any  civil  cause  ?'^'""i""^'\<"^ 

A  •'  '  •'  interrogato- 

pending  in  any  com't  in  this  State,  wlien  either  of  the  following '"'^s- 
state  of  facts  exist : 

1.  Where  the  witness  resides  out  of  the  county. 

2.  Where,  from  the  condition  of  his  health,  from  age,  or  oth- 
erwise, he  cannot  attend  the  court,  or  from  the  nature  of  his  bus- 
iness or  occupation,  it  is  not  possible  to  secure  his  personal  at- 
tendance without  manifest  inconvenience  to  the  public  or  to 
third  persons,  (such  as  Post  Masters,  Public  Carriers,  Physi- 
cians, &:c.) 

3.  Where  the  witness  is  about  to  remove  from  the  county,  or 
is  about  to  leave  home  on  business,  for  a  sojourn,  or  tour,  which 
will  extend  beyond  the  term  of  the  court. 

4.  All  female  witnesses. 

5.  Where  he  is  the  only  witness  to  a  material  point  in  the 
case. 

§  3802.  If  the  state  of  facts,  on  which  the  commission  issued  if  the  fact 
ceases  to  exist  before  the  trial  of  the  cause,  and  the  witness  {g  ^^^^^^^  *»  "^^  • 
then  accessible  l)y  subpoena,  the  testimony  taken  on  interrogato- 
ries cannot  be  used. 

§  3803.  The  party  seeking  to  examine  a  witness  by  commis-  Mode  of  ob- 
sion,  must  prepare  written  interrogatories  sufficiently  explicit  to  misshfn.*""' 
inform  the  other  party  of  the  nature  of  the  testimony  sought  and 
expected,  and  yet  not  liable  to  the  objection  of  being  leading 
questions,  which  must  also  state  the  residence  of  the  witness,  if 
known,  and  must  serve  a  copy  of  such  interrogatories  on  the  op- 
posite party,  or  his  attorney,  with  a  notice  of  the  time  of  Uling. 
The  orignal  interrogatories  shall  be  then  filed  in  office,  and  there 
remain  for  ten  days,  during  whicli  time  cross  interrogatories  may 


718  FT.  3.— TIT.  10.— Evidence. 


Chapter  6. — Of  Interrogatories  and  Depositions. 


ment  of 

commission 

ere. 


be  tiled.  At  the  expiration  of  ten  days,  a  commission  shall  issue 
by  the  clerk  (or  presiding;  judge  if  no  clerk)  for  the  examination 
of  such  witness  upon  the  interrogatories, 
withoutser-  8  3804.  If  in  any  case  the  opposite  party  is  beyond  the  juris- 
diction of  the  court,  or  cannot  1)0  found,  and  is  not  represented 
by  attorney,  a  notice  at  the  court-house  door  for  ten  days,  of  the 
tilino-  of  the  interrogatories,  shall  authorize  a  commission  to  issue. 
§3805.  If  there  are  more  than  one  party  opposinij,  and  they 

If  there  arc  o  i./iiv,'.  .> 

several  par-  Jiavc  uot  a  joint  interest,  but  several  independent  interests  arc 
represented  by  different  attorneys,  copies  must  be  served  ui)oii 
each,  and  the  right  to  tile  cross  interrogatories  belongs  to  each. 
In  every  case  the  court  should  see  that  the  party  really  to  be  ef- 
fected by  the  evidence  has  an  opportunity  of  cross  examination. 

Appoint  §  380G.  Connnissions  shall  issue  generally  in  blank,  allowing 

-the  party  to  select  his  commissioners ;  but  in  any  case,  the  oppo- 
sitie  party  shall  have  the  privilege  of  naming  two  competent  com- 
missioners, whose  names  shall  be  inserted  in  the  commission,  and 
one  of  whom  shall  act  in  the  executiim  thereof,  unless  a  good  and 
sufficient  reason  be  f«hown  for  his  failure: 

Whomay  §3807.  No  pcrsou  is  Competent  to  act  as  commissioner,  who 
would  be  incomi>etent  as  a  juror  on  account  of  relationship,  or  as 
a  witness  on  account  of  interest,  nor  will  the  attorney  of  the 
party  or  his  clerk,  or  an  agent  paid  to  discharge  this  duty,  be  a 
competent  commissioner.     A  commissioner,  like  a  judge,  should 

P^^^  stand  perfectly  impartial  between  the  parties.  Two  dollars  })er 
day  shall  be  allowed  connnissioners  for  their  services,  to  be  i»aid 
by  the  party,  and  taxed  with  other  costs. 

now  exccu-      §  3S0S.  No  party,  or  his  counsel,  or  agent,  or  other  person  on 

***'■  his  behalf  should  be  present  at  the  execution  of  the  commission, 

and  everything  attending  the  execution  should  show  a  perfect 
impartiality  and  freedom  from  bias. 

Compelling  §  3809.  If  a  witness  refuses  to  appear  before  the  commissioners, 
or  to  answer  the  interrogatories,  upon  the  certificate  of  one  of  the 
commissioners,  or  the  affidavit  of  the  party  or  his  attorney  to  the 
fact,  presented  to  a  Judge  of  the  Superior  or  Justice  of  the  In- 
ferior Court,  it  shall  be  his  duty  to  issue  an  order  to  the  Sheriff, 
his  deputy,  or  any  constable,  to  arrest  the  witness  and  bring  him 
before  such  Judge  or  Justice,  and  after  hearing  his  excuse  and 
examining  the  interrogatories,  to  see  that  the  same  are  legal,  he 
shall  order  the  said  witness  to  be  lodged  in  jail  until  he  answers 


witnesses  to 
answer, 


FT.  3.— TIT.  10.— Evidence.  719 


Chapter  6. — Of  Interrogatories  and  Depositions. 


the  same.  This  provision  shall  extend  to  commissions  sent  from 
the  courts  of  other  States  or  the  Confederate  States. 

§  3810.  ]S^o  female  witness  shall  be  required  to  leave  her  homewh.roto  \m 

,      p  .      .  I      11  '^  ^  examined. 

to  appear  betore  commissioners;  nor  sliall  any  witness  be  re- 
quired to  go  out  of  the  county,  or  more  than  ten  miles  from  his 
residence,  and  any  witness  leaving  hi;^  home  to  be  examined, 
shall  have  the  fees  of  a  witness  su1>p<L'naed  and  attending  the 
court. 

§3811.  Witnesses  mav  write  out  their  own  answers  in  the  wnUnj:  out 
.    ".  Ill-  1       •  ^''^'''  ""■" 

presence  ot  the  commissioners,  and  l)y  their  consent,    but  in  noanswers. 

other  way  shall  they  prepare  the  same,  and  if  the  witnesses  an- 
swer from  written  memoranda,  such  memoranda  shall  be  sent 
with  the  commission,  and  the  fact  certified  by  the  commissioners. 

§  3812.  The  answers  should  be  under  oatli,  and  certified  to  be,.  .  , 
so  taken.  They  should  be  written  out  plainly,  and  be  full  and '"'S'''""'^^'*- 
explicit  to  all  the  direct  and  cross  interrogatories,  they  should  be 
signed  by  the  witness,  and  attested  oflicially  by  the  commission- 
ers named  in  the  commission,  and  the  ])la('e  of  execution  should 
also  appear.  The  interrogatories,  answers  and  commissions  should 
be  then  sealed  up  in  envelope,  with  the  names  of  the  commis- 
sioners written  across  the  seal,  and  directed  to  the  ofiicer  of  the 
(iourt  whence  the  commission  issued.  The  package  can  be  sent 
by  mail  or  intrusted  to  tlie  party  or  some  ])nvate  hand.  In  the 
former  case,  the  postmaster  receiving  it  from  the  commissioner 
must  certify  to  the  fact,  and  the  postmaster  delivering  it  to  the 
court  must  certify  to  its  reception  by  due  course  of  mail.  In  the 
latter  case,  the  person  recieving  and  delivering  it  in  court,  must 
make  affidavit  of  the  fact,  and  of  its  freedom  from  alteration. 

§  3813.  The  package  thus  forwarded  must  be  received  in  open  iiow  receiv- 
court,  and  opened  only  by  its  leave  or  the  consent  or  parties,  and  posed  of. 


when  thus  received,  shall  become  an  office  paper,  to  be  used  by 
either  party  under  the  direction  of  the  court. 

§3814.  A  commission  once  executed  must  be  returned,  and  a  Failing  to  re 
party  failing  to  return  or  willfully  abstracting  such,  shall  be  at- tempt!'"" 
tached  for  contempt,  and  otherwise  dealt  with  until  the  same  is 
produced. 

§  3815.  All  exceptions  to  the  execution  and  return  of  commis- Exceptions 
sions  must  be  made  in  writing,  and   notice  thereof  given  to  the  taken, 
opposite  party  before  the  case  is  submitted  to  the  jury  ;  Provided, 
the  same  have  been  in   the  clerk's  ofiice  for  twenty-four  hours 


720  PT.  3.— TIT.  10.— Evidence. 


Chapter  6 — Of  Interrogatories  and  Depositions. 


prior  to  the  trial.     Depositions  read  on  the  first  trial  shall  not  be 
subject  to  formal  exceptions  on  the  appeal. 


CHAPTER  VII. 

PERPETUATING  TESTIMONY. 

Sectiox.  '  Section. 

•ISIG.  Application  and  order.  ;   3819.  Effect  of  testimony, 

asn.  Deposition  and  fding.  :   3820.  Fees. 
3818.  Application  recorded. 

§  381G.  If  au}^  jierson  desires  to  perpetuate  tlie  testimony  of  a 
BDd  order,    ^vitncss,  in  anticipation  of  litigation,  not  yet  pending,  and  ^vhich 
it  is  not  in  his  jjower  to  commence,  he  may  make  written  appli- 
cation to  the  Judge  of  the  Superior  Court  of  the  county  Avlicre 
the  witness  resides,  or  if  a  non-resident,  where  he  may  be  tempora- 
rily, stating  the  facts,  the  proof  e.\[)ected,  and  the  parties  proba- 
bly interested  on  the  other  side,  accompanying  such  application 
with  the  written  interrogatories  to  be  propounded  to  the  witness, 
whereupon  the  Judge  shall  pass  an  order  requiring  some  disin- 
terested attorney  of  the  court  to  act  as  commissioner  and  take 
such  testimou}',  providing  in  such  order  for  the  most  effectual 
notice  to  the  opposite  parties,  aiul  for  any  cross  interrogatorie.- 
which  may  be  filed. 
Depositions      §3817.  Sucli  couimissioiier,  after  executing  the  commision  in 
the  same  manner  as  in  ordinary  cases,  shall  file  the  package  with 
the  Clerk  of  the  Superior  Court,  with  his  endorsement  of  the  fact 
thereon,  which  package  shall  be  safely  kept,  until  produced  hy 
him  for  publication  under  the  order  of  the  court. 
Application      §3818.  The  a})plication  for  tlic  order,  and  the  order,  shall  be 
recorded.     (.^^^^.^(^  qj^  i]^q  miuutes  bcfore  delivery  to  the  commissioner  for 

execution. 
Effect  of  §3819.  Testimony  thus  taken  shall  be  used  </6  5d7?(3  ^56'g  if,    at 

"  ■    the  time  the  litigation  arises,  no  more  satisfactory  examination  of 
the  witness  may  be  had. 
Fees.  §  3820.  The  court  granting  the  order  shall  prescribe  the  fees  tu 

be  paid  to  the  commissioner  and  Clerk. 


PT.  3.— TIT.  11.— CHAP.  1.— Juries. 


721 


Article  1. — Of  Qualification  of  Grand  Jurors. 


TITLE  XI. 

OF  JURIES 

CiiAPTEK  1.  Of  grand  juries. 

Chapter  2.  Of  special  juries. 

CuAPTiiR  3.  Of  petit  juries. 

Chapter  4.  Of  juries  in  tlie  Inferior  Court. 

Chapter  5.  Special  provisions. 


CHAPTER  I. 

OF   GRAND  JURIES. 

Article  1.  Of  the  qualification  of  grand  jurors. 

Article  2.  How  selected,  drawn  and  summoned. 

Article  3.  Oath  of  the  grand  jury. 

Article  4.  Of  the  power  and  duty  of  a  grand  jury. 


ARTICLE  I. 

OF  QUALIFICATION  OF  GRAND  JURORS. 
SECTio>f  3S2L  Qualification  of  grand  jurors. 

§3821.  All  free  white  male  citizens  of  this  State,  above  the  Qualification 
age  of  twenty-one  years,  and  under  the  age  of  sixty  years,  being ]',(rol^'"* 
neither  idiots,  lunatics,  nor  insane,  who  have  resided  in  the  coun- 
ty for  six  months  preceding  the  time  of  serving,  and  who  are 
deemed  fit  and  proper  persons,  as  hereinafter  provided,  are  here- 
by declared  qualified  and  liable  to  serve  as  grand  jurors,  unless 
exempted  by  law. 


ARTICLE  II. 

now  SELECTED,  DRAWN  AND  SUMMONED. 


Section. 
.3822.  How  selected  and  drawn. 
3H23.  Number  to  be  drawn. 
3824.  Number  to  be  impanncUed. 


I  Section". 

I   3825.  Precept  to  the  Slicrilf. 

I   3826.  How  summoned. 


§  3822.  The  Justices  of  the  Inferior  Court  of  each  county,  or  "o^  soiec- 
a  majority  of  them,  together  with  the  Sheriff  and  Clerk  of  the  *" 
46 


722  FT.  3.— TIT.  11 —CHAP.  1.— Juries. 


Article  2. — How  Selected,  Drawn  and  Sutnmoned. 


SuperioTCuiirt,  shall  convene  at  the  court-house,  in  their  res- 
pective counties,  on  the  iirst  Monday  in  June  next,  after  the  ado])- 
tion  of  this  Code,  and  biennially  on  tlie  Iirst  Monday  in  June 
thereafter,  and  shall  select  from  the  books  of  the  Iveceiver  of 
Tax  lleturns  for  their  respective  counties,  the  names  of  such  able, 
discreet,  and  qualified  citizens  of  the  county  as,  in  their  judg- 
ment, are  fit  and  proper  persons  to  serve  as  grand  jurors,  and 
shall  make  a  list  of  the  names  of  the  persons  so  selected,  and 
;,'Ji!!s"tobe  transmit  it  under  their  hands  to  the  next  Superior  Court  of  their 
°'"^'""''    respective  counties,  and  the  Clerk  of  said  Sui>erior  Court  shall 
immediately,  after  receiving  such  list,  fairly  enter  the  same  in 
a  bo(jk  f(.r  that  purpose,   provided    at  his   own    expense;    and 
the  Judge  then  presiding  shall  cause  the  Clerk  of  said  Superior 
Court  to  make  out  tickets,  with  the  names  of  the  persons  so  se- 
lected written  thereon  ;  which  tickets  shall  be  put  in  a  box,  to 
be  provided  l)y  the  Clerk  at  the  i)ublic  expense— the  box  to  have 
two  apartments,  marked  numl)cr  r/;/r'  and  two  :  the  Judge  shall 
then   lock  and  seal  up  the  box,  and  place  it  in  the  care  of  the 
Clerk  keeps  Clcrk,  aud  the  key  in  the  care  of  the  Sherift',  and  no  grand  jury 
k^'^'grnrnf  «'^'^'^  ^^^  drawn  and  impannelled,  but   in  the  presence    of  the 
&nin'     Judge  in  open  court,  except  as  hereinafter  provided ;  nor  shall 
open  ocnrt.  j^jj^/'d^,,.]-  ^r  Other  pei-son,  having  the  custody  of  the  jury  box, 
presume,  under  any  pretence  whatever,  to  open  said   box,  or 
transpose,  or  alter  the  names,  unless  it  be  by  the  direction  of  the 
Judge  in  open  court,  attending  lor   the   purpose  of  drawing  a 
jury,  except  as  hereinafter  excepted. 
Tiow  ,ir:iw,u      §  3823.  Thc  Judge  in  open  (;(.urt  shall  break  the  seal  and  un- 
lock the  box,  and  cause  to  be  drawn  from  the  apartment  of  tlic 
Knmbcrto   Same  marked  number  (y;?^,  not  less  than  twenty-three  nor  more 
**  drawn,     ^j^^^^  thirty-six  names,  unless  otherwise  directed  by  law,  to  serve 
as  grand  jurors,  which  names,  so  drawn  out  shall,  after  an  account 
is  taken  of  tliem  at  each  time  of  drawing,  be  carefully  deposited 
in  the  other  apartment  of  said  box  marked  number  two;  and 
when   all  the  names  shall  have  been  drawn  out  of  apartment 
number  one,  the  drawing  shall  commence  from  apartment  number 
two,  and  the  tickets  be  returned  to  number  one,  and  so  on  alter- 
nately ;  and  no  name  so  deposited  shall,  on  any  pretence,  be 
throwai  out  or  destroyed,  except  when  it  is  satisfactorily  shown 
to  the  Judge  that  the  juror  is  either  dead,  removed  out  of  the 
county,  or  is  otherwise  disqualified  by  law. 


FT.  3.— TIT.  11.— CHAP.  !.— Juried.  723 


Article  2. — How  Selected,  Drawn  and  Summoned. 


§3824.  Xo  errand  jurv  shall  consist  of  less  than  eiajhteen  or  Number  to 
tnorc  tJian  twentj-tiirec. 

^  3825.  AVithin  thirty  days  after  the  grand  jury  is  drawn,  as  here-  Precept  u. 
inbefore  provided,  tlie  Clerk  of  the  said  Superior  Court  shall  issne 
and  deliver  to  the  Sheriff,  or  his  lawful  deputy,  a  precept  for 
sununoninp;  the  same,  to  which  he  shall  annex  a  pannel  contain- 
ini,'  the  names  of  the  persons  drawn  as  aforesaid,  exactly  trans- 
scril)cd  from  the  minute  book,  and  in  the  mandatory  part  of  the 
l)recept,  the  following  words  shall  be  written,  viz  :  "  The  several 
persons  named  in  the  pannel  hereunto  annexed." 

5382f).  Upon  receipt  of  the  precept  mentioned  in  the  prcce-no^v  served, 
ding  section,  the  Sheriff,  or  his  dc})uty,  shall  cause  the  persons 
^yhose  names  are  written  in  the  pannel  annexed  to  the  precept, 
to  be  served  pei-sonally,  or  by  leaving  the  same  at  his  residence, 
with  a  summons,  at  least  ten  days  before  the  sitting  of  the  court 
for  which  they  are  drawn,  which  summons  shall  be  in  substance 
a^5  follows,  to  wit :  ''  By  virtue  of  the  precept  to  me  directed,  Form  of  no- 
you  are  hereby  commanded  to  appear  before  the] >residing  Judge, '''^'" 
at  the  next  Superior  Court  to    be  held  at  the  court-house,  in 
and   for  tlio  county    of  on   the  day  of  at  ten 

o'clock  in  the  forenoon  of  that  day,  to  be  sworn  as  a  grand  ju- 
ror;'' whicli  summons  shall  l)e  signed  by  the  Sheriff,  or  his  law- 
Ihl  dei)uty,  who  shall  make  due  return  of  such  precept,  setting 
forth  the  names  of  all  persons  served  as  aforesaid,  and  also  the 
names  of  those  not  served,  together  with  the  reasons  why  they 
were  not  served. 


ARTICLE  III. 

OATH  OF  THE  (IRAND  JURY. 
Section-  3827.  Oath  of  tlic  grand  jiiiy. 

§3827.  The  following  oath  shall  be  administered  to  the  fore- oath  of  the 
man  of  all  grand  juries,  viz:  "You,  as  foreman  of  the  grand ^'""'^ ^'"■^' 
jury  for  the  county  of  shall  diligently  inquire  and  true 

presentments  make  of  all  such  matters  and  things  as  shall  be  o-ivc^n 
you  in  charge,  or  shall  come  to  your  knowledge,  touching  the 
present  service,  the  State's  counsel,  your  fellows  and  your  own 
you  shall  keep  secret,  unless  called  upon  to  give  evidence  thereof 
in  some  court  of  law  in  this  State;  you  shall  present  no  one  from 
envy,  hatred  or  malice,  nor  shall  you  leave  any  one  unpresented 
from  fear,   lavor,  affection,  reward,  or  the  hope  thereof,  but  you 


r24  PT.  3.— TIT.  11.— CHAP.  1.— Juries. 


Article  3. — Oath  of  the  Grand  Jtiry. 

shall  present  all  things  truly,  and  as  they  come  to  your  know?- 
edi^e ;  so  lielp  you  God."  And  the  same  oath  thus  taken  by  tiie 
foreman,  shall  be  taken  by  each  and  every  member  of  any  ant) 
all  grand  juries  in  this  State. 

ARTICLE  IV. 

OF  THK  POWKR  AND  DUTY  OF  A  ('.RAND  JURY. 


Section. 
:;828.  Wlicn  bound  to  present. 
;JS29.  Foreman  may  swear  witnesses. 
3830.  Power  as  to  errors  in  tax  hooks. 


Section. 
38.^1.  Sliall  examine  county  offices. 
:',H?,'2.  Shall  examine  tlic  list  of  voters. 


..r,     K     ^      S3828.  Whilst  }.rran(l  jurors  are  bound  only  to  n<itice  <»r  make 

VV  hen  bound         o  r>  j  ^ 

^Ticc"''^  **'^"  presentments  of  such  oflences  as  may  or  shall  (-(nne  to  their  kuowl- 
cdge  or  observation  after  they  shall  have  been  sworn,  yet,  they 
have  the  right  and  power,  and  it  is  their  duty,  as  jurors,  to  mako 
presentments  of  any  violations  of  the  laws  which  they  may  know 
to  have  been  committed  at  any  previous  time,  which  are  not 
barred  by  the  statute  of  limitations. 

(.'orcmnn  §3829.  Tlic  forcmau  of  each  grand  jury  in  this  State  nuiv   iid- 

«itnp8!>os.  minister  the  oath  prescribed  by  law  to  all  witnesses  required  to  tes- 
tify before  such  grand  jury,  and  may  also  examine  such  witnes.scr«. 

Mistakeof        (s  3830.  Whenever  it  sluill  satisfactorily  ai>!x.'ar   to  the  <rran<l 

Tax  Kccci-  «^  .  i  i        i*  •  •  m         t 

''"'■•  jury  of  any  county  in  this  State,  that  the  Receiverof  Tax  Returns- 

has  committed  an  error  in  making  an  entry  in  his  digest,  of  either 
quantity  or  (piality  of  property  returned  in  such  digest,  or  in  the 
amount  of  taxes  assessed,  such  grand  jury  may  recommend  the  In- 
ferior Court  of  their  count}'  and  the  Comptroller  General  of  the 
State,  to  cause  such  error  (particularly  si)ecifying  the  same)  to  be 
corrected. 
Shall  exam-  §  3831.  lu  addition  to  the  duties  of  the  crand  iurv,  as  indicated 
ces,  books,    m  the  oath  administered  to  them,  and  as  retiuired  b}-  law,  it  siiall 

Mid  records  ^  /.    i         i  •        /^ 

of  eachterm.  \)q  their  spccuil  duty,  from  term  to  term  of  the  Superior  Court,  to 
inspect  and  examine  the  otHces,  papers,  books  and  records,  of  the 
Clerks  of  the  Superior  and  Inferior  Courts,  and  also  the  books, 
papers,  records,  accounts,  and  vouc-hers  of  the  County  Treasurer, 
and  cause  any  such  Clerk  or  County  Treasurer,  who  shall  have 
failed  or  neglected  to  do  his  duty  as  required  by  law.  to  be  pre- 
sented for  non-performance  of  official  duty. 
Shall  esam-  §  3832.  It  sliall  also  be  the  duty  of  the  grand  juries  of  the  sev- 
the  voters,    eral  countics  in  this  State  to  carefully  examine  the  list  of  voters 


\ 


PT.  3.— TIT.  11.— CHAP.  1.— Juries.  72{ 

Article  4. — Of  the  Power  and  Duty  of  a  Grand  Jury. 

required  by  law  to  be  laid  before  them,  and  if  there  be  found  on 
such  list  any  voter  not  entitled  to  vote  according  to  the  provi- 
sions of  this  Code,  to  present  such  voter  for  such  violation  of 
law.* 


CHAPTER  II. 

OF  SPECIAL  JURIKS. 

Section.  j  Section. 

3833.  How  selected  and  sworn.  |  3835.  No  otlier  oath  m  divorce  cases. 

3834.  Oath  of  special  jury.  I 

§  3833.  All  special  juries  shall  be  taken  from  the  grand  jury,  iiowsei«t- 
and  shall  be  stricken  in  the  presence  of  the  court  in  the  following  swom. 
manner :  the  Clerk  shall  furnish  a  list  of  the  grand  jurors  ]>resent 
and  then  inipannelled,  from  which  the  parties  or  their  attorneys 
may  strike  out  one  alternately,  until  there  shall  be  but  twelve  left, 
who  shall  be  forthwith  cmpannelled  and  sworn  as  special  jurors; 
in  cases  of  appeal  by  consent  the  plaintiff  shall  strike  first,  and 
In  all  other  cases  the  appellant  shall  strike  first,  and  should  either 
party  fail  or  refuse  to  strike  such  special  jury,  after  being  notified 
or  required  so  to  do,  the  presiding  Judge  shall,  in  behalf  of  the 
party  so  failing  or  refusing  to  stike,  proceed  in  the  same  way 
and  manner  as  if  the  party  failing  or  refusing  were  striking  said 
special  jury  in  person,  or  consenting  to  the  same. 

§3834.  The  following  shall  be  the  oath  of  all  special  juries,  to  The  oaOi  r.; 
wit:  "You  shall  well  and  truly  try  each  cause  submitted  to  yoUj^u7y!"*' 
vluriiig  the  present  term,  and  a  true  verdict  give,  according  to  the 
law  as  given  you  in  charge,  and  the  opinion  you  entertain  of  the 
evidence  produced  to  you,  to  the  best  of  your  skill  and  knowledge, 
without  favor  or  affection  to  either  party,  provided  you  are  not 
discharged  from  the  consideration  of  the  case  submitted.  So  help 
you  God" 

§  3835.  No  additional  oath  shall  hereafter  be  necessary  in  cases  no  addition 

f«   1  •  al  oath  In 

of  divorce.  divorc* 


cas'■^ 


*  Note. — In  addition  to  the  foregoing  provisions,  tlio  following  note  may  aid  grand 
juries  in  the  discharge  of  their  official  duties. 

1 .  They  may  recommend  extraordinary  tax  for  county  purposes. 

2.  May  examine  and  allow  Tax  Collector's  insolvent  list. 

3.  May  examine  .and  recommend  aba*,ement  in  certain  cases.     See  "tax." 

4.  Every  fall  term  examine  Clerk's  account  of  sales  of  estraj's. 

5.  At  spring  term  may  recommend  a  tax  for  educational  purposes.     See  appropri- 
ate heads. 


726  FT.  3.— TIT.  11.— CHAP.  3.— Jueies. 


Article  ]. — Qualification  of  Petit  Jurors. 


CHAPTEE  III. 

OF  PETIT  JURIK8. 

Article  1.  Qualification  of  petit  jurors. 

Article  2.  llow  selected,  drawn,  !^unimoncd,  and  sworn. 


AETICLE  I. 

QUALIFICATIONS  OF  PETIT  JURORS. 
Section'  .1836.  Qualification  of  petit  juror.*;. 

QiLinncaiioii  §3830.  All  free  white  male  citizens  of  this  State,  above  tlio 
age  of  twenty-one  years  and  under  the  age  of  si.xty  y(3ars,  wlio  ar(^ 
neither  idiots  nor  lunatics,  and  who  luivo  resided  in  the  county 
for  six  months  innnediately  i)receding  the  time  at  wliieli  they  arc 
called  upon  to  serve,  are  hereby  deolarcd  competent,  fiualified 
and  liable  to  serve  as  petit  jurors. 


ARTICLE  II. 

now  SELECTED,  DRAWN.  SUMM0J«<:D  AND  SWoRN.     - 

Section-.  I  Section. 

3837.  Selected,  drawn,  and  sunuuoneti.     j   3838.  Oath  of  petit  juror.<. 

Howscicc-  §3837.  The  citizens  of  the  county  whose  names  remain  on  the 
books  of  the  Receiver  of  Tax  Returns,  after  the  grand  jurors  have 
been  selected,  and  who  possess  the  qualifications  prescribed  in  the 
preceding  section,  shall  constitute  the  body  of  petit  jurors  for 
service  in  the  Superior  Courts  ;  and  a  list  of  their  names  shall  be 
made  out  and  returned,  written  upon  tickets,  and  placed  in  a  box 
m  the  same  manner  as  required  in  cases  of  grand  jurors  ;  and 

mraed!'""  ^^"^"^  ^^^^  ^C)X  tlicrc  shall  be  drawn  a  pannel  of  persons,  consisting 
of  not  less  than  thirty-six  nor  more  than  forty-eight  names,  un- 
less otherwise  directed  by  law,  who  shall  be  summoned  in  the 
same  manner  and  under  the  same  regulations  which  are  pre- 
scribed for  drawing  and  summoning  grand  jurors. 

Note. — For  special  provisions  in  relation  to  drawing  grand  and  petit  jurors  in 
counties  m  which  the  Superior  Court  sits  two  or  more  weeks,  see  special  acts  not 
included  in  this  Code  or  repealed  hj  il. 


How  drawn. 


PT.  3.— TIT.  11.— CHAP.  3.— Juries. 


Article  2. — How  Selected,  Drawn,  Summoned,  &c 


§  3838.  The  following  oath  shall  be  administered  to  petit  jurors  Their  onth. 
in  all  civil  cases,  viz  :  "Yon  shall  well  and  truly  try  the  causes 
depending  between  the  parties  at  variance,  and  a  true  verdict 
give  according  to  evidence.     So  help  you  God." 


CHAPTER  IV. 

OF  JURIES  IX  THE  IXFERIOR  COURT. 

Article  1.  Qualifications  ot'jurors  in  the  Inferior  Court. 
Article  2.  How  selected,  drawn,  summoned  and  sworn. 


ARTICLE  I. 

OF  THE  QUALIFICATIONS  OF  .JURORS  IN  THE  INFERIOR  COURT. 
Section  3839.  Qualirioationp. 

§3831),  The  qualifications  of  jurors  to  try  causes  in  the  Inferior  Q„,^,i^j^y^ 
Courts  of  this  State  shall  be  the  same  as  those  prescribed  by  law  "'^ •'"'"'■*■ 
for  petit  jurors  in  the  Superior  Courts. 


ARTICLE  II. 

HOW  SELECTED,  DRAWN,  SUMMONED  AND  SWORN. 


Section. 
38-10.  Selected,  drawn  and  snnnnoncd. 


Section. 
3841.  How  s^worii. 


§  3840.  At  each  and  every  meeting  held  for  the  i)urpose  of  ar-Howsci«- 
ranging  or  revising  the  jury  boxes  of  the  Superior  Court,  the  Jus-  '"'^ 
tices  of  the  Inferior  Court  present  at  such  meeting,  shall  cause  an 
exact  copy  of  the  petit  jury  list  of  the  Superior  Court  to  be  made 
out  and  delivered  to  the  Clerk  of  tlie  Inferior  Court,  wdio  shall 
immediately  enter  the  same  in  a  book  to  be  provided  by  him  for 
that  purpose  ;  and  the  persons  wliose  names  are  on  such  list  shall 
constitute  the  body  of  jurors  for  the  trial  of  causes  in  the  Inferior 
Court,  and  the  said  Justices  witli   said  Clerk  shall  write  said 
names  on  tickets,  and  arrange  them  in  a  box  in  the  same  manner 
as  is  required  in  tlie  Superior  Court,  and  the  Inferior  Court  in 
term  time  (except  as  hereinafter  excepted)  shall  draw  from  said  y„„  j,.^,^.„ 
box  a  pannel  of  jurors  consisting  of  not  less  tlian  twenty-four  nor 
more  than  thirty-six  names,  to  serve  at  the  term  of  said   Inferior 


-728  FT.  3.— TIT.  11.— CHAP.  4.— Juries. 

Article  2. — How  Splected.  Drawn,  {Summoned  and  Sworn. 

Court  next  succeeding  tlie  term  ;it  which  such  drawing  takes 
place,  and  tlie  jurors  thus  drawn  sliall  be  summoned  by  the  Slier- 

inon  r™"  Jff  *^"'  ^^^*  Deputy,  l)j  virtue  of  a  )>recept  issued  by  such  Clerk  of 
the  Inferior  Court,  under  the  same  regulations  as  those  prescribed 
in  this  Code  for  drawing  and  summoning  })etit  jurors  in  the  Su- 
perior Court. 

jiow  sworn.  §  '3841.  The  same  (.»ath  which  is  required  to  be  administered  to 
petit  jurors  in  the  Superior  Court,  shall  be  administered  to  jurors 
empannelled  to  try  causes  in  the  Inferior  Court. 


CHAPTEIl  V. 

SPl'XIAL  rROVISIOXS. 

.Section.  Skction. 

3812.  Wlicn  Judge  fails  to  draw  a  jury,   i   'AHiT.  Oatli  of  jurj  in  claim  cases. 
384:5.  Juries  may  be  made  by  talesman.   |  3818.  Failure  of  court,  jury  .stands  over. 
3844.  Jury  box  destroyed — how  replaced. '   3849.  When  jury  lists,  &c.,  may  be  made. 


3845.   Persons  exempt  from  jury  duty. 
384G.   Mav  rccomnietid  extra  tax. 


3850.  May  bo  lined  for  contempt. 

3851.  Mav  have  refreshmeDts. 


uponf.iiiuie      §  ;584'2.  If  from  any  cause,  the  Judge  of  the  Superior  Courts 

of  tho  Jiulgo    T,,..!  I  ',  -,  ...'  ,  ...  ., 

to  dr.iw.  shall  tail  to  (.Iraw  grand  and  petit  juries,  as  hereinbefore  required, 
the  Justices  of  the  Inferior  Court,  or  a  majority  of  them,  together 
with  the  Sheriff  and  Clerk  of  the  Superior  Court  of  the  county 
in  which  such  failure  occurs,  shall  assemble  at  the  court-house  in 
such  county  at  least  si.xty  days  jtrcvious  to  the  sitting  of  the  court 
at  wdiich  the  jurors  are  recpiired  to  serve,  and  proceed  to  open 
their  jury  bo.\es,  and  draw  therefrom  the  required  number  of 
names  to  serve  as  grand  and  petit  jurors  at  their  next  depending 
Superior  Court,  and  the  juries  being  so  drawn,  the  boxes  shall  be 
again  sealed  up,  and  with  the  key,  delivered  to  thecustody  of  the 
proper  othcer ;  and  if  the  Inferior  Court  from  any  cause  shall 
fail  to  draw  a  jury,  at  the  time  hereinbefore  prescribed,  to  serve 
How  drawn  lu  their  said  Inferior  Court,  the  Justices  of  said  Inferior  Court, 
o<nirt'  or  a  majority  of  them,  together  with  their  Clerk  and  the  Sheriff, 
shall  meet  at  the  court-house  at  least  forty  days  before  the  sitting 
of  the  court  at  which  the  jurors  are  to  serve,  and  draw  a  jury  for 
said  Inferior  Court,  under  the  same  regulations  that  they  ought 
to  have  been  done  in  term  time.  t. 

mmlTfln        ^  3843.  When  from  any  cause  there  shall  not  be  present  a  «if- 
ii»gto»tten<ifl(.igi)l;  number  of  persons  drawn  and  summoned  as  hereinbefore 
required  to  make  up  a  grand  jury,  or  the  petit  juries,  or  a  jury 


FT.  3.— TIT.  11.— Juries.  729 

Chapter  5. — Special  Provisiens. 

to. try  causes  in  the  Iiileriur  Court,  the  court  may  order  the  Sher- ^fayhpmade 
iff,  his  Deputy,  the  Coronrr,  or  any  otlier  disinterested  person,  to  st^tKi^rs- ' 
suinnion  bystanders  or  oiher,  qualified  as  hereinbefore  prescribed, 
until  the  pannel  sluill  be  complete. 

55  3844.  When  tlie  iurv  list  and  jury  boxes  of  any  county  in  ifthcjurj 

11         T  .  .IT      .      •  /-I  boxsh..uld 

this  State  shall  be  destroyed,  the  Justices  ot  the   Inferior  Court,  be  destroyed 
or  a  miijority  of  tliein,  toi^ether  with  the  Clerk  of  the  Superior 
Court  and  the  Sheriff,  shall,  as  soon  thereafter  as  practicable,  J^i!'J^^°f- 
meet  at  the  court-house,  and  make  out  jury  lists  and  arrange  the 
names  in  boxes  as  hereinbefore  directed. 

^3845.  All  the  Justices  of  the  Inferior  Court  and  clerffymen  ivrsonsex 

*-  ^  *-'*'  empt  from 

of  this  State,  may  at  their  own  option  be  exempt  from  the  ser-j"rydutr, 
vice  and  duties  of  a  grand  juror. 

i53846.  Upon  the  recommendation  of  theG;rand  jury,  the  Justi- The  grand 

.    ,        T      .     .  .  ,..,.,  jury  may  ra- 

ces of  the  Inferior  Court  of  the  several  counties  in   this  State,  <''"nm«'n'i  an 

^ extra  ths, 

may  assess  and  raise  a  tax  for  the  reasonable  compensation  of 
grand  and  petit  jurors,  or  either  of  them,  and  at  their  pleasure 
and  discretion  disconfinue  such  tax,  and  again  resume  and  re-as- 
sess and  i"aise  it  upon  the  recommendation  aforesaid  ;  the  jury 
and  confession  fees  in  such  case  to  be  paid  into  the  County  Treas- 
ury as  a  part  of  the  fund  for  that  purpose  ;  and  when  such  tax  is 
raised,  the  Clerk  of  the  Superior  Court  shall  issue  to  the  jurors 
whose  compensation  is  provided  for  as  aforesaid,  a  certificate 
which  shall  be  deemed  and  held  a  warrant  on  the  County  Treas- 
wvy  f\)r  the  amount  of  the  money  due  such  juror,  according  to  theouT^'' 
per  diem  pay  fixed  by  the  Inferior  Court,  and  the  County  Treas- 
urer shall  })ay  the  same  out  of  the  fund  so  raised  by  taxation  as 
aforesaid,  and  the  Tax  Collector  shall  collect  the  tax  and  pay  it 
over  as  county  tax. 

j5  3847.  The  following  oath  shall  be  administered  to  all   iuriesoathofthe 

.  "  jury  inclaiii! 

einpannelled  to  try  claim  cases,  whether  at  common  law  or  on  tne'cases. 
appeal,  to  wit :  "In  addition  to  the  oath  you  have  already  taken, 
3'ou  do  further  swear  that  you  will  give  such  damages  not  less 
than  ten  per  cent,  as  may  seem  reasonable  and  just  to  the  plain- 
tiff against  the  claimant  in  case  it  shall  be  sufiiciently  shown  to 
you  that  such  claim  was  made  for  delay  only.  So  help  you 
God." 

f8848.  Whenever  there  shall  be  a  failure  of  the  Superior  Court  on  failure  of 
^  ^  tho  Court 

nferior  Court,  in  consequence  of  the  non-attendance  of  the 

Judge  or  Justices,  or  other  cause,  the  jurors  summoned  for  such 


730  PT.  ?,.— TIT.  11.— Juries. 


Chapter  5. — Special  Provisions. 


court  shall  stand  over  to  the  next  sncceedinii;  term  in  the  same 
manner  as  suitors  and  Avitnesses  do. 
wheniistis      §3849.  Whenever  the  proper  officers,  in  any  county  in  this 

not  ni.ado.  i      ii    />   -i  i  i  •  i«  "      i 

btate  shall  tail  to  meet  and  make  out  ,iurv  lists  and  arrauij^e  jury 
boxes  for  their  respective  counties  at  tiie  time  directed  in  this 
Code,  the  same  may  be  done  at  any  time  belbre  tlie  next  term  of 
the  Superior  Court  to  be  lield  in  the  county  after  the  time  at 
which  the  lists  should  have  been  made  out. 
Maybotimd      8  3850.  If  auy  iury  shall  commit  a  contemi)t  of  court,  or  shall 

for  contemi.t        "^  ,,....         ,      .  ,.  .  .     .,  .   , 

break  up  belore  giving  in  their  verdict  in  any  civil  case  without 
leave  of  tlie  court,  the  court  may  declare  a  mistrial  in  the  case, 
and  shall  fine  each  of  the  oifending;  jurors  in  a  sum  not  exceeding 
one  hundred  dollars. 
Maybavpre-  §3851,  AVlicn  any  jury  is  confined  in  the  investigation  of  a 
case  for  a  length  of  time  which  exposes  tiiem  to  hunger  and  cold, 
the  Court  may,  on  application  from  such  jury,  direct  them  to  be 
furnished  with  such  refreshments  as  the  presiding  Judge  may 
deem  meet  and  i)roper,  and  the  said  Judge  shall  have  full  powei' 
to  draw  his  warrant  on  the  County  Treasurer  of  the  county  where 
the  investigation  is  had,  for  tlie  payment  of  the  same,  M-hich  the 
said  Treasurer  shall  pay  out  of  any  funds  on  hand.  The  Judge 
may  also  allow  the  jury  fire  if  the  circumstances  require  it. 


TITLE  XII. 

PROCEEDINGS  AGAINST  OFFICERS  OF  COURT. 


CHAPTER  I. 

PROCEEDINGS  AGAINST  OFFICERS  OF  COURT. 

Section".  i  Section'. 

3852.  Officers  subject  to  suit,  &c.  |  38u9.  When  ruled  without  notice. 

3853.  Liability  of  Sheriffs.  I  3SG0.  Judgment  on  rule. 

3854.  Demand  of  money  collected. 

3855.  Service  of  demand — how  proved. 

3856.  Retired  officers  may  be  ruled. 

3857.  Rules  ni  si  against  officers. 

3858.  Answer  and  proceedings. 

Officers  of        §  3852.  All  Sheriffs,  under  Sheriffs,  Coroners,  Jailors  and  Consta- 

t?"6uit^i;e.  blesand  other  officers  of  court  shall  be  liable  to  all  actions,  suits  and 

disabilities  whatever,  which  they,  or  either  of  them,  may  or  shall 


386 1.  Defaulting  officers — how  puiii.shed. 

3862.  Delinquent  attorneys. 

3863.  Rule  against  Deputy  Sheriff. 

3864.  Service  of  rule  against  Sheriff. 

3865.  Rule  c*.  J.  P.  and  Constables, 


FT.  3. — TIT.  12. — ^Pkoceedings  against  Officers.  731 

Chapter  1. — Proceedings  against  Officers  of  Court. 

incur  lor  or  on  account  of  the  escape  of  prisoners,  or  for  or  in  re- 
spect of  any  other  matter  or  thing  whatever,  rehitinjr  to,  or  con- 
cerning their  respective  offices. 

§  3853.  The  Sheriffs  of  tliis  State  shall  be  liable  to  an  action  on  uawnu  of 
the  case,  or  an  attachment  for  contempt  oi  court,  at  the  option  ot 
the  party,  -wlierever  it  appears  that  such  Slieriffs  liave  injured  such 
])arty,  eitlicr  by  a  ialse  return,  or  by  neglecting  to  arrest  a  defen- 
dant, or  to  levy  on  the  property  of  the  defendant,  or  to  pay  over 
to  the  plaintiff,  or  his  attorney,  any  monies  collected  by  such 
Sheriffs  by  virtue  of  any  Ji.  fa.  or  other  legal  j)rocess,  or  to  make 
a  proper  return  of  any  writ,  execution,  ov  other  process  put  into 
the  hands  of  such  Sheriff. 

§  3854.  If  any  Sheriff,  Coroner,  Justice  of  the  Peace,  Constable,  Money  coi- 
Clei'k  of  the  Superior,  or  Inferior  Com't,  or  attorney  at  law,  shall  nciis  may 
+ad,  upon  application,  to  pay  to  the  proper  person,   or  Jus  attor- c.i.  &o. 
ney,  any  money  they  may  have  in  their  hands,  which  they  may 
have  collected  by  virtue  of  their  ofHce,  the  party  entitled  thereto, 
t>r  his  attorney,  may  serve  said  oflicer  with  a  written  demand  for 
the  same,  and  if  not  then  paid,  for  such  neglect  or  refusal,  the 
said  officer  shall  be  compelled  to  pay  at  the  rate  of  twenty  per 
cent,  per  annum,  ui)on  the  sum  he  has  in  his  hands,  from  the  date 
of  such  demand,  unless  good  cause  be  shown  to  the  contrary. 

§3855.  A  copy  of  said  demand  produced  in  court,  verified  by  j^^.rvioo  or 
affidavit,  stating  when  and  where  the  original  was  served  upon 'jlo',""''",;^,.,. 
the  officer,  shall  he2^i"iniafacie  evidence  of  the  date  and  service 
thereof. 

§  3S5f).  Sheriffs,  Deputy  Sheriffs,   Coroners,  Clerks  of  the  Su-  omocrs  may 
perior  and  Inferior  Courts,  Justices  of  the  Peace  and  Constables,  u^rporngoiit 
shall  at  any  and  all  times  be  subject  to  the  rule  and  order  of  the"  ** 
courts  after  they  have  retired  from  their  respective  offices,  in  such 
cases  and  in  like  manner  as  they  would  have  been  had  they  re- 
mained in  office. 

§3857.  The  Judges  of  the  Superior  Court,  Justices  of  the  In-i,„,„ni^i 
ferior  Court  and  Justices  of  the  Peace,  respectively,  upon  appli-  "^^^ ""'" 
cation,  may  grant  rules  ?r/.<??!  against  all  officers  subject  thereto 
in  vacation,  or  in  term  time,  which  rale  ■)d  si  shall  contain  a  full 
statement  of  the  case  in  which  the  officer  is  called  upon  to  show 
cause,  and  also  the  time  and  pla(;e  of  hearing,  and,  if  granted  in 
vacation,  the  officer  called  on  shall  be  served  with  a  copy  thereof 
before  the  sitting  of  the  court  to  v/hich  it  is  made  returnable,  and 


732  PT.  3.— TIT.  12.— Proceedings  against  Officeks. 

Chapter  1  — Proceedings  against  Officers  of  Court. 

if  granted  in  term  time,  siieli  service  shall  be  perfected  before  the 
case  is  called  for  hearing. 
Answer  to        §  385S.  TliB  officcr  called  on   bv  rule  ni  sL  as  provided  in  the 

rule  ni  si,  ,.  .  i      n     ,•    ii  '  i      •  •    .  •  i  i 

andsubsc-    i)receuinf;  section,  sliall  lullv  respond   m  writing  to  said  rnle. 

quentpro-  "  i      ii    i  i       '  i  i  i  . 

pceriings.  wlucli  auswcr  sliall  be  under  oatli,  taken  at  the  time  tbe  answer 
is  filed ;  and  if  the  answer  is  not  denied,  the  rnle  shall  he  dis- 
charged, or  made  absolute,  according  as  the  court  may  deem  the 
answer  sutKcient  or  not.  The  movant  of  the  rule,  however, 
may  traverse  the  truth  of  such  answer,  in  which  case  an  issue 
shall  be  made  up  and  tried  by  a  jury  at  the  same  term,  unless 
good  cause  of  continuance  be  shown,  which  may  be  done  once 
only  by  either  l>;irty.  Upon  the  trial  of  such  issue,  the  court 
shall  discharge  the  rule  or  make  the  same  absolute,  ac(H)rding  as 
the  verdict  of  the  jury  may  i)e  for  or  against  the  officer. 
v;hcno«i-  §3850.  If  a  Slierifl' or  other  officer  shall  designedly  al)sent 
rXrwfih-'  himself  froni  his  court,  the   j)residing  Judge  or  Justices,   in  all 

out  notice.  ■<     •       .  ,  .        ,   ,  .     .       .,«     •  •  i      • 

such  instances,  when  recpiired  l)y  phiintitrs  in  execution,  or  their 
attorneys,  shall  grant  a  rule  alisolute  against  such  Sheriff  without 
the  notice  aforesaid,  unless  it  is  proven  at  such  term  of  the  court, 
that  the  said  Sheriff,  from  sickness,  is  not  able  to  attend  said  court. 

Lienofruu-  §3S()(».  AVlieii  a  rule  absolutc  lias  been  obtained  again.st  any 
officer  for  the  payment  of  money  as  provided  in  this  chapter, 
such  rule  shall  have  the  same  lien  upon  the  property,  both  real 
and  personal,  of  such  officer  as  an  ordinary  judgment  at  law,  and 
{'(  not  punctually  paid,  such  demand  shall  thereafter  draw  an  in- 
terest at  the  rate  of  twenty  per  cent,  per  annum,  and  the  plain- 
tiff may  have  either  an  attachment  (U*  an  execution  issued  from 
said  r\ile  absolute,  and  may  have  either  of  said  processes  return- 
ed, and  the  other  issued  at  pleasure. 

Doiauitof        §3801.  If  any  Sherifi*  or  Coroner  shall   fail  to  make  a  proper 

how  puuis))- return  ot  all  writs,  executions,  and  other  processes  put  into  his 
hands,  or  shall  fail  to  pay  over  all  monies  received  on  such  exe- 
cutions, on  his  being  required  so  to  do  by  the  court,  he  shall  be 
liable  to  an  action  as  for  contempt,  and  may  be  fined,  imprison- 
ed, or  removed  from  office,  in  the  manner  j)rescribed  by  the  con- 
stitution and  laws. 

Delinquent       §3862.  If  auv  attomcv  sliall   retain  in  his  hands  anv  monev 

attorney  to  .,,,."    ,  "  "  " 

be  stricken   received  by  him  for  anv  client,  after  being  ordered  bv  the  court 

from  the  roll.  '  ^ 

to  pay  over  tlie  same  to  the  principal,  he  shall  be  stricken  from 
the  list  of  attornevs. 


FT.  3. — TIT.  12. — Proceedings  against  Officers.  733 


Chapter  1. — Proceedings  against  OfBcers  of  Court. 


§  3863.  All  Deputy  Sheriffs  shall  be  liable  to  be  ruled  and  at-  Deputy 

1       -1   •         1  1  oi         -ir-         1  1         1.    1  •!•    Sheriffs  sul)- 

tached  in  the  same  way  and  manner  as  oheriiis  ;  but  tlie  liabili-jccttoruie, 
ty  of  the  Sheriff  shall  not  be  affected  by  any  such  proceeding 
against  his  deputy,  when  the  same  is  not  effective. 

S  3864.  Whenever  the  Sheriff  or  his  deputy  is  a  party  to  said  R"'*'  -igaiBst 

'^  .  1        J  1  .;  Sheriff  and 

rule,  or  interested  therein,   and  there  be  no  Coroner,  or  other  aeimty— hy 

'  ■whom  serv- 

hiwful  officer  of  said  county  to  execute  the  same,  it  shall  be  the^'^- 
duty  of  the  Judge,  or  Justice,  or  Justices  of  said  court,  to  ap- 
[)oint,  pro  tempore^  a  special  officer  to  carry  out  and  effectuate 
the  order  of  said  court,  which  said  officer  so,  appointed,  shall  be 
allowed  the  usual  fees  of  Sheriffs  for  like  service. 

§  3865.  J  ustices  of  the  Peace  and  Constables  shall  be  so  far  con-  J"^««'s  of 

"  the  Peace 

sidered  officers  of  the  Superior  Court,  as  to  be  subject  to  be  ruled  ^"^^-whew 
under  similar  regulations  as  are  herein  provided  in  relation  to™'*"''- 
any  other  officer  of  said  court,  and  sliall  be  subject  to  all  the 
pains  and  penalties  herein  provided,  in  case  of  a  rule  absolute 
against  Sheriffs  and  other  officers  of  said  court,  when  they,  or 
cither  of  them,  shall  refuse  or  neglect  to  pay  over  any  money 
which  they  may  have  received  or  collected  in  their  official  ca- 
pacity. 


734       FT.  3.— TIT.  13.— CHAP.  1.— Foreclosing  Moktgages. 


Article  1. — Application  to  Foreclose,  &c. 


TITLE  XIII. 

OF  PROCEEDIXGS  TO  FORECLOSE  MORTGAGES. 

CiiAi'TEii  1,  Of  mortgages  on  real  estate — how  foreclosed. 
CiiAPTini  2.  Of  mortgage  on  personalty — how  foreclosed. 


GIIAPTEPt  I. 

M0RT(4AGES  OX  REAL  ESTATE— HOW  FORECLOSED. 

Akticle  1.  Of  the  application — when  and  how  made. 
Akticle  2.  Defences,  pleas — when  and  how  made. 
Article  3.  Of  the  judgment,  disposition  of  [)roperty,  t^c. 
Article  4.  Of  the  proceeds  of  sale — how  appropriated. 


ARTICLE  I. 

APPLICATION  TO  FORECLOSE— AVIIEN,  WHERE.  AND  HOW  MADE.    AND 
PROCEEDINGS  THEREON. 

Section.  :  Section. 

3866.  Mortgage  on  land — how  foreclosed. '   3867.  Executors,  &c.  may  foreclo.so. 

Foicciosurc  §  3SG0.  Mortgages  on  real  e?;tate  in  Georgia,  shall  be  i'ovv- 
onnaky!^'  closcd  in  thc  following  manner,  to  wit :  any  person  applying  and 
entitled  to  foreclose  such  mortgage  shall,  by  himself,  or  liis  at- 
torney, petition  the  Superior  Court  of  the  county  wherein  thc 
mortgaged  propert}?^  may  be,  which  petition  shall  contain  a  state- 
ment of  the  case,  the  amount  of  the  petitioner's  demand,  and  a 
description  of  the  property  mortgaged;  whereupon  the  court 
i  shall  grant  a  rule,  directing  the  principal,  interests  and  costs,  to 

be  paid  into  court,  on  or  before  the  first  day  of  the  next  term 
immediately  succeeding  the  one  at  which  such  rule  is  granted  ; 
which  rule  shall  be  published  once  a  month,  for  four  months,  or 
served  on  thc  mortgagor,  or  his  special  agent  or  attorney,  at 
least  three  months  previous  to  the  time  at  which  the  money  is 
XnN.  >'       directed  to  be  iiaid  into  court,  as  aforesaid. 

ijyit"iJ"ns<n-      §  38(37.  If  tlic  pcrsou  entitled  to  foreclose  the  mortgage  on  real 
.icceaU'.t      estate  be  dead,  the  application  and  proceeding  to  foreclose  may 
"''''"    be  made  and  prosecuted  by  his  executor  or  administrator. 


H 


is; 


PT.  3.— TIT.  13.— CHAP.  1.— Foreclosing  Mortgages.        735 

Article  2.— Of  Pleas,  Defences,  &c. 

ARTICLE  II. 

OF  PLEAS,  DEFENCES,  &c.— WHEN  AND  HOW  MADE. 

Section.  JSkctiox. 

.1868.  Dcfenccf!  ajrainst  foreclosure.  I  3870.  Proeeedintj's  aa;ainst  executors,  &c. 

38G!).  Third  persons  cannot  defend.  j  3871.  Issue — how  tried. 

§3868.  When  a  rule  ni  si  to  foreclose  a  mortgage  on  real  es-D^,fpn(.o 
tate   has  been  granted,  and    the  same  has  been  published  or  ef^^ure  of** 
served,  as  hereinbetbre  required,   the   mortgagor,  or  liis  special  "ea^ty."^'*  *'" 
agent  or  attorney,  may  appear  at  the  term  of  the  court  at  which 
the  money  is  directed  to  be  paid,  and  file  his  ol)jections  to   the 
foreclosure  of  such  mortgage,  and  may  set  up  and  avail  himself 
of  any  defence  -which  he  might  lawfully  set  up   in  an  ordinary 
suit,  instituted  on  the  debt  or  demand  secured  by  such  mortgage, 
and  which  goes  to  show  that  the  apj)licant  is  not  entitled  to  the 
foreclosure  sought,  or  that  the  amount  claimed  is  not  due ;  T*ro- 
vided,  that  the  facts  of  such  defence  are  verified  by  the  affidavit 
of  such  mortgagor,  or  special  agent  or  attorney,  at  the  time  of 
filing  the  same. 

§  3SG9.  If  the  mortgagor,  or  his  special   agent  or  attorney,  Third  per- 
fail  to  set  up  tlie  defence  provided  for  in  tlie  preceding  section,  fKienu. 
it  is  not  competent  for  any  third  person  to  interpose  ;  neither 
will  the  court  itself,  of  its  own  motion  do  so. 

§3870.  When  the  mortgagor  is  dead,  the  proceeding:  to  fore- Proceeding 

1  ,1  .  1     ^    ,     .  1        •  •  1      ^^      .  1   .     against  rep- 

close  tlie  mortgage  on  real  estate   may  be  instituted  against  his  rosentative 

,  ^   .*■   .  ,  of  tnortga- 

executor  or  administrator.  gor. 

§  3871.  When  proceedings  to  foreclose  a  mortgage  are  insti-  issue-how 
tuted,  and  a  defence  is  set  np  thereto,  as  hereinbefore  provided, '"^*^ 
the  issue  shall  be  submitted  to  and  tried  by  a  special  jury,  as  in 
appeal  cases. 


ARTICLE  III. 

OF  THE  JUDGMENT  AND  DISPOSITION  OF  MORTGAGE  PROPERTY. 
Section  3872.  Judg-ment  of  foreclosure  and  sale. 

3872.  When  the  mortgagor,  after  being  directed  so  to  do,  j,,,,^^^,,^,, 
fails  to  pay  the  principal,  intercbt  and  cost,  as  hereinbefore  )-e- 1,',',',]" s/,ie"of 
quired,  and  also  fails  to  set  np  and  sustain  his  defence  against jIJ.'.''^^'^"' 
the  foreclosure  of  the  mortgage,  the  court  shall  give  judgment 


736        PT.  3.— TIT.  13.— CHAP.  1.— Fokeclosing  Mortgages. 


Article  3. — Of  the  Judgment  and  Disposition  of  Mortgaged  Property. 


for  the  amount  which  may  be  due  on  such  mortgage,  and  shall 
order  the  mortgaged  property  to  be  sold  in  the  manner,  and  un- 
der the  same  regulations  which  govern  Sheriffs'  sales  under  exe- 
cution. 


AKTICLE  IV. 

PROCEEDS  OF  SALE  OF  MORTGAGED  PROPERTY— IIOW  APPROPRIATED. 

Section.  ISectiok. 

3873.  Disposition  of  proceeds.  j  3874.  When  proceeds  maybe  retained. 

vroceedsof      §3873.  Tlic  mouej  arising  froiu  the  sale  of  mortgaged  prop- 
^sp^sed'I.f.  erty,  brought  to  sale  under  the  regulations  hereinbefore  pre- 
scribed, shall  be  paid  to  the  person  foreclosing  the  mortgage,  un- 
less claimed  by  some  other  lien  in  the  hands  of  the  officer,  which 
inlaw  has  priority  of  payment  over  tlie  mortgage;  and  when 
there  shall  be  any  surplus  after  paying  off  such  mortgage  or  other 
liens,  the  same  shall  be  paid  to  the  mortgagor  or  his  agent. 
When  pro-       §3874.  If  the  mortgage  is  given  to  secure  a  debt  due  by  in- 
be*naaiiuMi  stahiicnts,  aiid  is  foreclosed  before  any  one  of  the  instalments 
y    '^'^""'' -fy^jig  ^j^^^,^  .^,jj  there  is  a  surplus  of  funds,  as  above  stated,  the 
court  may  retain  the  funds,  or  order  the  same  invested  to  meet 
the  instalment  still  unpaid. 


CHAPTER  II. 

OF  MORTGAGES  ON  PERSONAL  PROPERTY— HOW  FORECLOSED. 

Article  1.  Of  the  application — by  whom  and  how  made. 
Article  2.  Of  the  defences — when  and  how  made. 


ARTICLE  I. 

OF  THE  APPLICATION  TO  FORECLOSURE— BY  WHOM  AND  HOW  MADE. 

Section.  Sectiox. 

3875.  On  personalty — how  foreclosed.         3880.  Proceedings  tliereou. 

3876.  Levy  and  sale  of  property.  <   3881.  Sale,  and  disposition  of  proceeds. 

3877.  When  the _/?. /a.  may  claim  money.    3882.  Executors.  &c..  may  foreclo.se. 

3878.  Property  may  be  sold  by  consent.]   3883.  Contest  of  lien  by  third  person.?. 

3879.  Affidavit  of  illegality.  i 

§  3875.  Mortgages  on  personal  property  shall  be  foreclosed  in 
the  following  manner,  to  wit :  Any  person  holding  a  mortgage  on 


PT.  3.-TIT.  13.-CIIAP.  2.-FoREcLosmG  Moktgages. 


737 


Article  1.— Of  the  Application  to  Foreclosure. 


personal  property,  and  wishing  to  foreclose  the  same,  shall,  either  ForecWe 
n,  person,  or  bv  his  agent  or  attorney  in  fact  or  at  law,  go  before  onT/S? 
some  officer  of  this  State  who  is  authorized  In-  law  to  administer '''■ 
oaths,  or  a  commissioner  for  this  State  residing  in  some  other 
State,  and  make  affidavit  of  the  amount  of  principal  and  interest 
due  on  such  mortgage,  which  affidavit  shall  be  annexed  to  such 
mortgage,  and  when  such  mortgage,  ^vith  such  affidavit  annexed  Affi-i^-'*- 
thereto,  shall  be  produced   to  the  Judge  of  the  Superior  Court 
whose  circuit  embraces  the  county  wherein   the   mortgagor  re- 
sides at  the  date  of  the  foreclosure,  if  a  resident  of  this^Stlite  or 
where  he  resided  at  the  date  of  the   mortgage,  if  not  a  resident 
ot  tins  State,  or  to  any  one  of  the  Justices  of  the  Inferior  Court 
of  such  county,  it  shall  be  the  duty  of  such  Judge  or  Justice  to 
pass  an  order  declaring  such  mortgage  foreclosed,  and  directing  the 
(^lerk  of  the  Superior  Court  (if  the  order  is  passed  by  the  Judo-e) 
or  the  Clerk  of  the  Inferior  Court  of  said  county  (if  the  ordeHs^^^^of 
passed  by  the  Justice)  to  issue  an  execution  for  such  principal' 
and  interest,  and  for  the  sale  of  the  mortgaged  property,  as  on  a 
judgment,  whi(;h   order  shall  also   be  annexed  to  the  mort-ao-e  • 
and  when  the  mortgage,  with  the  affidavit  and  order  afo^es'aid 
annexed  thereto,  are  delivered  to  the  said  Clerk  of  the  Superior 
or  Clerk  of  the  Inferior  Court  as  the  order  may  be  passed  by  the 
Judge  or  Justice  as  aforesaid,  it  shall  be  the  duty  of  such  Clerk 
to  issue  an  execution,  directed  to  all  and   singular  the   Sheriffs 
and  Coroners  of  this  State,  commanding  a  sale  of  the  morto-ao-ed  ^^''""''"' 
property  to  satisfy  the  said  principal  and  interest,  together^ with 
the  costs  of  the  proceedings  to  foreclose  the  said  mortgage. 

^  3S7(;.  When  the  execution  mentioned  in  the  precedino-  sec- 
tion shall  be  delivered  to  the  Sheriff  or  Coroner,  as  the  case" m ay -'-^-^t- 
he,  it  shall  be  his  duty  to  levy  on  the  mortgaged  property  whereso-  -^'  "'^' 
ever  the  same  maybe  found,  and  after  advertising '  the  same 
lu  one  or  more  of  the  public  gazettes  of  this  State,  at  least  sixty 
days  before  the  day  of  sale,  the  said  Sheriff  or  Coroner  shall  put 
up  and  expose  said  property  to  sale  at  the  time  and  place,  and  in 
tlie  same  manner  as  govern  in  case  of  Sheriffs'  sales. 

^3877.  If  other/. /«,.  are  levied  on  the  mortgaged  property,,,  , 
and  the  sa.ne  is  sold   after  an  advertisement  of  only  thirty  day;  •^'•-/" 
the  niortgage/./«.  may,  nevertheless,  claim  the  proceeds  of  tlie"'^"- 
sale,  it  Its  lien  is  superior. 


I  M(jrtg:age  ^/i. 
lay 
I  money 


47 


738       FT.  3.— TIT.  13.— CHAP.  2.— Foreclosing  Moktgages. 

Article  1. — Of  the  Application  to  Foreclosure. 

Mortgaged        §  3878.  If  a  mortgage  on  realty  or  personalty  is  not  fbreclo;-- 
inaybosoM  ed,  aiul  tliG  Gfiuity  of  redemption  is  levied  on  by  other  H.  fas.,  bv 

l.r  consent,         '  •     i'  '  t/    ,/         •>     „ 

without  consent  ot  the  mortgagor  and  mortgagee,  and  the  plaintiff  in  the 
fi.fd.  levied,  the  entire  estate  may  1)0  sold,  and  the  mortgagee 
claim  under  his  lien,  in  the  same  manner  as  if  liis  mortgage  was 
foreclosed. 


AETICLE  II. 

OF  THE  DEFENCES— Wl IK N  AND  HOW  MADE. 

Section.  'Skctiox. 

3879.  AfTidavit  of  illegality.  !  .'.882.  Executors,  Ac,  may  forei-lose. 

3880.  Proceediuga  thereon.  i  3883.  Contest  of  lien  by  tliird  persoiii*. 

3881.  Sale  and  disposition  of  proceeds.  I 

.\iiidavitof  §3870.  "When  an  execution  sliall  issue  upon  the  foreclosure  of 
jn*ftga'j^^,*j^, a  mortgage  on  personal  property,  as  hereinbefore  directed,  tlio 
''"■  mortgagor,  or  his  special  agent,  m:iy  file  his  attidavit  of  illegality 

to  such  execution,  in  which  affidavit  he  may  set  uj)  and  avuil 
himself  of  any  defence  which  he  might  have  set  up  according  t<> 
law,  in  an  ordinary  suit  upon  the  demand  secured  by  the  mort- 
gage, and  which  goes  to  show  that  the  amount  claimed  is  not 
due. 
Proceedings  §  388U.  When  an  affidavit  of  illegality  shall  be  tiled  to  a  mort- 
^aiityis  yi^^ifi  execution,  as  provided  for  in  the  preceding  section,  tlie 
Judge  or  Justice  who  passed  the  order  of  the  foreclosure,  may 
order  the  levying  officer  to  postpone  the  sale  ot  tlie  mortgaged 
})roperty  upon  the  mortgagor,  or  his  si)ecial  agent  <.)ra  ttorney, 
giving  bond  with  good  and  sufficient  security,  in  double  the 
amount  of  such  execution,  conditioned  for  the  return  of  such 
property  when  called  for  by  the  levying  officer,  which  bond  shall 
be  made  payable  to  the  plaintiff,  who  may  sue  and  recover  there- 
on Avlien  the  condition  is  liroken  ;  and  when  such  affidavit  of  ille- 
gality is  filed,  and  such  order  of  postponement  is  i)assed,  and 
such  bond  has  been  given,  the  levying  officer  shall  postpone  the 
sale  of  said  property  and  return  all  the  proceedings  and  papers 
to  the  next  term  of  the  court  whose  Clerk  issued  the  execution, 
where  the  questions  and  issues  shall  be  tried  as  other  cases  of 
illegality  ;  and  the  jury  shall  be  sworn  to  give  at  least  twenty- 
five  per  cent,  damages  to  the  plaintiff  on  the  principal  sum.  in 
case  it  shall  appear  that  the  affidavit  of  illegality  was  filed  for  a 
delay  only. 


ZIi^z:^:i!:zSI^£i!:^^  739 

Article  2.— Of  the  Defences. 


ence  as  hereinbefore  antliorized,  the  morfo-aged  property  sliall  beS^f 
sold    and  the  proceeds  of  the  sale  shall  be  applied  to  ihe  md^rAHl^^'^- 
ment  ot  said    mortgage   execution,    unless   such    proceeds    are  "■""""• 
claimed  by  some  other  lien  in  the  hands  of  the  officer,  entitled  in 
law  to  priority  of  payment;  and  if,  after  the  satisfaction  of  such 
>.  fa  or  other  lien,  there  may  be  any  surplus,  the  same  shall  be 
paid  to  the  mortgagor  or  his  agent. 

•    \  ^^f\  ^^'^'r'  ^^''^  ^'''^'^''  ^^"^^  mortgage  on  personal  i.roperty  r         . 
IS  dead,  the  affidayit  and  proceedings  to  foreclose  may  l^lm!d^'"1- 
and  prosecuted  by  his  executor  or  administrator ;  and  if  the  mort- Ft^" 
gagor  be  dc.xd   his  legal  representatiye  may  set  'up  the  fam    d  -  '""- 
lences  \yhich  he  could  do  if  Hying.  ' 

_    §3883.  If  any  creditor  of  the  mortgagor,  ^yhether  his  debt  be„     , 
n  judgment  or  not,  desires  to  contest  the  validity  or  fairness  J'-' 
the   mortgage  lien  or  debt,  he  may    make   an  affidavit  "tl^  E^ 
grounds  upon  which  he  relies  to  defeat  such  mortgage,  and  upon 
hlmg  the  same  with  the  levying  officer,  together  with  I  bond  and 
gocxl  security,  payable  to  the  mortgagee,  and  conditioned  to  "y 
allco.ts  and  damages    incurred  by  the  delay,  if  the   issue  be 
ound  against  the  contestant,  it  shall  be  the  duty  of  such  offic  r 
to  return  the  same  to  the  court  to  which  the  moi-tgage  /.  f^rl 
^laWe^    o  be  tried  in  the  manner  prescribed  aboCe  iH  J. 
nclavit  ot  illegality  by  the  mortiracror 


third 
rsons  may 


740      PT.  3. — TIT.  14:.— CHAP.  I. — Establishing  Lost  Papers. 


Article  I.  — Kstablishment  of  Lost  Papers  in  Superior  and  Inferior  Courts. 


TITLE   XIV. 

OF  PROCEEDINGS  TO  ESTABLISH  LOST  PAPERS. 


CHAPTER  L 

LOST  PAPERS— WIIEX,   WHERE,  AND  HOW  ESTABLISHED. 

Article  1,.  Establisliineiit  of  lost  papers — in  what  courts. 
Article  2.  Establisliinent  of  lost  papers  in  Justices'  Court. 


ARTICLE  L 

ESTABLISHMENT  OF  LOST  PAPERS  IN  SUPERIOR  AND  INFERIOR  COURTS. 

Section.  i  Section. 

3884.  OfTico  papers  cstablis'd  on  motion.     3880.  Certified  endor.''craent  of  copy. 

3885.  Papers  sued  on,  office  p'p's — when    H890.  Suits  on  lost  papers. 

3886.  Other  papers — how  establi.shed.      I  3891.  Oyer  cannot  be  demanded. 

3887.  Continuance — when  granted.  i  3892.  Lost  executions — how  established 

3888.  Rule  absolute. 

Office  papers  §3884.  Upou  tlic  lofis  of  any  original  bill  in  equity,  answer,  repli- 
"bWd*"  cation,  declaration,  plea,  l>ill  of  indictment,  special  presentment, 
mstnnter.  ^^^,  otlicr  otHcc  paper,  a  copy  may  be  established  instanter  on  motion. 
Papers  sued  §3885.  Tlic  instrument  sued  on  shall  be  deemed  an  office  pa- 
paper'^'""  per,  after  the  case  of  which  it  is  the  foundation  has  gone  to  the 

when.  , 

appeal. 
How  other  §  3880.  The  owner  of  a  paper,  (other  than  an  office  paper,  and 
cstawis'hea.  whicli  can  not  be  sued  on  and  collected  in  a  Justices'  Court,) 
lost  or  destroyed,  desiring  to  establish  the  same,  shall  present  to 
the  Clerk  of  the  Superior  or  Inferior  Court  of  the  county  where 
the  maker  of  the  paper  resides,  if  a  resident  of  this  State,  a  pe- 
tition in  writing,  together  with  a  copy,  in  substance,  of  the  pa- 
per lost  or  destroyed,  as  near  as  he  can  recollect,  which  copy 
shall  be  sworn  to  by  the  petitioner,  his  agent  or  attorney ; 
whereupon  the  clerk  shall  issue  a  rule  Jii  si  in  the  name  of  the 
Judge  of  the  Superior  Court,  if  the  application  be  made  to  the 
Clerk  of  such  Superior  Court,  and  in  the  name  of  one  of  the 
Justices  of  the  Inferior  Court,  if  the  application  be  made  to  tlio 
Clerk  of  such  Inferior  Court,  calling  upon  the  opposite  party  to 
show  cause,  if  any  he  has,  why  the  copy  sworn  to  should  not  be 
established  in  lieu  of  the  lost  or  destroyed  original ;  which  rule 
shall  be  served  by  the  Sheriff,  his  deputy,  or  any  Constable  of 


Petition. 


Rule  rii  *«. 


PT.  3.— TIT.  14.— CHAP.  1.— Establishing  Lost  Papers.      741 


Article  1. — Establishment  of  Lost  Papers  in  Superior  and  Inferior  Courts. 

this  State,  personallv,  ui)«»ii  the  partv,  it' to  l»e  found  in  this  u»io  «»«»— 
State,  twenty  days  before  tiie  sittinji;  of  the  Conrt  to  which  tlie 
nde  III  til  is  made  rerurrialde ;  and  if  the  party  cannot  hi;  ionn»i 
in  this  State,  then  the  ride  shall  he  puhlishi'd  in  some  ])nhlic  «2;a- 
zette  of  this  State  for  the  space  of  three  months  l)efore  the  Hnal 
liearing  of  the  rule. 

§8887.  In  a  j)roceeding  to  estaldish  h)st  papers  under  the  pi*«>-^'^{,'p"n"'"** 
visions  of  the  preceding  section,  no  continuance  shall  be  granted, -'■•""'■'^• 
unless  it  appear  reasonable  and  just  to  the  court;  nor  shall  a 
continuance  be  allowed  to  the  same  party  more  than  once,  ex- 
cept for  Providential  cause. 

^  3888.  When  the  rule  nl  si  has  been  didy  served,  as  liereinbe-  ]>„u.ni.!«.- 
fore  provided,  the  court  shall  grant  a  rule  absolute  establishing 
the  copy  of  the  lost  or  destroyed  paper  sworn  to,  uidess  good  and 
sufficient  cause  be  shown  why  such  rule  al)solute  should   not  be 
granted. 

§3889.  When  the   c-opv  is  established,  the  Clerk  of  the   conrt  Certified  en- 
m  which  it  is  done  sh  dl  funush   the  copy  to  the    party  who  had  "f  lopy. 
it  established,  with  a  certitieil  endorsement   then^on  of  the  day 
and  term  of  the  court  when  the  rule  aI)-iolnte  was  granted  ;   Pro- 
vided^ all  costs  of  the  proceeding  are  paid. 

§3890.  If  the    [japer  lost  or  destroyed   be  a  note,  bill,  bond,  suit  on  i..8t 

1  •  I  ■    1  •  1111  paiier. 

or  Other  instrument  upon  which  suit  may  be  brought,  tiie  owner 
thereof  may  institute  suit  thereon  so  soon  as  the  rule  n<''  si  has 
been  issued  as  hereinbefore  provided  for,  and  it  shall  be  set  forth 
in  the  declaration  that  the  paper  sued  on  is  lost  or  destroyed ; 
and  in  no  case  shall  tliere  be  a  judgment  had  in  such  suit  until  it 
shall  be  determined  whether  the  application  to  establish  the  pa- 
per be  granted  or  not ;  and  if  granted,  then  judgment  shall  be 
had  as  in  other  cases. 

§  3891.  In  a  suit,  such  as  provided  for  in  the  preceding  section,  oycrofiost 
oyer  of  the  paper  sued  on  shall  not  be  demanded  until  at  the  i.-a  i.e  de- 
time  01  the  rendition  oi  judgment  in  such  suit,  and  then  it  the 
plaintitf  produce  a  copy  of  the  paper,  with  a  certified  endorse- 
ment thereon  by  the  Clerk  of  the  Court  in  which  it  was  estab- 
lished, as  hereinbefore  directed,  it  shall  be  taken  and  considered 
as  the  original. 

§3892.   When  any  execution   which  sludl  have  ])een   roguhirly  \Y||,.n,.xoou 
issued  from  the  Superior  or  Infcrioi*  (Jourts  of  this  St;ite  shall  be  ..I'iasTuny  u 
lost  or  destroyed,  the  Judge  or  either  (.»f  the  Justices  of  the  court  ^",",ie'  ''"'^ 
from  which  the  same  issued,  may  at  any  time,  either  in  open 


742      PT.  3.— TIT.  14.— CHAP.  1.— Establishing  Lost  Papers. 


Article  1. — Establishment  of  Lost  Papers  in  Superior  and  Inferior  Courts. 

! 

court  or  vacation,  upon  proper  application  beinp;  made  and  tlie 
facts  proven  by  tlie  atiidavit  ol'tlie  aj>])licant,  liis  agent  or  attor- 
ney, or  l)y  any  other  satisfactory  proof,  grant  an  order  for  tlie  is- 
suinii;  of  an  alias  execution  in  lien  of  tlie  lust  original  exccuti<»n. 


ARTICLE  11. 

KSTARMSTIMKNT  OF  LOST  PAPF.RS  IX  TIIK  .irSTICKS'  COURT. 

Skctiox.  Section. 

389:{.  Of  ]i!i|)cr.sl>olonpinp;  to  a  suit  3S9r>.  Kstalilishmeut  of  lust  executioDS. 

.'!894.   Ivslablislinient  of  other  papers. 

Papersi.e        §3893.  Wlicu  auv  boud,  bill,  note,  or  other  evidence  of  debt, 

longing  to  •  i     i  • 

Biiitswhcn    or  aiiv  siimiiions,  execution,  or  aiiv  other  i)a]K'r  oeloni^inu^  or  ap- 

lost  iiiav  bo  ■      .  .  *  ...  1        "  •      '  <  / 1 

fstabiisiicii   ])ertaiiinii^  to  aiiv  suit  or  other  proceeding  in  anv  Justices  Court 

at  once.  .','  .,.', 

of  this  State  shall  be  lost,  destroyed,  or  mislaid  from  the  hands 
of  the  .lustice  of  the  Peace,  such  Justice  may,  by  reason  and  vir- 
tue of  his  office,  establish  instanter,  a  coj)y  in  substance  of  such 
paper  in  lieu  of  the  original  so  lost ;  and  if  any  such  paper  be  lost, 
destroyed,  or  mislaid  from  the  hands  of  any  person  other  than 
the  Justice  of  the  Peace,  the  party,  ])laintirt"  t»r  defendant,  or  any 
one  interested  wishing  to  use  such  lost  paper,  shall  be  ]>ermitted 
to  establish  and  use  in  lieu  of  the  original,  a  substantial  co]>y  of 
the  same,  by  making  affidavit  of  the  loss  of  the  original,  and  that 
the  copy  proposed  to  be  used  is  a  co}>v  in  substance  of  the  lost 
original. 
other  lost  §381)4.  The  owner  of  a  lost  paper,  which  may  according  to  law 
be^ItliXv  be  sued  on  and  collected  in  a  Justices'  Court,  who  wishes  to  estab- 
•  ""  lish  the  same,  may  present  to  one  of  the  Justices  of  the  Peace  of 
the  district  in  which  the  maker  resides,  if  a  resident  of  this  State, 
a  copy  in  substance  of  the  ])aper  lost  as  nearly  as  he  can  recollect, 
which  copy  shall  be  sworn  to  by  the  applicant,  his  agent  or  attor- 
ney, or  be  proved  by  other  evidence  ;  whereupon  such  Justice  of 
the  Peace  shall  issue  a  rule  m'  «/,  calling  upon  the  opposite  party 
to  show  cause,  if  any  he  has,  why  the  copy  should  not  be  estab- 
lished in  lieu  of  the  original  so  lost  or  destroyed ;  which  rule  shall 
be  served  upon  the  party  personally,  if  to  be  found,  ten  days  be- 
fore the  sitting  of  the  court  to  which  he  is  called  upon  to  show 
unie-how   cause,  bv  anv  Constai)le  of  the  State,  and  if  the  partv  is  not  to 

to  be  served.  .  .  ■>  ^  x         .. 

be  found  then  the  rule  may  be  published  in  a  public  gazette  oi 
this  State  for  one  month,  before  the  tinal  hearing  of  the  rule  ;  and 


PT.  3.— TIT.  14.— CHAP.  1.— Establishing  Lost  Papers.      743 

Article  5. — Eptahlishment  of  Lost  Papers  in  the  Justices'  Court. 

if  no  sufficient  cause  be  sliown.  the  Justice  shall  give  judgment 
establishing  the  copy  in  lieu  of  the  original  so  lost  or  destroyed : 
and  the  copy  so  established  shall  be  certified  to  by  the  Justice 
of  the  Court  in  which  it  was  established  and  shall  have  all  the 
force  and  effect  of  the  original. 

!^3895.  Executions  issued  from  the   Justices'  Courts  of  this  Alias  rsecu 

'^  .  tionslrom 

State,  when  lost  or  destroyed,  may  be  sui>iilied  by  an  alias  execu-  •lusti.cR 

'  ,/        7  t  1  V  ./  Court  iriflv 

tion,  to  be  issued  by  the  Justice  of  the  Peace,  under  the  same's*"'-- 
rules  and  regulations  as  those  which  prevail  In  the  Superior  Court 
'jri  the  subject  of  issuing  alias  executions. 


TITLE  XV. 

OF  I'ROCEKDING  TO  OBTAIN  PARTITION. 

Chaptf;ii  1.  Partition  of  land — how  obtained. 

CiiAi'TKK  2.  Partition  of  personal  property — how  obtained. 


CHAPTER  I. 

PARTITION  01-   LAND— now  OBTAINED. 

Article  1.  Where,  how  and  by  whom  application  must  be  made. 

Article  2.  Notice  to  parties — how  given  and  upon  whom  served. 

Article  3.  Of  issuing,  execution  and  return  of  writ  of  ])artition. 

Article  4.  l^efcnces — how  and  when  made. 

Article  5.  Of  the  judgment. 

Article  G.  Remedy  of  parties  absent  from  the  State. 


ARTICLE  I. 

AVHERI'l  HOW  AND  DV  WHOM  THE  APPLICATION  FOR  PARTITION 
MUST  BE  MADE. 

Section.  ',  Section. 

:i89G.  Procoediiiffs  to  obtain  partition.        '  3897.  By  wiioni  application  may  bo  made 


§  3896.  In  all  cases  where  two  or  more  persons  are  common  proci:o(iin;.'s 
owners  of  lands  and  tenements  in  this  State,  whether  ny  descent, 
purchase  or  otherwise,  and  no  provision  is  made  by  will  or  other- 
wise as  to  how  such  lands  and  tenements  are  to  be  divided,  any 
one  of  such  common  owners  maj  apply  to  the  Superior  Court  of 


744  PT.  3.— TIT.  15.— CHAP.  1. -Partition. 


Article  1. — Wliere,  how  and  b)'  whom  Application  must  be  made. 


the  county  in  wln'ch  such  lands  and  tenements  are  situated,  tor 
a  writ  of  i)artiti(»n,  whidi  application  shall  he  l»y  petition  setting 
forth  plainly  and  distinctly  the  facts  and  circumstances  of  the 
case,  describing  the  premises  to  l)e  partitioned  and  deiining  the 
share  and  interest  of  each  of  the  ])arties  therein. 
Application  §3897.  If  tlic  party  desiriug  the  writ  of  partition  be  of  full 
made.  age,  and  free  from  disability,  he  may  make  the  application  either 
in  person  or  by  his  agent  or  attorney  in  fact  or  at  law,  and  if  the 
application  is  for  the  benefit  of  a  minor,  a  hmiitic,fe/ne  covert  or 
cestui  que  trust,  it  may  be  made  by  the  guardian  of  such  minor 
or  lunatic,  by  the  hasband  of  such  feme  covert,  or  the  trustee  of 
of  such  cestui  que  trust,  as  the  case  may  be. 


ARTICLE  II. 

NOTICK  TO  TlIK  PARTIES— HOW  GIVEN  AND  ON  WHOM  SiCllVKD. 

SectiO!!  3898.  Twenty  days'  notice  of  tlio  npplication. 

Twenty  §3898.  Tlic  party  applying  for  the  writ  of  [lartition,  hliall  give 

.ays  no  ice.  ^^  ^j^^  othcr  parties  concerned  at  least  twenty  days'  notice  of  his 
intention  to  make  application,  and  if  any  of  such  other  parties 
concerned  be  a  minor,  a  \\\nnUv,  a  cest ui  que  trust  or  feme  ccjvert 
said  twenty  days'  notice  may  be  served  on  the  guardian  of  such 
minor  or  lunatic,  or  on  the  trustee  of  such  cestui  que  trust,  or  on 
the  husband  t>f  such /!'?«('  cocvrt.  and  if  any  of  the  parties  reside 
without  the  limits  of  this  State,  the  court  may  order  service  by 
seryiceby    publication,  as  in  its  iudjirment  is  riirht  in  each  case. 

publication.  ^  '  J       r>  o 


ARTICLE  III. 

OF  ISSUING.  EXECUTION  AND  RETURN  OK  THE  WRIT  OF  PARTITION. 

Section.  :  Section. 

3899.  Five  partitioutrs — how  appoinetd.]   3900.  Power  and  duty  of  partitioner.". 

Five  parti-  §3899.  When  the  application  for  partition  is  made,  and  when 
due  proof  is  made  that  the  notice  hereinbefore  required  has  l)een 
given,  the  court  shall  examine  the  petitioner's  title,  and  part 
or  share  of  the  premises  to  be  partitioned,  and  shall  thereupon 
pass  an  order  directing  the  Clerk  of  such  court  to  issue  a  writ 
of  partition,  framed  according  to  the  nature  of  the  case,  directed 
howlnor^^^  live  freeholders  of  the  county  in  which  the  lands  are  situated, 
the  county,   ^^^^^q  shs\\  cxecutc  and  return  the  writ  as  hereinafter  provided. 


PT.  3.— TIT.  15.— CHAP.  1.— Partition.  745 

Artiel<;  3. — Of  Ifsiiinpc,  Execution  and  Return  of  the  Writ  of  Partilioii. 
<i39nO,  The  nartitioners,   or  persons  to  whom   the  writ  is  di- Burvoyor  t<» 

'^  '  '  '  _  ^  be  selectt'd. 

rectefl,  sliall  luive  jiowcr  t<>  select  fi  surveyor  to  aiil   tliem   in   the 

•lischarc^e  of  tlieir  duties,  and  after  iJjivin:;  all  the  parties,  if  pos- 

siMe,  at  least  eii^ht  days'  notice  «>f  the  time  of  exeeutini:;  the  writ,  llou'^cl.''''^'' 

and  after  helni;  sworn  hefore  some  officer  authorized   by  law  to 

administer  such  oatii,  duly  and  impartially  to  execute  such  writ, 

the  said  i)artitioners,  or  a  majority  of  them,  shall  proceed  to  make 

a  just  and  equal  partition  and  division  of  all  such  lands  and  ten- 

....  ,  ,  iii'i.i       Lands— how 

ementp,  either  m  entire  tracts  or  parcels  as  they  shall  judge  to  be  divided, 
in  proportion  to  the  shares  claimed,  and  most  beneticial  to  the 
several  common  owners  of  said  lands  and  tenements,  according  to 
the  best  of  their  skill,  ability  and  knowledge,  and  they  shall  re- 
turn said  writ,  with  their  actings  and  doings  thereon,  under  their 
hands  and  seals,  to  the  said  Superior  (>onrt  within  three  months 
after  the  issuing  of  said  writ,  which  return  shall  be  iiled  and  kept 
by  the  said  Clerk  until  the  next  term  of  said  court  after  the  fil- 
injjr  of  the  same. 


APvTICLE  IV. 

DEFENCES— HO vY  AND  WIIEX  MADE. 
Skctiox  ;!»01.  Defences — how  and  when  mack-. 

§  3901.  At  the  term  of  the  court  when  the  application  is  made  Defences— 

,  ,,.,..  ,  Til-  wlien,  bv 

— or  at  the  term  next  after  said  })artitioners  have  made  tlieir  re-  whom  and 

,.     ,  1     ,.        1  1  •  1  h"^*'  road*. 

turn,  any  ot  the  deiendants  or  persons  concerned,  against  whom 
or  whose  right  or  title  a  judgment  is  sought  may  file  objections 
to  the  right  of  the  applicant  and  the  writ  of  partition,  or  to  the 
return  of  the  partitioners,  and  may,  by  way  of  defence,  show  any 
good  and  probable  matter  in  bar  of  the  partition  asked  for,  or 
may  show  that  the  demandant  has  not  title  to  so  much  as  is  al- 
lowed and  awarded  to  him  by  the  said  partitioners,  or  to  any 
part  of  the  land,  whereupon  an  issue  shall  be  made  up  and  tried 
by  a  special  jury,  as  in  ap])eal  cases. 


746  PT.  3.— TIT.  15.— CHAP.  1.— Partitiox. 


.irticle  5. — Of  tlie  Judgment. 


ARTICLE  V. 

OF  TUB  JUDCMKXT. 

Section".  iSkctiox. 

;;302.  Tlie  reluru  of  llie  p;ir;ilioncrR.       '  .'.OO.'i.  Titles  to  propertj- soW. 
.'i'JO.!.  If  Luuls  eaniiot  be  divided.  :!00iJ.  Capos  not  provided  for. 

:;90 1 .  Proceeds  of  sale — liow  dispcsed  of  i 

When  IV-        §3902.  If  iio  objection   l>e  lilcd   l>v   any  of  the  iiarties  to  the 

Inrn  shall  U'  /•     i  •'  •  •  <■   i      •     '     /•!      i      i        •  -i  .    , 

made  the  retum  oi  the  partitioiieis,  or  it  Iteiiiij  iile<l,  tlio  iiirv,  on  the  trial, 
snail  iiiia  a  verdict  against  the  party  setting  np  such  objections, 
the  said  return  of  the  partitioners  sliall  be  made  the  judgment 
of  tlie  court,  and  shall  be  final  and  conclusive  as  to  all  the  par- 
ties concerned  who  were  notilied  o\'  the  api»Hcuti(»n  for  partiti- 
tion,  and  of  the  time  of  executing  the  writ,  as  hereinbefore  re- 
quired, and  a  M-rit  of  possession  shall  issue  accordingly  ;  but  if  ob- 
jections t(»  said  returns  be  tiled  and  sustained  by  the  jury  trying 
the  case,  or  if  it  shall  appear  to  the  court  that  there  is   injustice 

titionniaT  <'i"  inequality  in  the  division  made  by  the  partitioners,  ^aid  court 
f^hall  award  a  new  partition,  to  be  made  in  the  presence  of  the 
parties  concerned,  (if  they  will  api)ear)  wdiich  second  partition, 
when  returned,  shall  be  linn,  good,  and  conclusive  forever  against 
all  parties  notified  as  aforesaid. 

niundsoan-      §  30o3.  AVhciiever  application  is  made  for  i)artition  of  lands 

notbcdi-  \  1  .     ,       . 

vidodthcy    auQ  tenements  as  herci" before  ))rovided  for,  and  either  of  the 

must  be  sold  ... 

parties  in  interest  shall  make  it  satisfactorily  appear  to  tlie  court 
that  ii  fair  and  equit.able  divisifui  of  the  lands  and  tenements 
cannot  be  made  by  means  of  metes  and  bounds,  by  reason  of  im- 
provements made  thereon,  or  by  reason  of  the  premises  being 
valuable  for  mining  purposes,  or  for  the  erection  of  mills  or  other 
machinery,  or  that  the  value  of  the  entire  lands  and  tenements 
will  be  depreciated  by  the  partition  applied  for,  then  and  in  that 
case  the  court  shall  order  a  sale  of  such  lands  and  tenements. 
Three suiHT-'^"^  ^^^^^^  appoint  tlirec  discreet  per.-ions  to  conduct  such  sale 
{^ntendentsixiun(3ei.  g^.^^  regulations,  and  upon  such  just  and  equitable  terms 
as  said  court  may  prescribe  ;  which  sale  shall  take  place  on  the 
first  Tuesday  in  the  month,  at  the  court-house  of  the  county  in 
which  the  land  is  situated,  after  an  advertisement  of  such  sale  in 

Thirty  dav  s  ■,  ■,.  „     ,  .      ^  .  ,.. 

notice.    •    some  public  gazette  of  this  State  for  at  least  thirty  days. 
Proceeds  of      §  390-i.  After  the  sale  of  any  lands  and  tenements,  as  provided 
disprsecTof.  for  ill  the  preceding  section,  the  commissioners  conducting  the 
sale  shall  return  their  proceedings  to  the  next  term  of  the  court 


FT.  3.— TIT.  15.— CHAP.  1.— Partition.  747 

Article  5. — Of  the  Jiidj^nient. 

ordering  sucli  sale,  at  wliicli  term  tlie  said  court  shall  order  the 
proceeds  of  the  sale  to  he  divided  Minung  the  several  claimants 
ratahl y  in  proportion  to  their  respective  interests  after  deduct- 
ing the  expenses  of  tlic  proceedings. 

§3905.  Upon  the  sale  of  lands  and  tenements  as  aforesaid,  the  xi tie  to 
parties  in  interest  shall  execute  a  title  to  the  purchaser,  and  if  any  Foul!^'^'^' 
(»f  them  fail  or  refuse  to  do  so,  the  said  commissioners,  so  appoint- 
ed as  aforesaid,  or  any  two  of  them,  shall  execute  a  deed  of  con- 
veyance to  said  lands  and  tenements  to  the  purchaser  at  sucli 
sale,  which  deed  shall  be  valid  and  binding  in  law  and  equity  as 
if  made  by  the  parties  themselves. 

ji  3900.  In  any  extraordinary  case,  not  covered  by  the  foregoing  cases  n<.t 
pi'ovisions,  the  court  may  frame  its  proceeding  and  order  so  as  to^"^"^ 
meet  the  exigency  of  the  case  without  forcing  the  parties  into  a 
conrt  of  equity,  and  the  court  may  deny  a  sale  or  partition  alto 
gethei",  if  it  is  manifest  tliat  the  interest  of  each  party  will  not 
be  fnlly  protected. 


mo- 
tion to  va- 


ARTICLE  VI. 

llKMl-;i)Y  OF  PARTY  ABSKXT,  UNDER  DISABILITY,  OR  NOT  NOTIFIED. 
Section'    .'^OOT.  Parties  laboriiip-  under  disabilities. 

1^3907.  AVhcn  lU'oceedings  have  been  instituted,  and  judgment  when 
111"  partition  had  thereon,  according  to  the  regulations  prescribed , .'a""  nwybe 
in  this  Code,  and  any  one  of  the  parties  in  interest  is  a  minor,  or™*^  ^ 
a  lunatic  who  has  no  guardian,  oris  absent  from  the  State  during 
such  proceeding,  or  has  not  been  notified  thereof,  such  minor  or 
lunatic  ma}',  within  twelve  months  after  coming  of  age,  or  res- 
toration of  mind,  or  having  a  guardian  appointed  ;  and  such  ab- 
sent or  unnotified  party  may,  at  any  time  within  twelve  months 
after  rendition  of  the  judgment,  move  the  court  to  set  aside  such 
judgnient  on  any  of  the  grounds  upon  which  a  party  notified 
and  free  from  disabilities  might  have  resisted  the  judgment  up- 
on the  hearing,  as  hereinbefore  authorized,  and  the  issue  shall  be 
tried,  and  the  subsequent  }>roi'eedings  shall  be  the  same  as  pointed 
out  in  cases  of  objections  filed  to  the  retm-n  of  the  partitioners 
'before  judgment ;  and  if  such  motion  to  set  aside  the  judgment 
be  not  made  within  the  time  aforesaid,  such  judgment  shall  be  as 
binding  and  conclusive  upon  such  minor,  lunatic,  absent  or  un- 
notified party,  as  if  he  had  been  notified,  present  or  free  from 


748 


PT.  3.— TIT.  15.— CHAP.  1. -Partition. 


Article  6. — Retnedy  of  Party  Absent,  &c. 
W    Therisht     (iis;il)ilitv.     Biit  ill  in)  event  shall  such  subsequent  proceediiio's  af- 

•f  thinl  i.lt-    .'.,,,  ,  ■  ^  '  " 

sons  pro-     ft'ct  tlie  title  ot  a  Oo/ta  fide:  purehasei"  under  a  sale  urdere<l  hv  tlie 

tecteU.  t^  I  -J 

court. 


CHAPTER  ir. 

PARTITION  OF  PERSONAL  PROPERTY— II 0\V  OBTAINED. 
Section'  39()S.  Personal  i)roi)ert3'  may  be  partitioned. 

Personal  §3908.  Application  maj  be  made,  and  partition  of  personal 

may  be  par  propcrtv  mav  be  obtained,  in  the  sarne  manner  and  under  the 

titioned.  ,       .  .,       n    .         i   •      /-,     i      ,.  ,        •     . 

same  regulations  as  are  prescribed  m  tins  Coae  tor  obtanimg  par- 
tition of  lands  and  tenements. 


TITLE  XVI. 

PROCEEDINGS  ON  APPLICATION  FOR  HABEAS  CORPUS. 


ClIAPTEIl  I. 

PROCEEDINGS  ON  APPLICATION  FOR  HABEAS  CORPUS. 


Seotio.v. 
;-{9{)9.  Habeas  corpus,  &c.,  may  issue. 

3910.  Application — how  made,  &c. 

3911.  IIow  verified,  and  to  whom  made. 

3912.  When  the  writ  must  be  granted. 

3913.  Form  of  the  writ. 

3914.  Return  day  of  tlie  writ. 

3915.  Service  of  the  writ 

391G.  Arrest  of  the  party  detained. 

3917.  What  time  return  must  be  made. 

3918.  Return  sworn  to — produc'n  of  body. 

3919.  Process  must  be  produced 

3920.  Return  must  state  tlie  transfer,  &c. 


Section'. 

3921.  A  majority  must  liear  tlie  return. 

3922.  Return  may  be  traversed. 

3923.  Attachment  for  disobedience. 

3924.  When  party  cannot  be  discharged. 

3925.  Wife  and  child  may  be  disposed  of. 

3926.  Defect  in  warrant,  &c. 

3927.  Powers  of  the  court  in  other  cases. 

3928.  Imprisoned  witnesses,  &c. 

3929.  Discretion  of  court  as  to  costs. 

3930.  Proceedings  to  be  recorded. 

3931.  Notice  of  the  hearing. 


When  writ  §  3909.  Any  person  restrained  of  his  liberty,  under  any  pretext 
oor/m/may  whatever,  in  this  State,  or  any  person  alleging  that  another  in 
whom  for  any  cause  he  is  interested  is  restrained  of  his  liberty,  or 
kept  illegally  from  the  custody  of  the  applicant,  may  sue  out  a 
writ  of  hdheas  corpiia^  to  inquire  into  the  legality  of  such  restraint. 
And  this  right  shall  be  suspended  or  denied  only  in  times  of  e.K- 
istiiig  war,  and  then  only  as  to  such  persons  as  shall  be  in  mili- 
tary continement. 


PT.  8.— TIT.  ir,.- Habeas  Corpus.  749 


Chapter  1. — Proceedings  on  Application  for  Habeas  Corpus. 


^3910.  Tlie  application  for  the  writ  shall   be  by  petition  in  Application 

.    .  -Ill  1 .  1  •  —now  made 

writinc:,  sio-ned  by  the  ai)])licant,  Ins  attorney  or  aa;ent,  or  some  and  what  to 

•      1^111.  Till  contain. 

other  person  in  his  behalf,  and  sliall  state — 

1.  The  name  or  description  of  the  person  whose  liberty  is 
restrained. 

2.  The  person  restraining;  the  mode  of  restraint  and  the  place 
of  detention  as  nearly  as  practicable. 

3.  The  cause  or  pretence  of  such  restraint,  and  if  under  pretext 
of  legal  process,  a  copy  of  such  process,  if  within  the  power  of  the 
applicant,  must  be  annexed  to  the  petition. 

4.  A  distinct  averment  of  the  alleged  illegality  in  the  restraint, 
or  other  reason  why  the  writ  of  haheas  corpus  is  sought. 

5.  A  prayer  for  the  writ  of  haheas  corpus. 

§  3911.  Such  petition  must  be  verified  by  the  oath  of  the  appli-  Application 
cant,  or  some  other  ])crson  in  his  behalf,  and  must  be  presented  m>d  a'lid  t"' 
to  the  Judge  of  the  Superior  Court,  if  within  the  county  of  the  al-  sln't^.'"^''" 
leged  illegal  detention,  or  in  his  absence,  to  any  Justice  of  In- 
ferior Court  of  such  county.    But  if  the  a|)pHcant  sees  proper,  he 
may  make  the  application  to  the  Judge  of  the  Superior  Court  of 
the  circuit,  wlio  may  order  the  party  restrained  of  his  liberty,  to 
be  brought  before  him,  from  any  county  in  his  circuit. 

§  3912.  If  upon  examination  of  such  petition  it  shall  not  appear  ^y,,,.„  ^j,^ 
to  such  Judge  or  Justice  that  such  restraint  of  liberty  is  legal,  "runteT'^* 
he  shall  grant  the  writ  of  haheas  corpus.,  requiring  the  person 
thus  restraining  the  liberty  of  another,  or  illegally  detainino-  an- 
other in  his  custody,  to  bring  such  person  before  him,  at  a  time 
and  place,  to  be  specified  in  the  writ,  for  the  purpose  of  an  ex- 
amination into  the  cause  of  such  detention. 

§  3913.  The  writ  of  haheas  corpus  may  be  substantially  as  fol-  Form  or  tho 
lows ;  that  is  to  say —  '^"'• 

State  of  Geokgia,  ) 

County.  \ 
To  A.  P,. 

"You  are  hereby  commanded  to  produce  the  body,  C.  D,,  al- 
leged to  be  illegally  detained  by  you,  together  with  tlie  cause  of 
such  detention,  before  me,  on  the       day  of  at  then  and 

there  to  be  disposed  of  as  the  law  directs." 

"Given  under  my  hand  and  ofhcial  signature,  this  the  day 
of  (Signed)  }r    y. 


750  PT.  3.— TIT.  16.— Habeas  Corpus. 

I  Chapter  1. — Proceedings  on  Application  lor  Habeas  Corpus. 

Retiun  day       §  3914.  The  retum  day  of  such  writ  shall  always  ]>e  within 

twenty  days  after  the  presentation  of  the  petition  therefor. 
How  and  b       §  3915.  Sucli  Writ  sliall  be  served,  by  delivering  a  copy  of  the 
writ'Va'^^be  s^^^^j  by  any  ofScer  authorized  to  make  a  return  of  any  process, 
served.        ^^  by  any  other  citizen,  and  the  entry  of  such  officer  or  the  affida- 
vit of  such  citizen,  shall  be  sufficient  evidence  of  such  service. 
The  person  serving  the  writ  shall  exhibit  the  original  if  required 
so  to  do.     If  personal  service  cannot  be  effected,  the  writ  may  be 
served  by  leaving  a  copy  at  the  house,  jail,  or  other  place    in 
which  the  party  in  whose  behalf  the  writ  issues  is  detained. 
When  and        §  391G.  If  witli  tlic  petition  there  shall   be  filed  the  affidavit  of 
ty  detalmd  the  applicant,  that  he  has  reason  to  apprehend  that  the  party  de- 
"sLd.'"''^'    taining  or  holding  the  otiier  in  custody  will   remove  him  beyond 
the  limits  of  the  county,  or  conceal  him  from  the  officers  of  the 
law,  su(di  Judge  or  Justice  granting  the  writ,  shall  at  the  same 
time  issue  his  precept  directed  to  the  Sheriff,  Deputy  Sheriff, 
Coroner  or  any  lawful  Constable  of  the  county,  requiring  them 
to  search  for  and  arrest  the  body  of  the  person  detained,  and  bring 
him  before  such  Judge  or  Justice  to  be  disposed  of  as  he  may 
direct. 
Within  what     §3917.  The  return  of  the  party  served  with  the  writ,  shall   be 
tuTnt'^tho'^  iii'^idc  at  the  time  and  place  speciiied ;  Provided,  two  days  from 
be"m.Sr'    the  time  of  service   shall   be   allowed,  for  every  twenty  miles 
which  such  party  has  to  travel  from  the  place  of  detention,  to 
the  place  appointed  for  the  hearing,  and  if  the  service  has  not 
been  made  a  sufficient  time  before  the  hearing,  to  cover  the  time 
allowed  in  this  section  to  reach  the  place  of  hearing,  such  return 
shall  be  made  within  the  time  so  allowed,  immediately  after  the 
service. 
Return  to  bo     §3918.  Evcry  return  to  a  writ  oi  haheas  corpus  shall  be  under 
&c. "  *""  '  oath,  and  if  the  custody  or  detention  of  the  party  in  whose  behalf 
the  writ  issues  be  admitted,  his  body  shall  be  produced,  unless 
prevented  by  Providential  cause,  or  prohibited  by  the  law  of  the 
land. 
When  pro-        §3919.  In  cvcry  case  where  the  detention  is  justified  under  le- 
prodmied.  ^  gal  process,  sucli  legal  proccss  sliall  be  produced  and  submitted 

to  the  Judge  or  Justices  at  the  hearing  of  the  return. 
Transfer  of       §3920.  If  the  rctum  denies  the  custody  or  detention  of  the 
mustlfe  sta- party,  it  shall  further  state,  distinctly,  the  latest  date  at  which  the 
ted  in  re-     ^.^^g^-Qj^y  ^^as  had,  aud  when  and  to  whom  transferred,  and  if  it 
shall  appear  that  such  transfer  of  custody  was  made  to  avoid  the 


turn 


« 


PT.  3.— TIT.  16.— Habeas  Corpus.  751 

Chapter  1. — Proceedings  an  Application  for  Habeas  Corpus. 

\vrit  of  habeas  corpus^  the  party  making  the  return  may  be  impris- 
oned in  the  discretion  of  tlie  Judge  or  Justices  hearing  the  same, 
until  the  body  of  the  party  kept  or  detained  shall  be  produced. 

§  3921.  If  the  writ  be  issued  by  a  Justice  of  the  Inferior  Court,  if  j.  i.  c.  i?- 
the  return  shall  be  heard  by  at  least  a  majority  of  the  Justices  of  who  must 

,  ...  he.irit. 

such  court. 

§  3922.  If  the  return  denies  any  of  the  material  facts  stated  Return  tra- 

1  ••  n  1  '  I'l'  •!  1       versed. 

m  the  petition,  or  alleges  others  upon  wJiicli  issue  is  taken,  the 
Judge  or  Justices  hearing  the  return,  may,  in  a  summary  man- 
ner, hear  testimony  as  to  such  issue,  and  to  that  end  may  compel 
the  attendance  of  witnesses,  the  production  of  papers,  or  may  ad- 
journ the  examination  of  the  question,  or  exercise  any  other  pow- 
er of  a  court  which  the  principles  of  justice  may  require. 

§  3923.  Any  person  disregarding  the  writ  of  habeas  corpus  in  Disobedi- 
any  manner  whatever,  shall  be  liable  to  attachment  for  contempt,  wHt-how 
issued  by  the  Judge  or  Justice  granting  the  writ,  under  which '"""^"^'" 
attachment  such  person  may  be  imprisoned  until  he  shall  comply 
with  the  legal  requirements  of  the  M-rit. 

§3921:.  No  person  shall  be  dischurged  upon  tlie  hearing  of  a  when  n  par- 
writ  of  haheas  corjnis  in  the  following  cases,  to  wit :  discharged, 

1.  Where  he  is  imprisoned  under  lawful  process,  issued  from 
a  court  of  competent  jurisdiction,  unless  in  cases  where  bail  is 
allowed  and  proper  bail  is  tendered. 

2.  When  the  return  is  heard  by  the  Justices  of  the  Inferior 
Court,  and  the  party  is  imprisoned  under  linal  process,  or  order 
issued  from  the  Superior  Court. 

3.  In  no  case  on  account  of  non-payment  of  jail  fees,  unless 
the  application  is  made  by  the  person  to  whom  the  fees  are  due, 
and  at  least  ten  days'  notice  has  been  given  to  the  person  from 
whom  the  fees  are  due,  his  agent  or  attorney,  ])rior  to  the  appli- 
cation for  the  writ. 

1.  By  reason  u'i  uny  irregvdarity  in  the  warrant  or  commit- 
ment, where  the  same  substantially  conforms  to  the  requirements 
of  this  Code — nor  for  want  of  bond  to  prosecute. 

5.  Where  the  party  is  imprisoned  under  a  bench  warrant  reg- 
ular upon  its  face. 

6.  By  reason  of  any  misnomer  in  the  warrant  or  commitment, 
where  the  court  is  satisfied  that  the  party  detained  is  the  party 
charged  with  the  otience. 

7.  Where  the  party  is  in  custody  for  a  contempt  of  court,  and 


752  I'T.  3.— TIT.  10.— Habeas  Corpus. 


Chapter  1. — Proceedings  on  Application  for  Habeas  Corpus. 


the  court  has  not  exceeded  its  jurisdiction  in  the  length  o+"  the 
imprisonment  imposed. 

8.  In  no  other  case  where  it  appears  that  the  detention  is  au- 
thorized by  law. 
How  wife  or     §3925.  In  Sill  WTits  of  kahecis  corpus  sued  out  on  account  ol' 
dispo^dV"  tlie  detention  of  a  wife  or  child,  the  court,  on  hearing  all  the  facts, 
may  exercise  its  discretion  as  to  whom  the  custody  of  such  wife 
or  child  shall  be  given,  and  shall  have  power  to  give  such  custody 
of  a  child  to  a  third  person. 
Nodis-  §3920.  If  the  party  is  detained  upon  a  criminal  charge,  and 

t^ila-m''    it  appears  to  the  court  that  there  is  probable  cause  for  his  deten- 
procce  '"§''•  ^Jqj^^  j^^  %\\vi\\  uot  bc  discharged  for  any  defect  in   the  affidavit, 
warrant,  or  commitment,  until  a  reasonable  time  has  been  given 
to  the  prosecutor  to  remedy  the  defect  by  u  new  proceeding,  if 
the  charge  is  for  an  offence  committed  in  another  State,  and  he 
is  arrested  on  suspicion,  he  shall  not  be  discharged  if  the  suspi- 
cion is  reasonable,  until  a  sufficient  time  be  given  for  a  demand 
to  be  made  on  the  Governor  for  his  rendition. 
Po<vcrsof         §  3927.  In  all  other  cases,  the  Judge  or  Justice  hearing  the  re- 
er cases."     tum  sliall  disclutrge,  remand  or  admit  the  party  to  bail,  or  de- 
liver him  to  the  custody  of  the  officer  or  person  entitled  thereto, 
as  the  principles  of  law  and  justice  may  require. 
uowimpris-      §  392S.  Any  Judge  of  the  Superior  Court  may  issue  his  order 
to  any  officer  having  any  person  in  his  custody,  lawfully  imijris- 
oned,  to  produce  such  person  l)efore  his  court  for  the  purpose  of 
giving  evidence  in  any  criminal  cause  pending  therein,  without 
any  formal  application  or  M-rit  of  habeas  corpus  for  that  purpose. 
Costs.  §3929.  The  Judge  or  Justices  hearing  the  return  to  a  writ  of 

habeas  corpus,  may,  in  their  discretion,  award  the  costs  of  the 
proceeding  against  either  party,  and  may  order  execution  to  issue 
therefor  by  the  Clerks  of  the  Superior  or  Inferior  Courts  resi)ec- 
tively. 
Proceedings      §  3930.  The  proceedings  in  all  cases  of  habeas  corpus  shall  be 
Sd.*'^'  returned  to  the  Clerk  of  the  Superior  or  Inferior  Court  of  the 
county  whose  Judge  or  Justices  may  have  heard  the  same,  and 
shall  be  by  such  Clerk  recorded,  as  in  other  cases,  for  which  he 
shall  receive  the  like  fees  as  in  other  cases  recorded  by  him. 
Notice  ofthe      §  3931.  If  tlic  pcrsou  is  detained  upon  a  criminal  charge,  and 
hearing.       ^^^^  SoHcitor  General  is  in  the  county,  he  shall  be  notified  of  the 
hearing  ;  if  he  is  not,  the  notice  shall  be  given  to  the  prosecutor. 


or  I'd  wit 
nesses  niiy 
be  brought 
up. 


FT.  3.— TIT.  17.— CHAP.  1.— Possessory  Warrajtis.         753 

Article  1. — By  whom  and  on  what  pounds  the  Warrant  may  issue. 

TITLE  XYII. 

POSSESSORY  WARRANTS  AND  PROCEEDINGS  THEREON. 


CHAPTER  I. 

POSSESSORY  WARRANTS  AND  THE  PROCEEDINGS  THEREON. 

Article  1.  By  whom  and  on  what  grounds  warrant  may  issue. 
Article  2.  How  tlie  warrant  must  be  executed  and  returned. 
Article  3.  The  trial,  judgment,  and  subsequent  proceedings. 


ARTICLE  I. 

13Y  WHOM  AND  ON  WHAT  GROUNDS  THE  WARRANT  MAY  ISSUE. 
Section  3932.  Who  may  ifsiie — grounda  of. 

§  3932.  Upon  complaint  being  made  on  oath  by  the  party  in-  Possessory 

•  J      1  .  •       /»  1  '  T     1  ,  ■warrant — by 

jured,  his  agent,  or  attorney  in  tact  or  at  law,  to  any  J  udge  oi  whom,  and 
the  Superior,  Justice  of  the  Inferior  Court,  or  Justice  of  the  grounds  is- 
Peace  of  the  county  in  which  the  property  in  controversy  may 
be,  that  any  negro  or  other  personal  chattel  has  been  taken,  en- 
ticed, or  carried  away,  either  by  fraud,  violence,  seduction,  or 
other  means  from  the  possession  of  the  party  complaining,  or 
that  such  negro  or  other  personal  chattel  having  recently  been 
in  the  quiet,  peaceal)le,  and  legally  acquired  possession  of 
such  complaining  party,  has  absconded  or  disappeared,  without 
his  consent,  and,  as  he  believes,  has  been  received,  harbored  or 
taken  possession  of  by  the  party  complained  against,  under  some 
pretended  claim,  and  without  lawful  warrant  or  authority,  and 
that  the  party  complaining  does  in  good  faith  claim  a  title  to,  or 
interest  in  the  negro  or  other  personal  chattel,  or  the  possession 
thereof,  it  shall  be  the  duty  of  such  Judge  or  Justice  to  issue  a 
warrant,  as  well  for  the  apprehension  of  the  party  against  whom 
the  complaint  is  made,  as  for  the  seizure  of  the  property  in  con- 
troversy, which  warrant  shall  be  directed  to  the  Sheriff,  his  dep- Si^ ^''*'" 
uty  or  any  lawful  Constable  of  the  county  aforesaid. 


48 


754 


p'p   3^ TIT.  17. — CHAP.  1. — Possessory  Wakkants. 


Article  2. How  the  "Warrant  must  be  Executed  and  Returned. 


Warant- 


AKTICLE  II. 

HOW  THE  WARRANT  MUST  BE  ICXECUTED  AND  RETURNED. 
Sectiok  3933.  Warrant— how  executed. 

S  8933  The  officer  in  whose  liancls  the  possessory  \varraiit  is 
how  esecu-  ^^j.^^g^j  g|^all  forthwith  proceed  to  apprehend  and  arrest  the  body 
of  the  defendant,  or  party  against  whom  the  warrant  is  issued, 
and  also  to  seize  the  property  described  in  the  warrant,  if  the 
same  are  to  be  found  in  his  county,  and  carry  the  said  defendant 
and  said  property,  together  with  the  warrant,  before  the  Judge 
or  Justice  issuing  the  same,  or  before  any  other  Judge  or  Jus- 
tice of  said  county. 


Trial 


Continuanc 


ARTICLE  III. 

THE  TRIAL.  JUDGMENT,  AND  SUBSEQUENT  PROCEEDINGS. 

Skction.  i  Section. 

393-i.  Hearhio— continuance.  1  3937.  Imprisonment  of  defendant. 

3935.  Issue— judgments,  &c.  !   3938.    Certiorari  and  trial  thereon. 

3936.  Bonds— where  returned.  |   3939.  Judgment  on  certiorari. 

§  3934.  The  Judge  or  Justice  before  whom  a  warrant  for  the 
restoration  of  personal  property  may  be  returned  shall,  if  the 
parties  are  ready,  proceed  with  the  hearing  forthwith ;  but  if  ei- 
tlier  of  the  parties  are  not  ready,  the  hearing  shall  be  postponed 
'"'"to  some  subsequent  time,  to  be  fixed  by  the  said  Judge  or  Jus- 
tice, so  as  to  allow  the  parties  a  reasonable  opportunity  to  pro- 
cure their  testimony,  and  at  the  same  time  to  insure  a  trial  with 
as  little  delay  as  possible. 

§  3935.  When  the  day  set  apart  for  the  trial  arrives,  the  Judge 
the^oniyTs-  or  Justice  shall  proceed  to  hear  evidence  as  to  the  question  of 
tried?         possession  in  a  summary  way,  without  investigating  the  title  to 
the  property,    and   shall   cause   the   property   to   be   delivered 
Tud-ment    to   the  party   from  whose  possession   the  same   was    violently 
or  fraudulently  taken  or    enticed  away,    or  from    whom    the 
same    absconded,  or    in    whose   peaceable   and    lawful   posses- 
sion it  last  was;  Provided,  such  party  shall   then  and  there 
suMessfui     enter    into   a  recognizance,   with   good   and    sufficient   securi- 
^*''^'         ty,  in    double    the    amount    of  the    value   of   such   property, 
and  the  hire  claimed,  if  any,  to  cause  the  said  property  to  be  pro- 
duced and  forthcoming  to  answer  any  judgment,  execution  or 


FT.  3.— TIT.  IT.— CHAP.  1.— Possespory  ^VARl^ANTs.         76^ 

Article  ?>. — Trial,  Judgment  and  Snbseqrient  Proceedings. 

'decree  that  may  be  liad,  issued  or  made  ujion  such  suitor  action. 
-at  Isivc  or  in  equity,  as  the  opposite  party  may  coninience  or  pros- 
ecute within  the  next  four  years  toucliing  the  same;  Provided ^fan&T(^%e. 
also,  that  "when  the  part3'  taking  out  the  warrant  shall  refuse  or tymay'^br'^ 
'fail  to  give  such  security,  then  the  Judge  or  Justice  may,  in  his  defendant ou 

bis  firivinfiT 

discretion,  deliver  over  the  property  to  the  opposite  part}''  uponi>o»d. 
his  entering  into  a  like  recognizance,  with   security  of  the  same 
nature  and  effect. 

§393G.  The  Judge  or  Justice  shall  return  any  recognizance  ta- Boud— 
'ken  as  provided  in  the  preceding  section  to  the  next  Superior  tlirned"^" 
Coiu't  of  the  count}'  where  the  same  is  taken,  to  be  transmitted  to 
the  court  where  any  suit  or  action  nuiy  be  commenced  touching' 
«aid  property,  and  the  securities  on  such  recognizance  shall  be 
bound  and  liable  for  the  eventual  condemnation  mone}'^  in  such 
-suit  or  action,  and  execution  shall  issue  against  them  in  the  same 
manner  as  against  security  on  appeals. 

3937.  Upon  the  return  of  a  possessory  Avarrant,  if  it  shall  ap-  DetendMit 
pear  that  the  officer  cannot  find,  or  was  unable  to  seize  the  prop-  tTrtLned- 
erty  described  in  the  warrant,  and  that  such  property  is  in  the 
possession,  power,  custody  or  control  of  the  defendant,  or  any 
agent  or  friend  of  his,  or  any  one  acting  for  or  intrusted  with  the 
same  for  him,  and  the  said  defendant  doth  not  produce  or  cause 
said  property  to  be  forthcoming  to  ])e  dealt  with  as  the  law  di- 
rects, and  as  the  judgment  of  the  said  Judge  or  Justice  awards, 
the  said  defendant  shall  be  committed  to  jail,  there  to  remain  in 
safe  and  close  custody  without  bail  or  main-prize  until  such 
property  shall  be  produced  or  forthcoming,  to  be  disposed  of  as 
aforesaid;  Provided,  always,  that  no  person  shall  be  so  commit- 
ted to  jail  for  such  failure  to  produce  property  if  he  can  satisfac- ^""''*"' 
toriiy  prove  to  the  Judge  or  Justice  trying  the  case,  that  such 
property  has  been  in  his  quiet  and  peaceable  possession  for  four 
years  next  immediately  preceding  the  issuing  of  the  said  warrant, 
but  upon  such  proof  being  made,  the  warrant  shall  be  dismissed  : 
And  2)rovided,  fuHher,  that  no  person  shall  be  imprisoned  as 
aforesaid  pending  an  application  for  a  certiorari  before  the  Supe- 
rior Court,  who  shall  give  bond  and  security  to  abide  bv  the  final 
decision  of  the  causci 

§  3938.  The  writ  of  certiorari  lies  to  every  decision  of  a  court  certiorari 
upon  a  possessory  warrant,  to  be  sued  Out  as  in  other  cases  ;  and  ment^oi"*^" 
upon  the  hearing  of  such  writ  in  the  Superior  Court,  if  the  liberty  wiS^^t"""^ 
of  the  party  is  endangered  by  the  decision  of  the  court  below  he 


756         PT  3  —TIT.  17.— CHAP.  1.— Possessory  Wakrants. 

Articles.— Trial,  Judgment  and  Subsequent  Proceedings. 


Judpnenl 


may  demand  a  trial  before  a  jury  empannelled  as  in  criminal  cases, 
upon  the  issue  of  fact  as  to  the  alleged  property  being  in  his  pos- 
session, power,  custody,  or  control,  or  that  of  his  agent,  fnend  or 
any  other  person  for  him,  and  the  verdict  of  such  jury  shall  be 
conclusive  on  the  question. 
........        8  3939.  Upon  hearing  the  mrtwrari  the  Judge  may  remand 

:e^£*r«H.     the  case  or  give  iinal  judgment  and  direction  therein  as  he  may 
see  fit. 

TITLE  XVIII. 

OF  PROCUKDINGS  ON  TRL\L  OF  CITIZENSHIP. 

CHAPTER  I. 

OF  THK  PROCEKDINGS  ON  THE  TRIAL  OF  CTriZENSHIP. 

a   ^nw  i  Section. 

'9T0    Citi.euBhii^how  disputed.  '   3943.  Evidence  of  the  plaint^. 

394i:  Any  citizen  may  be  made  party.  3944.  Damages-when  g.ven  to  defendant. 
3942.  Trial  and  judgment. 

8  3940    Every  citizen  of  this  State,  of  full  age  and  laboring  un- 
-"£rder  no  disability,  has  the  right  to  dispute  and  have  investigated 
^       by  process  of  law,  the  claim  to  citi.end.ip  set  up  by  any  othe. 
perLn  in  tl>e  following  n.anner,  to  wit:  He  shall  We  Ins  peUUon 
in  the  Superior  Court  of  the  county,  against  any  persou  resident 
tl.oreof,  who  may  claim  to  exercise  and  enjoy  the  rights  and  pri- 
vileges of  a  free  white  citizen,  of  this  State,  in  which  he  shall 
distinctly  allege  that  such  person  so  claiming  to  exercise  anden- 
x.i..»«on.   ioy  the  rights  and  privileges  aforesaid,  is  ot  mixed  blood  and  not 
i  free  wliite  citizen,  to  which  the  Clerk  of  said  court  shall  annex  a 
process,  and  a  copy  thereof  shall  be  served  on  the  defendant,  m 
■  he  manner  as  now  provided  for  in  cases  on  the  common  law  side 
of  said  court;  Provided,  that  before  filing  such  petition  the  per- 
son filing  the  same  shall  make  oath  that  the  facts  set  forth  in  such 
petition  are  true,  ac-cording  U,  the  best  of  his  knowledge  and 

belief 

S3941  Pending  anv  suit  as  provided  in  the  preceding  section, 
it  shall  be  lawful  for  a^y  white  citizen  to  make  himselt  a  party 
thereto,  and  prosecute  the  same,  subject  to  aU  the  habihties,  as 
though  he  had  commenced  such  suit. 


Process  scr 
Tioe. 


©ath 


Parti ««. 


Must  be  tvr» 
concurrent 


PT.  3.— TIT.  18.— Tkia].  of  Citizenship.  T57 

Chapter  1. — Proceedings  on  the  Trial  of  Citizenship. 

S  3942.  All  suits  instituted  as  provided  in  this  chapter,  shall  Tnai  by 
be  tried  by  a  special  jury  at  the  first  term  of  the  court  to  which 
the  same  may  be  returnable,  unless  continued  as  provided  by  this 
Code  in  cases  of  appeal ;  and  final  judgment  shall  not  be  render- 
ed, either  for  or  against  the  defendant,  until  tliere  shall  be  two 
concurring  verdicts,  as  in  cases  of  divorce,  as  provided  by  this  ^""-d'cts. 
Code  ;  and  the  final  judgment  so  rendered  shall  be  deemed  and 
held  by  all  the  courts  of  this  State,  as  conclusive  upon  the  rights 
and  privileges  of  said  defendant. 

§  3043.  On  the  trial  of  any  suit  instituted  by  the  authority  of  Eviden«e. 

this  chapter,  it  shall  be  lawful  for  the  plaintiff"  to  prove  that  the 

defendant  is  descended  from,  and  stands  in  the  third  degree  or 

veneration  to  him  or  her  who  was  or  is  not  a  free  white  citizen 
o 

of  this  State,  or  of  any  other  State  whose  constitution  and  laws 
tolerate  involuntary  slavery,  or  that  said  defendant  has  one-eighth 
of  negro  or  African  l)lood  in  his  or  her  veins. 

§  3944.  Upon  the  trial  of  the  case,  as  hereinbefore  provided,  Damages  for 
if  the  jury  should  be  of  opinion,  from  the  evidence,  that  the  pro-  ^  '""^*"*- 
ceeding  is  malicious  and  without  probable  cause,  they  may  find 
in  favor  of  the  defendant,  against  the  plaintiff",  such  damages  as 
they  may  deem  reasonable  and  just,  under  all  the  circumstances 
of  the  case ;  and  should  they  so  find,  one  verdict  shall  be  suffi- 
cient, and  said  defendant  may  enter  iudcjment  and  have  execu- one  rer<kct 

.  ./  •>       ^  suffloient. 

ftion  thereon,  as  m  other  cases  at  law. 


758  FT.  3:— TIT.  19:— GHAP.  l.—^vm  fob  Freedom. 


Article  1. — Preliminary  Proceedinj; 


TITLE  XIX. 

OF  PROCKHDINGS  IN  SUITS  FOR  FREEDOM. 


CHAPTEIl  I. 

PROCEEDINGS  IN  SUITS  FOR  FREEDOM. 


Aktk  i.K  1.  IVeliminary  proceedings. 
Articlp:  2.  Proceedings  on  tlie  triul. 


ARTICLE  L 

PH KLIMINART  PROCEEDINGS. 

Section.  .Sectjox. 

3945.  Aflidavlt,  bond  and  wniTiint.  |  3948.  Bond  of  fomplainant. 

.1946.  Hearing  before  the  Justice.  \  o94rt.  Return  of  the  proceeding. 

3947.  Bond  of  the  pretended  owner.  ! 

Affidavit         §  3045.  When  any  free  wliite  citizen  of  this  State  shall  appear- 
movsn?.  *  before  any  one  of  the  Justices  of  the  Inferior  Court  of  any  county 
in  this  State,  in  which  a  person  of  color  is  lield  in  slavery,  and' 
make  oath  that  lie  has  good  reason  to  lielieve,  and  does  believe^ 
that  such  person  of  color  is  free,  and  is  illegally  and  wrongfully 
held  in  slavery,  and  shall  also  give  bond  and  good  security,  pay- 
able to  the  pretended  owner  of  such  person  of  color,  in  a  sum 
equal  to  the  value  of  such  person  of  color,  conditioned  to  pay  all" 
damages  that  may  be  sustained  l)y  the  said  pretended  owner,  by 
reason  of  the  proceedings  to  try  the  (piestion  vt'  the  freedom  or 
slavery  of  such  person  of  color,  together  with  all  costs  that  may 
accrue  thereon,  in  the  event  that  it  shall  appear,  by  the  result  of 
the  trial  of  such  question,  that  such  person  of  color  is  not  enti- 
tled to  his  freedom,  and  is  a  slave,  it  shall  1)C  the  dutj^  of  such 
•Warrant.     Justice  of  the  Inferior  Court  to  issue  a  warrant,  directed  to  the 
Sheriif,  his  deputy,  or  any  Constable  of  said  county,  commanding 
them,  or  either  of  them,  forthwith  to  arrest  both  the  pretended 
owner  of  tlie  person  of  color,  and  the  person  of  color  himself,, 
and  bring  them  before  such  Justice,  to  the  end  that  inquiry  may 
be  had  into  the  facts  and  circumstances  of  the  case, 
iiamina-        §  394G.  If,  upou  a  full  examination  into  all  the  facts  and  cir- 
tiuTj^s'tkl  cumstances  of  the  case,  it  shall  appear  to  the  Justice  that  the  com- 
plaint is  unfounded,  tlie  warrant  shall  be  dismissed,  and  the  party 


PT.  3.— TIT.  19.— CHAP.  1.— Suits  for  Freedom.  759 


Article  1. — Preliminaiy  Proceedin,c:s. 


complained  against  shall  be  discharged,  and  permitted  to  retain 
the  custody  and  dominion  of  such  person  of  color ;  but  if,  upon 
such  examination,  said  justice  shall  be  satisfied  that  there  is  prob- 
able ground  to  believe  that  such  person  of  color  is  improperly 
and  illegally  held  in  such  state  of  slavery,  he  shall  give  judgment 
accordingly,  and  reduce  the  entire  examination  to  writing. 

§  3947.  If  the  examination  shall  satisfy  the  said  Justice  of  the  JJ^^^^^^^J^^l 
Inferior  Court  that  there  is  probable  ground  to  believe  that  such  ^^""^l^^^ 
person  of  color  is  improperly  and  illegally  held  in  a  state  of  slave- 
ry, he  shall  require  the  party  complained  against  to  enter  into 
bond,  with  two  or  more  good  securities,  payable  to  the  complain- 
ant, as  the  next  friend  of  such  person  of  color,  in  double  the 
amount  that  said  person  would  be  worth  if  a  slave,  conditioned 
that  such  person  of  color  shall  not  be  removed  beyond  the  limits  , 
of  this  8tate ;  and  that  said  person  of  color  shall  be  produced 
and  forthcoming  subject  to  the  order  of  the  court ;  and  that  the 
final  order  and  decree  of  the  court  shall  be  complied  with  in  any 
suit  that  may  be  prosecuted  for  the  freedom  of  said  person  of 
color. 

§3948.  If  the  party  complained  against  shall  fail  to  give  theFnii"'',''"!. 

"  _  I         J  r  o  o     ^  ^(IclendanttO 

bond  provided  for  in  the  preceding  section,  the  said  Justice  ot  gi'?<^  tond. 
the  Inferior  Court  shall  cause  the  said  person  of  color  to  be  de- 
livered to  the  party  making  the  affidavit  and  complaint,  upon  his 
giving  bond,  with  good  security,  payable  to  the  party  complained 
against,  in  a  sum  ecjual  to  what  said  person  of  color  would  be 
worth  if  he  were  a  slave,  conditioned  for  the  delivery  of  the  per- 
son of  color,  and  tlie  payment  of  his  hire  to  the  pretended  owner  ; 
Provided,  it  shall  a])pear  upon  the  trial  of  the  suit  for  freedom, 
that  such  person  is  a  slave,  and  is  not  illegally  held  in  slavery. 

§3949,  The  Justice  of  the  Inferior  Court  before  whom  the  proceedings 
same  are  had  and  taken,  sliall  return  the  affidavit,  warrant,  bond  cd  to supc- 

,  .  .  .  Till  T  i"'*"'  Oonrt. 

and  written  examination,  and  all  otlier  ]»apers  and  proceedings 
touching  the  same,  as  hereinbefore  provided  for,  to  the  Clerk  of 
the  Superior  Court  of  the  county  in  which  the  examination  and 
proceedings  are  had,  and  said  Clerk  shall  docket  the  case,  stating 
the  names  of  the  parties,  and  the  party  making  the  affidavit  shall 
he  plaintiff,  and  tlie  party  cliarged  with  holding  the  person  of 
color  in  slavery  illegally  f^hall  be  defendant. 


760 


PT.  3.— TIT.  19.— CHAP.  1.— Suits  fok  Freedom. 


Article  2. — Proceedings  on  the  Trial. 


ARTICLE  II. 

PROCEEDINGS  ON  THE  TRIAL. 


Section. 
:!050.  Petition  of  the  plaintifl'. 
3951.  Amendment  of  the  plendinps. 
.■'952.  Burden  of  proof — presumption. 
;?953.  Triiil  and  appeal. 


jSkctiok. 

3954.  Final  judgment. 

3955.  Expenses  of  next  friend— how  paid. 
:{9.jG.  Court  niav  frame  writ.  &o. 


What  the 
plaintiff 's 
petition 
most  con- 
tain. 


Pleadiucs 
may  be 
amcndctl 


Bardon  of 
proof  on  tbf 


wayfi  prc- 


§  3950.  AVhen  the  preliminai-j  pi-oceedings  arc  returned,  and 
the  case  docketed,  as  provided  in  tlie  first  article  of  tliis  chapter, 
the  plaintiff"  shall  file  his  petition,  scttinj;  forth  the  irronndsupon 
which  the  person  of  color  claim.-  his  right  of  frccd(»in,  and  said 
petition  shall  also  embody  the  facts  contained  in  the  preliminary 
examination  before  the  Justice  of  the  Inferior  Court,  and  the 
case  shall  stand  for  trial  as  other  cases  at  common  law. 

§  3951.  The  plaintiff  shall  l>e  at  liberty  to  assume  any  new 
grounds  in  his  ])etition,  and  the  pleadings  in  the  case  shall  be 
subject  to  amendment  under  the  same  rule,-  as  govern  in  other 
cases  in  the  Superior  Court. 

§  3952.  In  suit  for  freedom  the  burden  of  proof  shall  always 
plaintiff  and  lie  Oil  thc  plaiutift*,  and  it  shall  be  always  presumed   that  every 

slavery  nl-  ^  _  .       i  ... 

negi'o,  Indian,  mulatto  or  inustizoc.  (except  free  Indians  in  amity 
with  this  State,  and  negroes,  muKittoes,  and  mustizoes,  who  now 
are  or  may  hereafter  become  free)  is  a  slave,  unless  the  coiitrary 
can  be  made  to  appear. 

§3953.  The  issues  in  a  suit  for  freedom  shall  be  made  u[)  and 
tried  b}'  a  jui'v,  as  at  common  law  trials  in  other  cases,  and 
either  party  being  dissatisfied  Mith  the  verdict,  may  enter  an  ap- 
peal under  thc  rules  and  regulations  which  ])revail  in  other  cases, 
without  giving  bond  and  security,  or  making  affidavit  of  inabil- 
ity so  to  do. 

§  3954.  If  it  shall  appear  at  the  final  trial  of  such  case  that 
the  person  of  color  is  free,  thc  court  shall  order  him  to  be  set  at 
liberty,  and  a  guardian  to  be  appointed  for  him  according  to 
law.  and  the  court  shall  also  ^ive  iudfrmcnt  acrainst  the  defend- 
ant  for  damages  for  the  full  value  of  the  hire  and  services  of  such 
person  of  color,  during  the  time  he  was  illegally  held  in  slavery 
by  such  defendant,  unless  the  jury  trying  the  case  is  satisfied 
that  the  claim  of  the  defendant  was  hona  fide,  under  the  belief 
that  the  person  of  color  was  his  slave. 


Appeal  ai 
lowed. 


Final  judg- 
nMnt 


PT.  3.— TIT.  19.— CHAP.  1.— Suits  fok  Fkeedom.  761 

Article  2. — Proceedings  on  the  Trial. 


S  3055.  Tlic  nroclmii  ami  of  sncli  iierson  of  color  shall  be  liis  ETpensos of 

-^  /«    1       T    •  •         1  I  next  friend 

guardian  until  the  legitimate  expenses  ot  the  litigation  have  been -how  paid. 
repaid  to  him  by  the  labor  of  his  ward,  and  until  a  new  guardian 
is  appointed. 

§  3956.  If  any  case  sliould  arise  where  the  proceedings  author-  co„rt  may 
ized  by  this  Code  will  not  prove  an  efficient  remedy  for  a  free  &c!"*^  "^" 
person  of  color  held  in  bondage,  the  Superior  Court  shall  have 
power  to  frame  a  writ  and  mould  the  proceedings  to  meet  the  ex- 
igencies of  the  case. 


TITLE  XX. 

OF  THE  WRIT  OF  CERTJOHAh'I. 


CHAPTER  I. 

OF  THE  WRIT  OF  CERTIORARL 

Akticlk  1.  In  what  cases  the  writ  of  (ertiorari  lies. 
Article  2.  How  obtained,  and  proceeding  thereon. 
AKTir-LK  3.  Of  the  answer,  hearing,  judgment,  and  costs. 


ARTICLE  I. 

IX  WHAT  CASES  THE  WRIT  OF  CEUTJOliAin  J.IKS. 
Section  ;)957.  When  a  writ  rertiomrl  will  lie. 

§  3957.  The  writ  of  certiorari  will  lie  for  the  correction  of  er-  ^vllen  a  er- 
rors committed  by  the  Inferior  Court,  or  the  Justices  thereof,  Ue. 
•Justices  of  the  Peace,  Corporation  Courts,  or  Councils,  or  any 
inferior  judicatory  or  any  person  exercising  judicial  powers,  inclu- 
ding the  Ordinary,  except  in  cases  touching  the  probate  of  wills, 
^granting  letters  testamentary,  and  of  administration. 


762  FT.  3.— TIT.  20.— CHAP.  1.— Certiokaei. 


Article  2. — How  obtained  and  Proceedings  thereon. 


AETICLE  II. 

liOW  OBTAINKD,  AND  PROCEEDINGS  THEREON. 

Section.  Section. 

3958.  To  the  Inferior  or  Court  of  Or'nary.'  .1964.  AfTidavit  in  lie\i  of  bonds  and  costs. 

.3959.  Judge  may  prant  out  of  his  circuit.    .'{905.  Must  be  apphed  for  in  3  months. 

.3960.  Justices  and  otlier  inferior  judi't'r'.s!   3966.  Must  be  docketed  &  served  15  days.. 

;'.961.  Aflidavit  to  petition.  ,  3967.  Ten  days'  notice  to  adverse  party. 

3962.  Bond  &  security  nuist  be  given,  Ac.    3968.  Sliall  operate  as  a  supersedeas. 

3963.  Security  compelled  to  justify*. 

ivomthoin-      §3958.  AVlieii  eitlier  party  in  any  cause,  in  any  Inferiur  Court 

Court  of      or  Court  of  Ordinary,  sliall  take  exceptions  to  any  proceeding  or- 

Ordinary.     j(j(.jgjQu  jj^  ^ny  causc,  affcctiug  the  real  merits  of  such  cause,  the 

party  making  the  same  shall  offer  such  exceptions  in  writing, 

which  shall  he  signed  by  himself  or  his  attorney,  and  if  the  same 

shall  he  overruled   hy  the  court,  such  party  may  petition  the 

Judge  of  the  Superior  Court  for  a  writ  of  <-t'rti<>fiiri,  in  which 

petition  he  shall  plainly,  fully,  and  distinctly  .set  forth  the  errors 

complained  of,  and  if  such  Judge  shall  deem  the  objections  to  be- 

sufficient,  he  shall  forthwith  issue  a  writ  of  reft iorar!,  directed  to 

the  Clerk  of  such  Inferior  Court  or  to  the  ( )rdinary,  requiring 

Of  the  return  ^'^'^^  to  ccrtifv  aud  send  up  to  the  Superior  Court  at  the  time 

specified  in  said  writ  all  the  proceedings  in  said  cause. 
"VThcn  ju.Ilc      §3959.  No  Judgc  of  the  Superior  Court  shall  grant  or  issue 
out^if/'h^s     any  writ  of  crtiiora/u'  out  of  his  judicial  <'ircuit,  unless  there 
shall  be  a  vacancy  in  any  of  the  other  circuits,  «»r  the  Judge 
thereof  be    indisposed,  or  be  absent   therefrom,  so  that  the  busi- 
ness of  granting  cn'tlorai'is  cannot  be  speedily  done. 
For  .lusiics     §  3900.  AVhen  either  partv  in  anv  cause  in  a  Justices'  Court, 

and  other  iu-  . -  •         r^  /^  •^     "^  •'    i>     •  •      i-  i       • 

feriorjudi-  Oorporatioii  Court.  Council,  or  anv  interior  ludicatorv,  or  betore 
any  person  exercising  judicial  i)owers,  sliall  ]>e  dissatisned  with  the 
decision  or  judgment  in  such  cause,  such  party  may  apply  for 
and  obtain   a  writ    of  eertioi'arl  by   petition  to  the  Superior 

Must  bo  .  1.1  ..         1  iiii'.     1  11..         1  ., 

sanctioned  Coui't,  lu  which  pctitiou  lie  sliall  plainly  and  distinctly  set  torth 
the  errors  complained  of  And  on  such  petition  being  tiled  in 
the  office  of  the  Clerk  of  the  Superior  Court,  together  with  the 

^,  „,        bond  or  affidafit  as  hereinafter  provided,  it  shall  be  the  duty  of 

Shall  be  IS-  ••  ,        '  " 

.vudby       such  Clerk  to  issue  a  writ  <ji  certiorari ,  directed  to  the  Justice  of 

Clerk.  ^  '     _    _ 

the  Peace  of  the  district  where  the  decision  complained  of  was 
How  jiroc-  niade,  or  other  trilninal  c»r  person  whose  decision  or  judgment  is 
**^"  the  subject  matter  of  complaint,  requiring  such  Justice  of  the 


FT.  3.— TIT.  20.— CHAP.  1.— Certiorari.  763 


Article  2. — How  obtained  and  Proceedings  tliereon. 


Peace,  or  other  tribunal,  or  person,  to  certify  and  send  up  all  the 
proceedings  in  said  cause  to  the  Superior  Court  as  directed  in 
said  writ  of  certio/'a?n. 

§39(31,  No  writ  of  certiorari  shall  l)e  granted  or  issued,  (ex- -^ffiJavit  to. 
cept  to  the  Inferior  or  Court  of  Ordinary,)  unless  the  party  ap- 
plying for  the  same,  his  agent  or  attorney  shall  make  and  file 
with  his  petition  the  following  affidavit,  to  wit: 

Georgia,  ) 

County,  f 

I,  A.  B.,  do  solemnly  swear  that  the  petition  for  certiorari  is  Form  of. 
not  filed  in  the  case  for  the  purpose  of  delay  only,  and  I  verily  be- 
lieve I  have  good  cause  for  certiorari,  and  that  the  facts  stated 
in  the  foregoing  petition,  so  far  as  they  come  within  my  own 
knowledge  arc  true,  and  so  far  as  derived  from  the  knowledge  of 
others,  I  believe  them  to  be  true. 

Sworn  to  and  subscribed  before  me,  this  day  of 

18     . 

§3962.  Before  any  writ  oi  certiorari  shall  issue,  (except  as  Bond  and 
hereinafter  provided,)  the  party  applying  for  the  same,  his  agent  ^e^^Sn.^* 
or  attorney  shall  give  bond  and  good  security,  conditioned  to  pay 
the  adverse  party  in  the  cause  the  eventual  condemnation  money,  to- 
gether M'ith  all  future  costs,  and  shall  also  produce  a  certificate  from 
the  clerk  of  the  Inferior  Court,  or  the  officer  whose  decision  or  judg- 
ment is  the  subject  matter  of  complaint,  that  all  costs  which  may  costs  must 
have  accrued  on  the  trial  below  have  been  paid,  which  bond  and  ^'^  ^'"'^' ^^^ 
certificate  shall  be  filed  with  the  petition  for  certiorari,  and  the 
security  on  said  bond  shall  be  liable  as  securities  on  appeal. 

§  3963.  The  party  authorized  to  take  said  bond  and  security  security 
may  compel  the  security  tendered  to  justify  upon  oath,  and  such  TJustifT'^^ 
justification  shall  amount  to  such  sufficiency  as  to  exonerate  the 
party  taking  the  same  from  any  liability. 

§  3964.  If  the  party  applying  for  the  writ  of  certiorari  will  Aaidavit  m 
make  and  file  with  his  petition  an  affidavit  in  writing  that  he  isbon/ 
advised  and  believes  that  he  has  good  cause  for  certioraring  the 
proceedings  to  the  Superior  Court,  and  that  owing  to  his  poverty 
he  is  unable  to  pay  the  cost  and  give  security  as  required  in  the 
preceding  section,  such  affidavit  shall  in  every  respect  answer 
instead  of  the  certificate  and  bond  above  mentioned. 

§3965.  All  writs  oi  certiorari  shall  be  applied  for  within  three 
months  after  the  final  determination  of  the  case  in  which  the  er- 


764 


PT.  3.— TIT.  20.— CHAP.  1.— Certiokaki. 


Article  2. — Hew  obtained  and  Proceedings  thereon. 


Must  he  ap- 
plied for  in 
;?  monthb. 


Koturnablo 
to  next 
term. 

Must  be 
seryed  Ifi 
dnr*. 


Maj  be 
served  br 
yarty. 


Ten  days  nu 
tice  to'thc 
.adverse  par^ 
tr. 


^liall  ope- 
rate as  a  gu- 
rpersedens. 


ror  is  alleged  to  have  been  committed,  and  not  after  ;  and  shall  be 
made  returnable  to  the  next  Superior  Court  after  the  issuing  of 
the  same,  unless  said  Superior  Court  shall  sit  within  twenty  days 
after  the  issuing  of  said  writ,  in  which  case  said  writ  shall  be 
made  returnable  to  the  next  succeeding  Court. 

§  396G.  When  the  foregoing  provisions  have  been  complied 
with  and  the  writ  of  cerUorari  shall  have  been  issued,  the  Clerk 
of  the  Superior  Court  shall  place  the  same  on  the  certiora/ri 
docket,  whicli  writ,  together  with  the  petition,  shall  be. delivered 
to  the  party  to  whom  it  is  directed  by  the  party  applying  for  the 
certiorari,  his  agent  or  attorney,  or  the  Sheriif,  Deputy  Sherifi', 
or  any  Constable  at  least  fifteen  days  previous  to  the  court  to 
which  the  return  is  to  be  made. 

§  31)67.  The  plaintiff  iu  certiorar't  shall  cause  written  notice  to 
be  given  to  the  opposite  party  in  interest,  his  agent  or  attorney, 
of  the  sanction  of  the  writ  of  certiorari,  and  also  the  time  and 
place  of  hearing,  at  least  ten  days  lieforc  the  sitting  of  the  court 
to  which  the  same  shall  be  returnable,  and  in  default  of  such  no- 
tice, (unless  prevented  by  unavoidable  cause)  the  cert'u>rari'^\2^ 
be  dismissed. 

§3908.  The  Avrit  oi  crrtiorari,  when  granted,  shall  operate  a« 
a  supersedeas  of  the  judgment  until  the  final  hearing  in  the  Su- 
perior Court. 


ARTICLE  III. 

OF  THE  ANSWER,  HEARIXU.  JUDGMENT  AND  COSTS. 

Section  1.  Of  the  answer. 
Section  2.  Of  the  hearing. 
Section  3.  Of  the  judgment  and  costs. 


SECTIOX  I. 

OF  THE  AXSWEIv. 


Section'. 
3971.  Not  written  bj  interestod  party. 


Section*. 

3969.  Answer  filed  on  first  day. 

3970.  Exceptions  mnst  be  in  writing. 

S  3969.  The  answer  to  the  writ  of  c^rtwrari  shall  be  filed  on 

.VasTTfr  tiled         «^  i  i  i  •        i 

•on  first  day  the  first  day  of  the  term  to  which  it  is  returnable,  unless  further 

ofterm.  "^  /-.       n  i  n  •  • 

time  be  given,  and  shall  reply  specifically  to  the  allegations  in 
the  petition. 


FT.  3.— TIT.  20.— CHAP.  1.— ART.  3.— Ceetioraki.         765 


Section  1. — Of  the  Answer. 


§  3970.  Exceptions  to  the  answer  shall  be  filed  in  writinsr,  spe-  Exception* 

•  p    •  1         1    /»  1  •  1  i      •  1  ,    ""  to  answer. 

ciiying  the  detects,  and  notice  thereot  given  to  the  opposite  party 
before  the  case  is  called  in  its  order  for  hearing ;  and  if  such  ex- 
ceptions be  sustained,  the  answer  shall  be  perfected,  as  directed  now  ^ei- 
by  the  court. 

§  3971.  The  answer  shall  not  be  written  or  dictated  by  either  Must  not  be 

/.     1  •  1     .  1  .  ,  ■written  by 

01  the  parties,  or  their  attorneys,  or  any  other  person  interested  party  inter- 
in  the  cause,  and  if  made  after  the  party  making  the  same  has 
retired  from  olhce,  it  shall  be  verified  by  afiidavit. 


SECTION  II. 

OF  THE  HEARING. 

Shction.  I  Section. 

.3972.  Stands  for  trial — first  term.  3974.  Answer  u)ay  be  traversed. 

;}973.  Errors  must  be  pet  forth.  I 

§  3972.   Certiorari  causes  shall  stand  for  trial  at  the  return  stands  for 
terra,  and  the  Judge  shall  take  up  the  docket  and  dispose  of  the  tmu* 
same  in  its  order  unless  continued  for  good  cause. 

§  3973.  No  ground  of  error  shall  be  insisted  upon  on  the  hear-  Errors  mutt 

,  T  .    1     .  -...■,  />       1     .         1  tje  set  forth. 

mg,  which  IS  not  distincly  set  lorth  m  the  petition. 

§3974.  The  plaintiff  in  eertlorarl  may,  at  the  first  term,  and  Answer  may 
beiore  the  hearing,  traverse  the  truth  ot  the  answer  or  return,  at  arm  term. 
which  traverse  shall  be  in  writing,  specifying  the  portion  of  the 
answer  or  return  intended  to  be  controverted,  and  verified  by  af- 
fidavit, and  the  issue  formed  upon  such  traverse  shall  be  tried  by  xned  by 
a  special  jury  at  the  same  term,  unless  good  cause  is  shown  for  *'"'''**'  ^'^■^' 
a  continuance,  and  their  verdict  shall  be  final  as  to  the  facts, 
upon  which  the  court  shall  pronounce  the  law. 


SECTION  III. 

OF  THE  JUDGMENT  AND  COSTS. 

Section.  ^  iSeotioit. 

3975.  May  be  dismissed  or  returned.  3977.  Of  the  judgment  for  plaintifl". 

3976.  Damages  may  be  awarded.  j  3978.  Of  the  judgment  for  defendant 

§  3975.  Upon  the  hearing  of  the  writ  of  certiorate  the  Supe- 
rior Court  may  order  the  same  to  be  dismissed,  or  return  thenlffsL^ior**' 
name  to  the  coml  from  which  it  came,  with  instructions,  and  in '"' 
all  cases  when  the  error  complained  of  is  an  error  in  law  which 


C«rtioran 


766 


PT.  3.— TIT.  20.— CHAP.  1.— AET.  3.— Certiorari. 


Section  3. — Of  the  Judgment  and  Costs. 


eneiit  may 
?>e  given. 


Damage 
may  bo 
jjwanlec!. 


\i  the  cer- 
tiorari is  8U!' 
taincd,  juilg 
■Mifnt  for 
jilaintitJ. 


If  tlif  por- 
tiurari  i»dis 
missed  juds 
iiient  for  de 
■  tVndant. 


must  finally  govern  the  case,  and  the  court  shall  be  satisfied  there 
is  no  question  of  fact  involved,  which  makes  it  necessary  to  send 
the  case  back  for  a  new  hearing  before  the  tribunal  below,  it  shall 
be  the  duty  of  the  said  Judge  to  make  a  final  decision  in  said 
case  without  sending  it  back  to  the  tribunal  below. 

§  397G.  The  presiding  Judge  before  whom  any  writ  of  rcHio- 
rari  may  be  heard,  on  motion  of  the  opposite  party,  may  order 
that  damages,  not  more  than  twenty  per  cent.,  l>c  recovered  by 
the  defendant  against  the  plaintift'  in  certiorari  and  his  security, 
in  case  it  shall  be  made  to  appear  that  the  said  certiorari  was 
frivolous,  and  applied  for  without  good  cause,  or  for  the  purpose 
of  delay  only,  and  judgment  may  be  entered  u])  and  execution 
issued  accordingly. 

§  3077.  If,  on  the  hearing,  the  certiorari  shall  be  sustained, 
and  a  final  decision  thereon  shall  be  made  by  tlie  Superior  Court, 
the  plaintifi'  may  sign  up  judgment  for  the  amount  l)y  him  re- 
covered in  the  court  below,  and  the  costs  paid  to  obtain  the  cer- 
tiorari, and  also  the  costs  in  said  Superior  Court ;  but  if  tlie  cer- 
tiorari shall  be  returned  to  the  court  below  for  a  new  hearing, 
the  plaintifi"  shall  sign  up  judgment  for  the  costs  in  said  Superior 
Court  only,  leaving  the  costs  paid  to  obtain  the  certiorari  to  abide 
the  final  trial  below. 

§  3978.  If  the  certiorari  shall  be  dismissed,  and  a  final  decision 
made  in  the  cause  by  the  Superior  Court,  the  defendant  in  cer- 
tiorari  mav  sign  up  judgment  in  said  Superior  Court  against  the 
plaintift'  and  his  security  for  tlie  sum  recovered  by  him,  together 
with  the  costs  in  said  Superior  Court,  and  if  said  case  be  sent 
back  to  the  court  below,  and  there  be  a  judgment  in  said  case  in 
favor  of  said  defendant  in  the  court  below,  the  security  on  the 
certiorari  bond  shall  then  be  included  as  in  case  of  security  on 
appeal. 


PT.  3.-TIT.  21.-CIIAP.  ].-Trespa86ees. 


Article  1.— Proceedings  against  Intruders. 


TITLE  XXI. 

PROCEEDINGS  AGAINST  TRESPASSERS  OX  LAND  AXJ)  TENANTS  HOLD- 
ING OVER. 

■CiiAi'TEii  1.  Proceedings  against  intruders— tenant.^  holding  over. 
€jiai'tek  2.  Forcible  entry  and  detainej-. 


CIIAPTEP  I. 

PROCEEDIxNGS  AGAINST  INTRUDERS  ON  LAND  ANDTKNANTS  liuLDINCt 

OVER. 

Article  1.  Proceedings  against  intruders. 
Article  2.  Proceedings  against  tenants. 

ARTICLE  I. 

PROCEEDINGS  AGAINST  INTRUDE  HS. 
^^^'^'ON.  .Section. 

39V0.  Affidavit  of  land  owner.  ,   3981.  How  issue  .shall  ho  tried. 

3980.  Intruders  may  make  a  counter  affi't;   3982.  A  writ  of  possession  .shall  i.ssue. 

JATo    ^T^""^  ";-y;>^e^ected  from  tlie  possession  of  Lands  c...„. 
■and  tenements  in  the  following  manner  to  wit :    When  any  per-Sir/^do- 
son,  either  by  himself,  his  agent  or  attorney  in  fact,  shall  take  iSf  ^•' 
<nnd  subscribe  an  afhdavit  in  writing  before  any  officer  author- ''"'*"• 
ized  to  administer  an  oath,  setting  forth  that  lie  does  in  good 
laith  claim  the  right  of  possession  to  any  land  or  tenement,  (des- 
cribing the  same)  and  that  such  land  or  tenement  is  in  the  hands 
ot^  another  person,  ^naming  the  person)  who  does  not  in  c.ood 
laith  claim  a  right  to  such  possession,  and  yet  refuses  to  abandon 
the  sanie  ;  and  when  such  affidavit  shall  be  placed  in  the  hands 
of  the  Shenft  ot  the  county  where  the  land  or  tenement  is  situ- 
ated. It  shall  be  the  duty  of  such  Sheriff,  at  the  earliest  practica-  ^;'<;r-""«« 
ble  day,  to  exhibit  such  affidavit  to  the  person  described 'as  befn.  ' 

111  possession  of  such  land  or  tenement,  and  to  turn  such  person 
out  of  possession,  unless  the  person  so  in  possession  shall  at  once 
tender  to  the  Sheriff  a  counter  affidavit,  stating  that  he  does  in 
good  faith  claim  a  legal  right  to  the  possession  of  said  land  or 
tenement. 


768  PT.  3.— TIT.  21.— CHAP.  1.— Trespassers. 


Article  1. — Proceedings  against  Intruders. 


»heriff  must     8  3980.  The  Sheriff  shall  be  a  competent  officer  to  administer 

adminibter       ,  ,  i  •  •  •  i 

oath.  the  oath  to  the  person  in  possession,  in  case  he  tenders  the  coun- 

ter affidavit  provided  for  in  the  preceding  section. 

Where  afli-       8  3981.  If  a  counter  affidavit  be  tendered,  as  hereinbefore  pro- 
davit  shaii         "  rt«    1    n 
be  returne.i,  vided  for.  the  Sherift  shall  not  turn  the  ])arty  out  of  possession, 

and  issup  j.         ./  i  7 

^"^''i-  but  the  contending  parties  shall  be  remitted  to  their  respective 

rights,  and  tlie  Sheriff  shall  return  both  affidavits,  and  deposit 
them  in  the  ofKce  of  the  Clerk  of  the  Superior  Court  of  the 
county  in  which  the  land  lies,  upon  -which  an  issue  shall  be  made 
up  and  tried  by  a  jury,  according  to  tlie  laws  of  this  State. 
ifTerdioti-e  §3982.  If  thc  finding  of  the  jury  upon  the  trial  of  the  issue 
writof  i)os-  provided  for  in  the  precedinf;  6ectit)n  shall  be  fur  the  plaintiff,  or 

session  shall  1  r>  ^  i  7 

issue.         movant,  the  Clerk  shall  issue  upon  the  judgment  a  writ  of  ha- 
here  f  arias  possessionem  including  a  fieri  faciax  for  the  costs. 


AirnCLE  II. 

PROCEEDINGS  AGAINST  TENANTS. 

Skctio.v.  .Skctiok. 

:!98:5.  Affidavit  of  the  laudlord.  1   3986.  How  issue  Hliall  be  tried. 

:{984:.  Warrant  against  thc  tenant.  j  3987.  Judgment  .'tnd  \viit  of  posseKsiou. 

3985.  Tenant  may  arrest  proceedings.  \ 

Where  a  §  39S3.   In  all  cases  where  a  tenant  shall  huM   possession   of 

ove?,\c." '  *  lands  or  tenements,  over  and  beyond  the  term  for  which  the  same 
were  rented  or  leased  to  him,  and  in  all  cases  where  lands  or  ten- 
ements shall  be  held  and  occupied  by  any  tenant  at  will  or  suf- 
ferance, whether  under  contract  of  rent  or  not,  and  the  owner  of 
the  lands  or  tenements  shall  desire  the  possession  of  the  same, 
such  owner  may,  by  himself,  his  agent  or  attorney  in  fact,  or  at- 
torney at  law,  demand  the  possession  of  the  property  so  rented, 
leased,  held,  or  occupied,  and  if  the  tenant  refuses  or  omits  to  de- 
liver possession  when  so  demanded,  the  owner,  his  agent,  or  at- 
torne}'  at  law,  or  attorney  in  fact,  may  go  before  the  Judge  of 
the  Superior  Court,  or  any  one  of  the  Justices  of  the  Inferior 
Court,  or  any  Justice  of  the  Peace,  and  make  oath  of  the  facts. 
Warrant  §  3984.  Whcu  the  affidavit  provided  for  in  the  preceding  sec- 

forthrten-  tiou  shall  be  made,  the  officer  before  whom  it  is  made  shall  grant 
Ml  r«mov»  ^^^^  issue  a  warrant,  or  process,  directed  to  the  Sheriff  of  the 
v/  j     county  where  the  land  lies,  or  his  deputy,  commanding  and  re- 
*  J     quiring  him   to  deliver  to  the  owner,   or  his  representative,  full 


FT.  3.— TIT.  21.— CHAP.  1.— Trespassers.  769 

Article  2. — Proceedings  agaiust  Tenants. 


and  quiet  possession  of  the  lands  or  tenements  mentioned  in  the 
affidavit,  removing  the  tenant,  with  his  property  tbund  thereon, 
away  from  the  premises. 

§3985.  The  tenant  may  arrest  the  proceedings  and  prevent  Tenant  nMi> 
the  removal  of  himself  and  goods  from  the  land,  bv  declaring  on  ceedings  by 

^     ,  ,  .      *  ""  counter  aflB- 

oath  that  his  lease  or  term  ot  rent  has  not  expired,  and  that  he<i^vit. 

is  not  holding  possession  of  the  premises  over  and  heyond  his 

term  ;  or  that  he. does  not  hold  the  premises,  either  by  lease,  or    ^  '      ' ''  ^fh 

rent,  or  at  will,  or  by  sutferance,  or  otherwise,  from  the  person  i^  ,     f*7,*      - 

who  made  the  affidavit  on  which  the  warrant  issnedf  or  from  any 

one  under  whomhe  claims  the  premises,  or  from  any  one  (claiming 

the  premises  under  liim. 

§3986.  If  the  counter  affidavit  provided  for  in  the  preceding  isaue  tried 
section  is  made   and  delivered  to  the  Sheriff'  or  Deputy  Sheriff',  co^t^*"**'^ 
the  tenant  shall  not  be  removed  ;  but  such  Sheriff"  or  deputy  shall 
return  the  proceedings  to  the  next  Superior  Court  of  the  county 
where  the  land  lies,  and  the  fact  in  issue  shall   bo  there  tried  by 
a  special  jury  as  in  cases  of  appeal. 

§3987.  If  the  issue  specitied  in  the  preceding  section  shall  bei^^ubiorent 
determined  against  the  tenant,  judgment  shall  go  against  him  posarB^^on- 
for  double  the  rent  reserved  or  stipulated  to  be  paid;  or  if  he ^^''°" 
be  a  tenant  at  will  or  sufferance,  then   for  double  what  the  rent 
of  the  premises  are  shown  to  be  worth,  and  the  movant  or  plain- 
tiff shall  have  a  writ  of  possession,  and  be  by  the  Sheriff  placed 
in  full  possession  of  the  premises. 


CHAPTER  II. 

FORCIBLE  ENTRY  AND  DETAINER. 


SscnoN. 

3988.  Fact  to  bo  tried  by  jury. 

3989.  If  all  do  not  attend. 

3990.  Possession  and  force  submitted. 

3991.  Oath  of  jury. 


Section. 

3992.  Restitution  to  bo  made. 

3993.  Service  on  non-residents. 

3994.  No  bar  to  indictment. 


§  3988.  Any  one  or  more  Justice  of  the  Peace,  upon  complaint  j„etio*«w 
made  on  oath  of  any  entry  into  lands  or  tenements,  or  of  any  h7»%y^ 
forcible  detainer  of  the  same,  shall  have  power  to  draw  a  jury 
of  twelve  men  from  the  jury  box  of  the  district  in  which  the 
lands  and  tenements  so  alleged  to  be  forcibly  entered  or  detained 
are  situated,  and  cause  the  Sheriff  of  the  county,  or  the  Consta- 
ble of  the  district,  to  summon  them  to  be  and  appear  at  the  usual 

49  — 


k 


£^j/-^li."x^ 


770 


PT.  3.— TIT.  21.— Trespassers. 


Chapter  2. — Forcible  Entry  and  Detainer. 


IIow  sum- 
moned. 


Notice  to  dc 
f«ndant. 

If  all  the  .)u 
rors  do  not 
attend. 


Possession 
and  force  on- 
ly to  Via  Bub 
inittcd. 


O.ilh  of  jury 


Kebtitutioii 
fo  be  ninde. 


Kut  not 

a^nst 

3  years  poi>- 

session. 


^o^vlcc  ( 
non-resi- 
douts. 


No  bar  in 
indictment. 


place  of  holding  court  in  tho  said  district  on  a  certain  day,  to  be 
appointed  by  the  said  Justice  or  Justices,  for  the  purpose  of  tr}'- 
ins:  the  fact  of  such  forcible  entry  or  detainer.  And  the  said 
Justice  or  Justices  shall  also  issue  a  summons  to  be  directed  to 
the  person  or  persons  charged  with  such  forcible  entry  or  de- 
tainer, and  cause  the  same  to  be  served  on  him  by  the  Sheriff  or 
Constable  at  least  five  days  before  the  time  appointed  for  trial, 
requiriufj  him  to  ai>pear  and  defend  the  charge  alleged  against 
him. 

§3989.  If  all  the  jurors  should  not  attend,  or  if  there  should 
be  a  legal  objection  to  any  of  them,  then  the  Justice  or  Justices 
may  cause  tlie  jury  to  be  completed  l)y  talvs  jurors. 

§  3990.  Upon  the  trial  the  only  facts  which  the  jury  shall  in- 
quire into,  shall  be  the  possession  and  the  force,  but  they  shall 
have  no  power  to  inquire  into  the  merits  of  the  title  on  either 
side. 

§3991.  The  following  oath  shall  be  administered  to  the  jurors, 
viz:  '•  You  shall  well  and  truly  inquire  whether  A.  13.  has  made 
any  forcible  entry  into  the  lands  or  tenements  of  C.  D.,  and  him 
ejected  therefrom,  or  forcibly  detained  the  lands  or  tenements  of 
the  said  C.  I).,  and  a  true  verdict  give  according  to  the  facts  as 
they  may  appear  to  you  in  evidence.     So  help  you  God.'" 

§399J.  If  upon  the  trial  of  such  case  the  jury  shall  find  such 
forcible  entry  or  forcilde  detainer,  or  both,  then  the  said  Justice 
or  Justices  shall  give  judgment  accordingly,  atid  cause  the  Sher- 
iff to  make  restitution  of  possession  of  the  premises  to  the  party 
aggrieved  ;  Provided^  that  if  the  person  cliarged  with  such  for- 
cible entry  or  detainer,  or  those  under  whom  he  claims,  shall 
have  been  in  peaceable  possession  of  the  premises  for  the  space 
of  three  j'ears  or  more  as  aforesaid,  immediately  preceding  the 
date  of  such  warrant,  then  no  restitution  of  possession  shall  be 
made. 

§  3993.  If  the  defendant  charged  with  a  forcible  entry  or  de- 
tainer is  not  a  resident  of  the  county  where  the  land  or  tene- 
ment is  situated,  service  of  the  summons  may  nevertheless  be 
perfected  on  him  or  his  tenant,  by  the  Sheriff  or  Constable,  as 
though  he  resided  in  the  county. 

§  3994.  No  proceedings  under  the  provisions  of  this  chapter 
shall  exempt  any  person  guilty  of  a  forcible  entry  or  detainer 
from  indictment  and  punishment,  under  and  by  virtue  of  the 
provisions  in  this  Code. 


J 


FT.  3. — tiT.  22. — Abatement  of  Nusiances.  771 

Chapter  1. — Proceedings  for  the  Abatement  of  Nuisances. 

TITLE  XXII. 
procp:kdings  for  the  abatement  of  nuisances. 


CHAPTER  I. 

PROCEEDINGS  FOR  THE  ABATEMENT  OF  NUISANCES. 


.Section. 
:i995.  Nuisaiico — how  removed. 
;{996.  When  m  a  town  or  city. 
;^99T.  Notice  to  parties. 
3998.  When  it  is  a  grist  or  .saw  mill. 


Sectiox. 

3999.  Application — by  whom  made. 

4000.  Fees  of  Clerk — witness  and  jurors. 

4001.  Fees  of  the  Sheriff. 


§  3995,  Any  nuisance  which  tends  to  the  immediate  annoyance  „    ^ 

o  ^  ^  ^  J  May  be  re 

of  the  citizens  in  general,  is  manifestly  injurious  to  the  public  JJI^^J^*^- ='"'' 
Jiealth  and  safety,  or  tends  greatly  to  corrupt  the  manners  and 
morals  of  the  people,  may  be  abated  and  suppressed  by  the  order 
•of  any  two  or  more  Justices  of  the  Peace  of  the  county,  founded 
upon  the  opinion  of  twelve  freeholders  of  the  same  county,  who 
«hall  be  summoned,  sworn  and  empannelled  for  that  purpose ; 
which  order  shall  be  directed  to  and  served  by  the  Sheriff  of  the 
i-ounty,  or  his  Deputy. 

§  309G.  If  the  nuisance  complained  of  exists  in  a  town  or  city,  -whe,,  in 
under  the  government  of  a  Mayor,  Intendant,  Alderman,  War- ''*'^"  """'^' 
dens,  or  a  Common  Council,  or  Commissioners,  such  nuisance,  by 
and  with  the  advice  of  said  Aldermen,  Wardens,  Council,  or 
Commissioners  may  be  abated  and  removed  by  order  of  said 
Mayor,  Intendant,  or  Commissioners,  which  order  shall  be  direct- 
-ed  to  and  executed  by  the  Sheriff  or  the  Marshal  of  said  town 
or  city,  or  their  Deputy. 

§  3997.  Reasonable  notice  shall  be  given  to  the  parties  inter-  ^^^^^^^, 
ested  of  the  time  and  place  of  the  meeting  of  such  Justices  and 
freeholders,  or  of  such  Mayor,  Intendant  and  Alderman,  War- 
dens, Council,  or  Commissioners. 

§  399S.  If  the  nuisance  complained  of  is  a  grist  or  saw  mill,  or  (.^i^j  gg^,^ 
other  water  machinery  of  valuable  consideration,  the  same  shall  ""ter  ml-'" 
not  be  destroyed  or  abated  except  upon  the  affidavit  of  two  or  '=^'"''''>'- 
more  freeholders,  before  one  or  more  of  the  Justices  of  the  Infe- 
rior Court  of  the  county  in  which  the  nuisance  complained  of 
may  exist,  testifying  that  the  health  of  the  neighborhood,  accord- 
ing to  their  opinion  and  belief,  is  materially  injured  by  such  mill- 
'dam  or  other  obstruction  to  a  water  course  by  other  machinery 


rjfj2  ['T.  3. — TIT.  22. — Abatemeiti^  of  Nuisakces. 


Chapter  1. — Proceedings  for  the  Abatement  of  Nuisances. 


as  may  be  complained  of;  wliereupon  it  shall  be  the  duty  of  such 
Inferior  Court,  as  soon  as  practicable,  to  cause  a  jury  of  twelve 
d^*^I^°''  men  to  be  drawn  from  the  jury  box  of  the  Inferior  Court,  and 
summoned  by  the  Sheriff  or  his  Dci>uty  for  the  trial  of  the  cause, 
who,  together  with  tlie  said  court  shall  attend  at  the  court-house 
of  said  county  to  adjudge  the  cjisc  of  nuisance  complained  of  : 
and  all  parties  hhall  liave  a  reasonable  time  allowed  them  to  sum- 
mon their  witnesses  and  procure  their  attendance. 
By^hom        §39'J9.  A  public  nuisaucc  mav  be  abated  on  the  application 
ucTnTay't;  of  any  citizen  of  the  district,  and  a  ].rivate  nuisance  <.n  the  ap- 
°""^'^         plication  of  the  party  injured. 

F*cBof  th«  ^  4000.  When  it  may  become  necessary  for  the  Justice  of  the 
^^sL'ir-la  Inferior  Court,  or  other  tribunal  authorized  by  this  Code  so  to 
•'"^'  do,  to  cause  a  jury  to  be  summon(;d  and  empannelled  to  try  a  cause 

of  nuisance  arising  from  water-macliinery,  mill-dam,  or  other- 
wise, the  Clerk,  witnesses  and  jurors  shall  be  allowed  such  fees 
in  said  causes  as  arc  allowed  by  hiw  in  the  Inferior  Cowrts  of  this 
State. 
F»f.  fhr  §  4<^»^>1  •  The  Sheriff,  or  other  olRcer,  for  summoning  sucli  jury, 

.ummoninp  ^j^^^  receivc  tlic  suui  of  three  dollars,  and  when  acting  under  the 
order  of  said  Inferior  Court  or  other  tribunal,  bhall  remove  any 
nuisance,  machinery  or  mill-dams,  for  which  he  shall  be  allowed 
puch  fees  as  the  eourt  may  deem  reasonable  and  just. 


TITLE  XXII I. 

OF  INQUKSTS  AND  PROCKKUINCS  THKRKOH. 


CHAPTER  I. 

INQUKSTS  AND  PROCEKDINGS  THEREON. 

Srction.  |Sectiok. 

\o02.  .Tun— how  summoned.  |  4007.  Coroner's  charpe  to  the  ju.y,  &«. 

4003  refaullinjr  jurors  may  be  fined.  !  4008.  Witness— how  summoned.  &c. 

4004  Number  of  jurv.  ic.  \  4009.  Witness  may  be  recognized. 

4005.  Jury-how  sworn.  I  4010.  Inquests  lobe  returned  to  SuprCt. 

4006.  Oath  of  the  jury. 

„».rr  §  4^^"-*--  Whenever  a  Coroner  of  any  county  in  this  State  shall 

"*''''r    b'ue  notice  or  l>e  certilied  of  the  death  of  any  person  within  the 

snaimonuig  ^.^^^j^^  ^^^-  ^j^^  eouutv  of  which  hc  is  Coroucr,  occumug  under  cir- 

'"^  eumstances  which  make  it  his  duty,  under  the  laws  of  this  State. 


PT.  3.— TIT.  23.— Inquests.  773 

Chapter  1. — Inquests  and  proceedinps  thereon. 

to  hold  an  inquest,  lie  shall  make  out  a  precept,  directed  to  any 
Constable  of  the  county  where  the  dead  body  is  found  or  lying, 
requiring  him  to  summon  a  jury  of  inquest  composed  of  good 
and  lawful  men  of  such  county,  to  appear  before  such  Coroner 
at  the  time  and  place  mentioned  in  the  precept ;  which  precept 
may  be  in  the  form  following — that  is  to  say  : 

Statu  of  CIeOROIA,         (  Form  of  tb* 

County.  )  P^P*- 

To  any  lawful  Constable  of  said  county  greeting: 

"  You  are  required  immediately  to  summon  eighteen  good  and 
lawful  men  of  said  county  to  be  and  appear  before  me,  the  un- 
dersigned, Coroner  of  the  county  aforesaid,  at  in  said 
county,  on  the  day  of  at  o'clock  of  that  same  day, 
then  and  there  to  inquire  of,  do  and  execute  all  such  things  as  in 
behalf  of  the  State  shall  be  given  them  in  charge  touching  the 
deatli  of  (or  a  person  unknown,  as  the  case  may  be,) 
and  be  you  then  and  there  with  this  precept  to  certify  what  you 
have  done  in  the  premises,  and  further  to  do  whatsoever  else  may 
in  belialf  of  the  State,  be  enjoined  upon  you. 

"  Given  under  my  hand  and  seal  this  the         day  of 
in  the  year  of  our  Lord  ." 

Coroner,  [l.  s.J 

which  precept  shall  bo  forthwith  executed  by  the  Constable  in  constable  or 
whose  hands  it  may  be  placed;  and  if  the  services  of  a  Consta- ^uTm^^th* 
ble  cannot  be  coTiveniently  obtained,  the  Coroner  may  summon ■''"^' 
the  jury  himself. 

§4003.  Any  juror  failing  to  attend  and  serve  on  sucli  Coro- Defaulting 
uer's  inquest,  after  being  duly  summoned,  may  be  lined  by  thei^o^*' 
Ooroner  in  a  sum  not  exceeding  ten  dollars,  to  be  levied  and  col- 
lected by  execution  issued  by  the  Coroner,  unless  such  default- 
ing juror  shall  file  in  the  Clerk's  office  of  the  Inferior  Court  a 
good  and  sufficient  excuse  for  the  default,  to  be  judged  of  by  tlie 
next  Inferior  Court  held  thereafter. 

§4004.  Every   Coroner's  jury   shall  be  composed   of  twelve  jjumbcr  of 
jurors,  seven  of  whom  shall  be  (competent  to  return  a  verdict.      J"'"^'**- 

§4005.  The  following  oath  shall  be  administered  to  the  fore- oath  of  fore- 
man of  the  jury  by  the  Coroner,  to  wit :  ''  You,  as  foreman  of  theTiiry. 
inquest,  shall  diligently  inquire,  and  true  presentment  make,  on 
behalf  of  the  State  of  Georgia,,  how  and  in  what  manner  C.  D., 
(or  a  person  deceased,  unknown,  us  the  case  may  be,)  now  here 


774  PT.  3.— TIT.  28.— Inquests. 


Chapter  1. — Inquests  and  proceedings  tkereon. 


lying  dead,  came  to  liis  death,  and  of  such  other  matters  relating 
to  the  same  as  shall  be  lawfully  re(|uired  of  you  Weording  to  evi- 
dence," and  the  remainder  of  the  jury  in  convenient  numbers  at 
a  time  shall.be  sworn  by  the  Coroner  as  follows,  to  wit:  ''the- 
same  oath  which  the  foreman  of  this  in(juest  has  taken  on  hi& 
part,  you  and  each  of  you  shall  observe  and  keep  upon  your  part. 
So  help  you  God." 
Charge  of        S  400f).  The  Corouer  shall  charge  the  iurors  to  declare  of  the 

Coroner  nnd        '^  ir>  J 

j)owersoi  death  of  the  person  upon  whose  body  the  in<]uest  is  held,  whether 
such  person  died  by  murder,  manslaughter,  misadventure,  mis- 
fortune, accident,  or  otherwise ;  and  who,  and  when,  and  by  what 
means,  and  in  what  manner ;  and  if  by  murder,  who  were  prin- 
cipals and  whu  were  accessories ;  and  if  by  manslaughter,  who 
were  the>  perpetrators,  and  with  wliat  instrument  the  stroke  or 
wound  was  in  either  case  given  :  and  so  of  all  the  })revailing  cir- 
cumstances which  may  come  by  presumption.  And  if  by  misad- 
venture, misfortune,  accident,  or  otherwise,  whether  by  the  act 
of  God  or  man  ;  and  whether  by  hurt,  fall,  stroke,  drowning,  or 
in  any  other  way  ;  also  what  person  was  present  at  the  death ; 
also  from  wdience  the  deceased  came,  and  who  he  was,  and  who 
are  his  parents,  relations  and  neighbors ;  also  who  w^ere  the  find- 
ers of  the  hody ;  also  whether  he  died  in  the  same  place  the  body 
was  found  or  elsewhere;  and  if  elsewhere,  who  moved  the  body; 
and  also  of  all  the  circumstances  relating  to  said  death  ;  and  if 
the  deceased  died  in  prison,  the  Coroner  shall  further  charge  the 
jury  to  incpiire  whether  he  died  by  hard  usage  there  or  not,  and 
if  Bo  by  wlioju ;  and  if  the  deceased  put  an  end  to  his  life,  to  in- 
quire of  the  manner,  means  used,  or  instrument  employed,  and 
of  the  circumstances  concerning  it ;  and  the  jury  shall  have  full 
and  unrestricted  powers  to  inquire  and  pass  upon  all  the  matters 
and  things  thus  given  them  in  charge,  and  they  shall  have  this 
power  even  if  the  whole  or  a  part  of  the  charge  be  omitted. 
■\vitnosB—  §  4007.  The  Coroner  shall  have  full  power  to  issue  subpcenas- 
moned  and  to,  or  Otherwise  to  compel  the  attendance  of  witnesses  upon  such 
inquests,  to  declare  their  knowledge  touching  the  matters  of  in- 
quiry before  the  inquest,  and  the  Coroner  shall  administer  to  such 
witnesses  the  following  oath  to  wit :  ''  The  evidence  that  you 
shall  give  this  inquest  on  behalf  of  the  State  touching  the  death 
of  C.  D.,  (or  a  person  unknown,  as  the  case  may  be,)  shall  be  the 
truth,  the  whole  truth,  and  nothing  but  the  truth.  So  help  yon 
God." 


PT.  3.— TIT.  23.— Inquests.  775 


Chapter  1. — Inquests  and  proceediHgs  thereon. 


S4008.  If  the  inquest  discloses  facts  which  leader  may  lead  witnesses  to 

"^  ^  •'be  recoimiz- 

to  the  prosecution  of  any  person  for  the  homicide  ut  the  person  ^dto^appear 
upon  whose  Ijody  the  incpiest  is  held  it  shall  be  the  duty  of  the-'^'n'"- 
Coroner  to  require  all  witnesses  who  testify  to  facts  material  to 
the  issues  involved  in  such  prosecution,  to  enter  into  a  recogni- 
zance to  appear  and  give  evidence  in  tlie  Superior  Court  of  the 
county  in  wliich  the  inquest  is  taken,  against  the  defendant  in  such 
prosecution ;  and  shall  also  issue  a  warrant  for  the  arrest  of  the 
person  suspected  of  the  homicide  returnable  as  other  warrants. 

§  4009.  The  Coroner  shall  commit  to  writing  the  substance  of  {"ij"^;*^*"^. 
the  testimony  delivered  before  the  inquest,  and  shall  return  all  j.J^^^^,^^?';- 
the  papers  and  proceedings  touching  tlie  incpiisition  to  the  Supe- 
rior Court  of  tlie  county  in  which  it  is  taken,  held  next  after  such 
inquest. 

§4010.  If  the  verdict  of  the  jury  suggests  that  the  death  was 
caused  by  poison,  the  Coroner  shall  have  power  to  cause  an  ac- 
curate examination  of  the  contents  of  the  stomach  and  intes- 
tines, by  skillful  physicians,  and  the  reasonable  expenses  of  such 
examination  shall  be  paid  out  of  the  County  Treasury. 


TITLE  XXIV. 

PROCEEDINGS  IN  COURTS  OF  ORDINARY. 


CHAPTER  I. 

PROCEEDINGS  IN  COURTS  OF  ORDINARY. 

Article  1.  Sessions  and  adjournments  of  the  Court  of  Ordinary. 
Article  2.  Practice  in  the  Court  of  Ordinary. 


ARTICLE  I. 

SESSIONS  AND  ADJOURNMENTS  OF  THE  COURT  OF  ORDINARY. 

Section.  .Section. 

•lOU.  When  held.  I  40L'5.  May  be  adjourned. 

4012.  Office— where  kept.  i 

§4011.  The  several  Courts  of  Ordinary  shall  be  held  in  each  ^^^n  bew. 
county  in  this  State,  by  the  Ordinary  thereof,  on  the  tirst  Mon- 
day in  each  month  except  January,  in  which  it  shall  be  held  on 
the  second  Monday  thereof. 


776  PT.  3.— TIT.  24.— CHAP.  1.— CotiETs  of  Ordinary. 


Article  1. — Sessions  and  Adjournments  of  the  Court  of  Ordinary. 


"When  open. 


•oflace—  §  4012.  The  said  Ordinary  shall  keep  his  office  at  the  county 

site,  or  pucIi  otlier  place  as  may  be  authorized  bv  law ;  which 
office  shall  be  open  for  the  transaction  of  all  business,  at  all  times 
except  Sundays  and  holidays,  but  no  will  shall  be  admitted  to 
record,  or  letters  testamentary  of  administration  or  fcuardianship, 
or  letters  dismissory,  nor  shall  any  order  for  tlie  sale  of  real  es- 
tate or  negroes  be  granted,  except  at  a  regular  term  of  said  court. 

May  be  ad-       §4013.  If.  from  any  circumstance,  the  Ordinary  should  fail 

jonraed.  .  t 

to  hold  said  court  at  the  regular  term,  or  at  any  adjourned  term, 
or  the  business  of  the  court  requires  it,  said  Ordinary,  or  his  dep- 
uty clerk,  may  adjourn  said  court  to  such  times  as  he  may  think 
proper ;  ProridrJ,  such  adjournment  shall  be  entered  on  the 
minutes  of  the  court. 


ARTICLE  11. 

OF  THK  PIIACTICR  IN  THE  COURT  OF  ORDINARY. 

Sectiok.  Sectiox. 

4014.  ApplioUions  and  proceedings.         |  4018.  Minutes  of  proceedings, 

4015.  The  order — wliat  it  must  cout.iin.l  4011).  Docket  of  applications. 

401G.  Objections  nnist  be  in  writing.         I  4020.  Docket  of   executors  and  admVp. 
4017.  Proccedingis  must  be  filed.  '  4021.  May  attach  for  contempt. 

§4014.  Every  application  made  to  the  Ordinary  for  the  grant- 

Appiicaiions  ing  of  any  order,  shall  be  by  petition  in  writing,  stating  the 

writing.       grounds  of  sucli  application,  and  the  order  sought.     If  notice  of 

such  application,  other  than  by  publibhcd  citation,  is  necessary 

Notioo  of     under  the  law  or  in  the  judgment  of  the  Ordinary,  he  shall  cause 

^n^whom  a  copv  of  sucli  ap])lication,  together  with  a  notice  of  the  time  of 

made"        hearing,  to  be  served  by  the  Slicriif,  or  bnuic  lawful  officer,  upon 

the  party  or  parties  to  be  liotiiied.  at  lea-t  ten  days  before  the 

hearing,  and  an  entry  of  such  service  made  uji  tlic  original.     In 

extraordinary  cases,  where  it  is  necessary  to  act  before  such  notice 

can  be  given,  the  Ordinary  shall  so  direct  the  proceedings  as  to 

make  no  iinal  order  until  such  notice  has  been  given. 

Order-  §  4015.  Thc  Order  of  the  Ordinary  shall  always  recite  the  names 

•ontaia    "  of  thepcrsons  so  notified,  and  the  compliance  with  the  provisions 

required. 
Objections        §  4010.  All  objcctious  or  caveats  to  an  order  sought  shall  also 
iKriting. '"    be  in  writing,  setting  forth  the  grounds  of  such  caveat.     The  pe- 
tition and  caveat  shall  be  amendable  at  all  times  and  in  every 
particular. 


PT.  3. — TIT.  24. — CnAP.  1. — Courts  of  Ordinakt. 


777 


Article  2. — Of  the  Practice  in  tno  C5oiirt  of  Ordinary. 


§  4017.  The  proceedinp^s  shall  be  always  kept  of  file,  and  when-  r^w^  lug. 
ever  the  order  is  granted  the  proceedings  shall  be  recorded  in  a«i<^- 
^ook  to  be  kept  for  that  purpose,  for  which  the  Ordinary  shall  re- 
ceive the  same  fees  as  are  allowed  Clerks  of  the  Superior  Court 
for  similar  services. 

§401S.  The  Ordinary  shall  keep  a  regular  book  of  miiiutee  of^^^^^^^^^f 
the  proceedings  of  his  court,  on  which  he  shall  enter  all  the  ap- p'^<'^«""^- 
plications  refused  as  well  as  those  granted. 

^4019.  He  shall  keep  a  docket  of  all  applications  and  causes  Dockft  of 
pending  in   his  court,   which  shall  be  regularly  continued  trom 
term  to  term  until  the  final  disposition  thereof. 

§4020.  He  shall  also  keep  a  docket  of  all  the  executors,  ad-Boeket«r 
niinistrators,  guardians  and  trustees  who  are  liable  to  make  re- &o,'"'° 
turns  in  his  court,  with  regular  entries  of  their  returns,  and  of 
•such  as  have  failed  to  make  returns  as  required  by  law  and  the 
order  of  the  court. 

^4021.  The  Ordinary  shall  have  power  to  enforce  obedience  maj- attach 
to  all  lawtul  orders  ot  his  court,  by  attachment  tor  contempt,  in 
tlie  same  manner  as  a  court  of  equity  may  do. 


TITLE  XXV. 

PROGKEDINGS  OF  THK  INFRRIOR  COURT  STTTlNa  FOR   (BOUNTY   PUR- 

rOSKS. 


CHAPTER  I. 

PROCKP^DINGS  OF  THE  INFERIOR  COURT  SITTING  FOR  COUNTY  PUR- 
POSES. 

Arholk  1.  Sessions  and  adjournments. 
Aktiole  2.  Proceedings  therein. 


ARTICLE  I. 

SESSIONS  AND  ADJOURNMENTS. 


'Section. 
4022.  When  held,  and  by  whom. 
•4023.  May  adjourn. 
-4024.  May  hold  special  meotingn. 


Section. 

4025.  Sheriff  shall  attend. 

4026.  The  Clerk  and  his  duty. 

4027.  Jurisdiction  of  said  Court. 


§  4022.  The  Justices  of  the  Inferior  Court  (or  a  majority  of 


778  PT.  3.— TIT.  25.— CHAP.  1.— Inferior  Courts. 

Article  1. — Sessions  and  Adjoxirnments. 


By  whom,    tiiem.)  in  tlie  several  counties  in  this  State,  shall  meet  at  the 

and  when,  ,  ,     ••      . 

and  where  coiirt-lioiise  ot  their  respective  counties  on  the  first  Tuesday  in 
every  month,  for  tlie  purpose  of  heariii*^  such  matters  as  may  be 
brought  before  them  within  their  jurisdiction,  and  when  soassem- 
led  and  organized,  they  shall  he  known  as  the  Inferior  Court  sit- 
ting for  county  purposes. 

May  adjourn  g  4023.  Such  court  may  adjourn  to  sucli  other  time  as  will  Ijest 
promote  the  ends  of  justice. 

Special  moo-      §4024.  Auv  ouc  of  Said  Justices  may  call  a  si^ecial  nieetinir  of 

ting.  -J  .  ^  I  f? 

said  court  tor  county  purposes,  at  any  time  when  the  ends  of 
justice  may  require  such  meeting,  and  in  sucli  case  the  Justice 
making  the  call  shall   notify  the  other  Justices  of  the  time  of 
such  meeting. 
Thesboriff       §4025.  The  Sheriff  of  the  county  shall  attend  all  meetings  of 

shall  attend.       .  ,  ,  ....  i  i  i  • 

said  court,  wlien  sitting  tor  county  ]>urposes,  and  no  surtject  to 

the  order  thereof,  in  like  manner  as  he  is  to  the  Inferior  Court. 
Theoi^k.        §4026.  The  Clerk  of  the  Inferior  Court  shall  by  virtue  of  hia 

office  be  clerk  of  said  court  when  sitting  for  ctiunty  purposes* 

and  subject  to  the  order  thereof. 
Jurisdiction.      §4027.  Said  court  may  hear  and  determine  all  matters  over 

which  the  law  gives  the  Justices  jurisdiction,  and  which  is  not 

required  to  be  licard  and  determined  by  the  Inferior  Court  u\ 

term  time. 


ARTICLE  II. 

PROCEEDINGS  THEREIN. 

Section.  Section. 

4028.  Application  to  said  court.  4032.  Jury  fees  when  paid  to  Treasurer 

4029.  Docket  must  be  kept.  4033.  May  punish  contempts. 

4030.  Notice  of  proceedings.  ,  4034.  Amendments. 

4031.  Minutes  of  proceedings. 

Petitioner       §4028.    All   applications  for  proceedings  before  the  Inferior 

application      _  ,      .  ,.  i      ii   i      "i  .•^'         •  -j.' 

muBtbcin    Court  Sitting  lor  county  purposes  shall  be  by  petition  in  writing, 
^'  °^'       which  shall  plainly  and  distinctly  set  forth  the  grounds  of  the  pro- 
ceedings desired,  and  in  like  manner,  all  objections  to  said  pro- 
ceedings shall  be  in  writing,  which  shall  fully  set  forth  the  grounds 
of  objection. 


PT.  3.— TIT.  25.— CHAP.  1.— Infeeiok  Courts.  779 


Article  2. — Proceeding's  therein. 


§  4029.  Said  court  shall  cause  a  docket  to  be  kept,  in  which  Docket  must 
shall  be  entered  all  motions  and  applications,  which  shall  be  cal- 
led and  disposed  of  in  the  order  in  which  they  stand  upon  the 
docket,  unless  the  ends  of  justice  require  a  different  course. 

§  4030.  "When  individuals  are  to  be  affected  by  any  order,  or  xotice  of 

"  Iiroceedings. 

judgment  of  said  court,  such  individuals  shall  have  reasonable  no- 
tice of  the  time  and  place  of  hearing. 

§4031.  Said  court  shall  cause  to  be  kept  a  minute  of  its  pro- ^linutcs  or 

f  -^  -^  proceedings. 

ceedings. 

§  4032.  For  each  decree  or  verdict,  whether  in  the  Superior  or  .lury  fees— 

li'tw  collect.* 

Inferior  Court,  the  jury  fee  shall  be  three  dollars,  and  for  each  con-  ed  and  dis- 
fession  of  judgment,  one  dollar,  to  be  taxed  in  the  bill  of  cost  and 
collected  as  provided  in  Part  3,  Title  7,  Chapter  1,  Article  2  ;  and 
if  the  Justices  of  the  Inferior  Court,  should  assess  and  raise  a  tax  for 
the  compensation  of  grand  and  petit  jurors,  and  fix  their  per  diem 
pay,  as  provided  in  section  384G,  then  the  said  tax  and  jury  fees, 
when  collected,  shall  be  paid  into  the  County  Treasuries  respect- 
ively. But  in  the  event  the  Justices  of  the  Inferior  Court  of  any 
county  should  fail  to  assess  a  tax  and  fix  the  per  diem  pay  of  the 
grand  and  petit  jurors  as  above  specified,  then  the  jury  fees  in 
such  county  shall  be  paid  by  plaintiffs,  complainants,  and  appel- 
lants, directly  to  the  Clerk,  and  by  him  to  the  juries  under  the 
direction  of  the  court. 

S  4033.  The  said  court  shall  have  power  to  punish  for  contempts,  contempts 
^  ^  ^  it\p    —now  pun- 

under  the  same  rules  and  regulations  as  are  provided  for  the  Infe-  is^ed. 

rior  Courts. 

§  4034.   Amendments  shall  l)e  allowed  as   provided  in  other  Amend- 
ments, 
courts. 

Note — As  to  other  powers  aud  duties  of  the  Justices  of  tlio  Inferior  Court,  see 
Part  1,  Title  5,  Chapter  4,  Article  1,  and  Part  1,  Title  6,  Chapters  1,  2,  and  3. 


780 


FT.  3.— TIT.  26.— CHAP.  1.— Justices'  Courts. 


Article  1. — Justices'  Courts — when  and  where  held. 


TITLE  XXVI. 

OF  PROCEEDINGS  IX  JUSTICES'  COURTS. 


Akticlk 

1. 

Artici.i: 

2. 

Article 

3. 

Articlic 

4. 

Aeticlk 

5. 

Articlk 

6. 

Artici>e 

7. 

Artici.k 

s. 

Article 

9. 

Article 

10. 

Article  11. 

CHAPTER  I. 

OF  PROCEEDINGS  IX  JUSTICES'  COURTS. 

Justices'  Court  wlicn  .ind  where  liuld. 

Jurisdiction  of  Justices'  Court. 

Commencement  of  suits — service  of  summons. 

Pleas  and  defences. 

Evidence — witnesses — interrogatories. 

Trial  and  judgment. 

Appeals. 

Claims  and  trial  thereof. 

Final  judgment  and  e.\ecution. 

Justices'  Courts  may  rule  Constables,  <fec. 

Levy  and  sale  under  Ji.fa-i*.  from  a  Justices'  Court. 


ARTICLE  L 

.roSTICES*  COURT— WHEN  ^VND  WIIKRK  HELD. 


Section. 
4035.  When  hold. 


[Section. 
4036.  Whore  held. 


4k>art — 
TrhoQ  bold. 


^cro  bold. 


§  4035.  The  Justices'  Courts  of  this  State  shall  be  hold  once  a 
month  in  each  militia  or  company  district,  on  a  day  to  be  fixed 
and  appointed  by  the  Justices  of  the  Peace  of  the  district;  and 
whenever  the  business  requires  it,  the  term  may  continue  for  two 
or  more  days. 

§403G.  The  Justices'  Court  shall  be  held  at  a  place  in  each 
militia  district  as  nearly  central  as  convenience  will  admit. 


FT.  3.— TIT.  26.— CHAP.  1.— Jubtices'  CoTre-re.  781 


Article  2. — Jurisdiction  of  the  Justices'  Court 


AETICLE  II. 

JURISDICTION  OF  THK  JUSTICES'  COURT. 


8BCT10S. 

4037.  Shall  not  trj  actions  for  damages. 

4038.  Notes  for  the  same  consideratiou. 

4039.  Jurisdiction  as  to  amount. 


Section. 

4041 .  Co-obligors  in  different  districts,  Ac 

4042.  Justice  being  a  party — how  sued. 

4043.  When  suit  is  in  adjoining  district. 


■annot  trv 


4040.  Ilesidence  necessary  for  jurisdiction]  4044.  Maker  and  endorser — how  sued. 
§  4037.  Tlie  Justices'  Court  shall  try  no  actiou  to  recover  dam-e, 

A(rpa,  cases  for 

§4038.  The  Justices'  Court  shall  have  jurisdictioiv  of  all  euits gnus on 8e-»- 
brought  on  two  or  more  promissory  notes  or  other  evidences  of Mm«d^bfc"' 
debt  not  exceeding  fifty  dollars  each,  although  given  between  the 
same  parties,  for  one  and  the  same  debt  or  consideration. 

§4039.  The  Justices'  Court  shall  have  jurisdiction  to  hear  andp„iu„ot 
determine  all  suits  on  promissory  notes,  accounts,  due  bills,  and  doiiarTprm- 
other  evidences  of  debt,  where  the  principal  sum  sued  for  does  '^^^ 
not  exceed  fifty  dollars, 

§  4040.  Ten  days  residence  of  a  party  within  a  Militia  District  Ten  day« 
shall  be  sufiicient  to  give  the  Justices'  Court  of  such  district  juris-  piTe8*^jur»- 
diction  of  suits  against  him. 

.jg4041.  AVlien  a  bond,  note,  bill,  open   account,  or  other  evi- (Vot.iipo« 
dence  of  debt  shall  be  against  several  persons  residing  in  differ-  ?her  uiBtri'.t 
ent  counties  or  districts,  the  pi aintifiT shall  have  his  option  to  bring 
suit  on  such  demand  in  either  of  such  counties  or  districts. 

§  4042.  In  all  cases  in  which  a  Justice  of  the  Peace  is  a  i^arty,  ir  j.  p.  u. » 
the  suit  may  be  brought  in  the  Justices'  Court  nearest  to  the  res-^*"^" 
idence  of  the  defendant  in  the  county,  or  in  the  district  where 
the  defendant  resides,  at  the  option  of  the  plaintiff. 

§  4043.  In  cases  provided  for  in  section  4042,  the  Justice  of  the  men  aa- 
Peace  in  the  adjoining  district  may  issue  summons,   and  pro-tricthas^jt- 
eeed  against  the  defendant  in  the  same  manner  as  if  the  defen- ''*''''''^'"'' 
dant  were  a  resident  of  such  adjoining  district. 

§4044.  The  maker  and  endorser  of  a  promissory  note  or  other  g,,,^,,. 
evidence  of  debt,  not  exceeding  fifty  dollars  principal,   may  bern'ilTs""! 
sued  in  the  district  of  the  maker's  residence,  and  the  endorser  of  maker''** 
may  be  served  with  process  in  the  same  manner  as  that  prescrib- 
ed in  the  case  of  ioint  contractors. 


782 


PT.  3.— TIT.  26.— CHAP.  1.— Justices'  Coukts. 


Article  3. — Commencement  of  Suits,  Service,  &c. 


ARTICLE  III. 

COMMEXCEMENT  OF  SUITS,  SERVICE,  &c. 

Section.  ISectiox. 

4045.  Sinimious — how  issued  and  direct'd,  4051.  Proceedings  uniform. 

404G.  Must  specify  time  and  place.  4052.  Appearance  term  of  cases. 

4047.  Must  be  served  nine  days  before  c't.  I  405;'.  Bail  in  Ju.stices' Courts. 

4048.  "Who  may  serve  ilic  summons.        ■  4054.  Parties  may  .settle  cases. 

4049.  Wliat  oflifcr  may  servo  co-obligors..  4055.  Justices  and  Constables  give  receipt 

4050.  How  summon'^  is  to  be  returned. 


SuminoiiB — 
how  issued 
and  Bi?n«d. 


Tlino  and 
itlace  inuM 
be  6i)i'cilU'(i. 

Summons- 
how  and 
whero  sort- 
ed. 


Who  mn.T 
^orvp  the 
Mufunoiis. 


In  CISC  of 
t'o-olili«rorj 


^ummon^ 
must  be 
filed  and 
kept. 


§  4045.  All  suits  in  the  Justices'  Courts  of  this  State  shall  be 
comuiciiced  by  warrant  or  summons,  which  shall  be  issued  and 
signed  by  the  Justice  of  the  Peace  of  the  district  in  which  the 
suit  is  brought,  and  shall  be  directed  to  the  defendant,  command- 
ing him  to  appear  at  the  court  to  which  the  summons  is  return- 
able, to  answer  the  plaintiff's  demand,  which  summons  shall  bear 
date  ten  days  before  the  return  term  of  the  court. 

g  4040.  The  time  and  place  of  holding  the  court  must  be  spe- 
cified in  the  summons. 

§  4047.  The  summons  or  warrant  shall  be  served  u})un  the  de- 
fendant either  by  giving  him  a  copy  of  the  same  in  person,  or  by 
leaving  such  copy  at  his  usual  and  most  notorious  place  of  abode, 
at  least  nine  days  before  the  sitting  of  the  court  to  which  tlie 
summons  is  returnable. 

§4048.  The  summons  may  Ijc  served  by  the  Constable  of  the 
district  in  which  the  suit  is  commenced,  or  if  there  be  no  sucli 
CiJonstable,  or  he  be  a  party  to  or  interested  in  the  case,  such  sum- 
mons may  be  served  by  any  Constable  of  the  county. 

§  4049.  In  cases  where  suit  is  brought  against  joint  obligors  or 
joint  promissors,  or  other  joint  debtor."^,  and  in  cases  where  the 
Justice  of  the  Peace  is  a  party,  and  in  cases  where  there  is  no 
Justice  in  the  district  of  the  defendant's  residence — in  all  these 
and  like  cases,  the  Constable  of  the  district  in  which  suit  is  brought 
may  serve  all  processes,  on  all  the  parties,  and  do  all  other  legal 
acts  required  of  him  in  the  progress  of  such  suit,  in  any  district 
of  the  county. 

§  4050.  The  officer  serving  the  summons  shall  return  the  orig- 
inal, with  his  entry  of  service  thereon,  to  the  Justice  of  the  Peace 
before  whose  court  the  suit  is  pending,  and  the  Justice  shall  file 
and  preserve  the  said  original  summons  with  the  other  papers  ap- 
pertaining to  his  office. 


PT.  3.— TIT.  26.— GHAP.  l.-Ji  viices'  Coukts. 


Article  3. — Commencement  of  Suits,  Service,  &c. 


§  4()r>l.  The  proceedings  of  the  Justices'  Courts  shall  be  uni-  Proceedin-* 
Ibrin  throughout  the  State,  unless  otherwise  provided  for,  and  ^"rm. ""'" 
each  Justice  of  the  Peace  shall  keep  a  fair  and  Ico-ible  book  of 
qntry  of  all  civil  proceedings  had  before  him  for  the  recoverv  of 
debts. 

§4052.  The  term  of  the  court  to  which  tlie  summons  is  made  Appearance 
returnable  shall  be  deemed  and  considered  the  appearance  term  ^''""" 
when  the  case  shall  be  docketed  on  what  shall  be  called  the  ap- 
l)earance  docket,  unless  the  demand  sued  on  be  for  rent  in  which 
case  it  shall  stand  regularly  for  trial  at  the  first,  or  ajjpearance 
term. 

§4053.  The  Justices'  Court  shall  iiave  power  and  authority  to  umi  fn-'n*- 
hold  to  bail  for  all  debts  within  their  jurisdiction,  and  to  enforce^'''"*  ^"""' 
the  liability  of  bail  under  the  same  rules  and  regulations  as 
those  which  prevail  on  that  subject  in  the  Superior  Courts  ;  and 
when  a  bail  process  is  placed  in  the  hands  of  a  Constable  against 
one  who  is  moving  about  from  one  district  to  another,  such  Con- 
stable may  follow  such  itinerant  defendant  and  serve  the  process 
in  any  district  in  the  county. 

§  4054.  Any  case  in  the  Justices'  Court  may  be  settled  at  any  Parties  may 
time  by  the  parties,  upon  payment  of  the  costs  which  have  ac- ''"'" '''"■ 
crued  up  to  the  time  of  such  settlement. 

^  §  4055.  Whenever  any  claim  is  given  to  a  Justice  of  the  Peace  or  j„,tices  and 
Constable  for  collection,  such  Justice  or  Constable  shall  o-ive  a  re- ^""'**!''^^ 
ceipt  theretor,  and  when  the  money  is  collected  such  Justice  or  e^aTmi* '*"" 
Constable  shall  pay  the  same  to  the  plaintiff,  his  agent  or  attorney, 
unless  there  be  conflicting  claims  for  the  money,  in  which  case 
the  question  shall  be  decided  at  the  first  court,'  unless  a  contin- 
uance be  had  according  to  law. 


AKTICLE  IV. 

PLEAS  AND  DEFENCES 

Section. 
4056.  Defences  same  as  in  Superior  Co'ts 


Sectiox. 
4057.  Xon  est  factum  and  dilatorj-  pleas. 

§4056.  At  the  appearance  term  the  defendant  may  plead  any  what  dofen- 
raatter  of  defence  to  a  suit  in  the  Justices'  Court,  which  would  L^?  u7 '^ 
be  allowable  to  suits  in  the  Superior  and  Inferior  Courts. 

§4057.  All  dilatory  pleas  must  be  filed  at  the  first  term  of  the 
court,  unless  the  failure  to  do  so  is  shown  to  be  the  result  of  un- 


784  PT.  3. — TIT.  26. — CHAP.  1.— Jus-ncEs'  Courts. 


Article  4. — Pleas  and  Defences. 


What  pieM  avoidable  cause ;  and  all  dilatory  pleas,  and  pleas  of  non  est  fao- 
I^d^r^<!^th.  tum^  must  be  verified  by  the  attidavit  of  the  defendant  at  the 


time  of  filing  the  same 


ARTICLE  V 

KVIDENCK. 


►Sl'-CTION. 

4058.  Beet  evidence  nuiHt  be  produced. 


Section. 
40G2.  Tf  plaintifT  fails  t*")  answer. 


B««teTt 


4059.  Party  may  prove  account — when,  j  40G3.  The  party  subject  to  crosa-ex'i't'u. 
40G0.  Account  aj^ainst  removint^  party.     |  40C4.  Witnesses  compelled  to  attoudanc*. 
4061.  Defendant  pleading' usury.  j  40G5.  Testimony  takea  by  commission. 

§4058.  In  all  cases  in  the  Justices'  Court  of  this  State,  the 
JSiT/°"     best  evidence  the  nature  «>f  the  case  will  admit  of  shall    be   re- 
quired, 
whena  p.-ir-      §  405iK  Either  party  in  a  case  in  the  .lustices'  Court  may  prove 
uS.unrhift  account,  (not  exceeding  fifty  dc»llars,)  by  his  own  oath  ;  Pro- 
by^huown   ^-^^j^  jj^  ^^,jU  ^^j.,|.  jjjj^|.g  ^,^^\^  j„  ^vriting  that  he  has  no  other  ev- 
idence in   hid  power  to  procure,   whereby  to  estabh'sh  such  atv 
count ;  but  the  party,  after  making  such  affidavit,  may  neverthe- 
less be  sworn  and  examined  like  any  other  witness. 
Accounts         ^40(i(».  AVhcro  suit  is  brought  uj)on  an  open  aceoimt,   agaiqft 
S.?/or    a  party  who  has  rciuoved  from  the  county  in  which  the  debt  was 
fany7ilarV*ontra<'ted,    or  who  resides   out  of   the  county   in    which    the 
hi'S.*^^^  debt  was  contracted,  such  account  nnist  be  proved  by  the  writ- 
ten alfidavit  of  the  plaintift';  and  when  so  proved   shall  be  re- 
ceived in  evidence  as  if  it  v/as  ]>roved  in  open  court.     Neverthe- 
less, if  the  defendant  will  file  his  written  affidavit  denying  the 
justice  and  fairness  of  the  wliole  or  any  part  of  such  account,  the 
court  shall  Tiot  give  judgment  \x\  favor  of  the  ]ilaintifi*  for  that 
part  of  the  account  so  denied  and  controverted,  unless  supported 
by  other  proof. 
Howdefcn-       ^4061.  Whcu  a  plca  of  usurv  is  filed  iu  the  Justices'  Court, 
lux  usury     tlic  defendant  mav  i^ive  the  plaintiti  ten  davs  notice  ot  the  plea 

mav  t>bt;iin  '     ~  ^  i  *  i   .  •  in 

ai*ioT«ry.  accompanied  with  a  copy  of  the  same,  and  this  notice  shall  enti- 
tle the  defendant  to  the  written  affidavit  of  the  plaintiif,  as  to 
whether  or  not  the  facts  of  the  plea  are  true  as  to  the  usury, 
and  whether  or  not  the  contract  sued  on  was  usurious,  and  such 
affidavit  may  be  read  on  the  trial  as  evidence  by  either  party. 
K  \\%  %  4062.  If  the  phvintiff,   after  being  notified  of  the  plea,  fails 

u  aiuvr.r.    ^o  make  the  affidavit  provided  tor  in  the  preceding  section,  the 


FT.  3.— TIT.  26.— CHAP.  1.— Justices'  Courts.  785 

Article  5. — Evidence. 


defendant  shall  be  permitted  to  verify  the  facts  of  his  plea  by  a 
WTitten  affidavit,  which  affidavit  may  be  read  in  evidence  on  the 
trial  by  either  party. 

§4003.  Either  party  making  an  affidavit  under  the  provisions  Party  eub- 
of  the  two  preceding  sections  shall,  nevertheless,  be  sworn  and  i'x'lminMi'on 
examined  by  the  adverse  party  as  any  other  witness  ;  and  in  ev- 
ery case  where  one  party  offers  himself  as  a  witness,   the  other 
party  shall  have  the  privilege  of  being  heard  also  on  his  own  mo- 
tion. 

§  40G4.  Either  one  of  the  Justices  of  the  Peace  of  the  district  witness 
in  which  a  suit  is  pending,  may  issue  a  subpoena,  directed  to  any  "anaed.*"^ 
witness  whose  testimony  mUy  be  desired  by  either  party  in  any 
case,  which  subpcena  shall  be  served  on  the  witness  three  days 
before  the  day  of  trial. 

§4065.  Testimony  may  be  taken,  and  brought  into  court  by  Testimony 
interrogatories  and  commission,  in  any  case  pending  in  the  Jus-  SkL^'by  in- 
tices'  Court,  under  the  same  rules  and  regulations  which  prevail  ries."^***** 
on  that  subject  in  the  Superior  Court,  except  that  the  interroga- 
tories shall  be  filed  with  the  Justice  of  the  Peace  instead  of  the 
Clerk,  and  the  notice  required  shall  be  five  days  instead  of  ten, 
after  the  expiration  of  which  the  Justice  shall  issue  a  commission, 
which  shall  be  executed  as  provided  for  in  the  Superior  and  In- 
ferior Courts. 


ARTICLE  VI. 

TRIAL  AND  JUDGMENT. 

Section.  [Section. 

4066.  The  second  term  shall  be  trial  term.    4068.  Justices  to  give  judgment. 

4067.  Cases  may  be  continued  three  termsl 

§  4066.  The  second  term  shall  be  deemed  and  considered  the  Trial  term. 
trial  term  of  all  suits  for  the  recovery  of  debts,  (except  for  rent) 
at  which  term  the  case  shall  be  tried,  unless  the  same  be  contin- 
ued according  to  law. 

§  4067.  Cases  in  the  Justices'  Courts  may  be  continued  three  continu- 
times,  under  the  same  rules  which  govern  continuances  in  the '^^tei'**''' 
Superior  Courts. 

§  4068.  When  cases  are  tried,  the  Justices  of  the  Peace  shall  jusuc*  to 
render  judgment  therein  according  to  the  law  and  the  facts  ofS^"''^ 
each  case,  and  such  judgment  shall  be  enforced  by  execution,  un- 
less prevented  by  appeal  or  other  lawful  means. 
50 


786  PT.  3.— TIT.  26.— CHAP.  1.— Justices'  Courts. 


Article  7. — Appeals. 


ARTICLE  VII. 

APPEALS. 

Section.  I  Section. 

4069.  Appeals — when  and  liow  entered.   }  4070.  Appeals — how  tried— juries. 

^ppeais-  g  4069.  Either  party,  being  dissatisfied  with  the  judgment  of 
when  enter-  f]jg  Justice  of  the  Peace  may,  as  matter  of  right,  enter  an  appeal 
from' such  judgment,  within  three  days  (exclusive  of  Sundays) 
after  the  adjournment  of  the  court,  under  tlie  same  rules,  regula- 
tions, restrictions  and  liabilities  (except  as  to  damages  for  a  frivo- 
lous appeal)  whicli  prevail  on  the  subject  of  appeals  in  the  Supe- 
rior Courts. 
Appeals—        8  4070.  All  aupcals  in  the  Justices'  Courts  shall  be  tried  before 

how  tried.  "  '^^ 

one  or  both  of  tlie  Justices  of  the  Peace  presiding  therein,  by 
live  jurors  drawn,  empannelled  and  sworn  as  follows,  to  wit : 
Jurors—  The  Justices  of  the  Peace  in  eacli  district  shall,  once  in  every 
and  sworn,  two  ycars,  make  out  or  procure  a  list  of  all  persons  liable  to  serve  as 
jururs  in  the  Superior  Court,  who  may  reside  in  their  respective 
districts,  and  shall  write  the  names  of  every  person  so  liable  on 
a  se])arate  piece  of  paper,  or  ticket,  which  ticket  shall  be  depos- 
ited in  a  box  in  an  apartment  nuirked  No.  1,  and  the  said  Jus- 
tices, or  one  of  them,  in  public,  on  a  court  day,  in  the  presence  of, 
and  in  conjunction  with  two  freeholders,  shall  draw  from  said  box 
not  less  than  live  nor  more  than  seven  of  the  names  so  deposited, 
from  time  to  time,  to  try  the  causes  dej^ending  on  the  appeal  in 
said  court ;  which  names,  when  so  drawn,  shall  be  entered  in  a 
book  by  the  Justice  who  presides  at  such  drawing,  and  the  tick- 
ets so  drawn  shall  be  deposited  in  another  apartment  of  the  box 
marked  Ko.  2.  After  all  the  names  shall  be  drawn  from  apart- 
ment Xo.  1,  the  drawing  of  nanies  shall  commence  from  apart- 
ment No.  2,  and  so  on  alternately.  The  jurors  drawn  as  afore- 
said shall  be  summoned  by  the  Constable  of  the  district  live  days 
before  the  court  at  which  they  are  called  upon  to  serve.  If  there 
be  a  deticiency  of  jurors,  the  Constable,  by  direction  of  the  pre- 
siding Justice,  shall  complete  the  jury  by  talesmen  from  the  by- 
standers ;  Provided,  at  least  three  of  the  persons  drawn  as  afore- 
said shall  be  present.  The  following  oath  shall  be  administered 
to  the  jury,  to  wit :  "  You  shall  well  and  truly  try  the  causes  de- 
pending between  the  parties  at  variance,  and  true  verdicts  give, 
according  to  equity  and  the  opinion  you  entertain  of  the  evidence 


PT.  3.— TIT.  26.— CHAP.  1.— Justices'  Courts.  787 


Article  7. — Appeals. 


produced  to  you,  to  the  best  of  jour  skill  and  knowledge,  without 
favor  or  "aifection  to  either  of  the  parties ;  Provided,  the  case  or 
cases  submitted  shall  not  be  withdrawn  from  your  consideration. 
80  help  you  God." 


ARTICLE  YIII. 

CLAIMS  IX  THE  JUSTICES"  COURT. 

bEcnoN.  I  Section. 

4071.  Claim,  affidavit  and  bond.  4073.  Continuance  of  claim  cases. 

4072.  Claim — where  and  when  tried.        ' 

§4071.  When  an  execution  issued  from  a  Justices'  Court  shall  ciaims- 
be  levied  on  property  claimed  by  any  person  not  a  party  to  the  posed, 
execution,  the  claimant,  his  agent  or  attorney,  shall  make  oath 
that  the  property  levied  on  is  the  right  and  property  of  the  claim- 
ant, and  shall  also  give  bond  and  security  in  double  the  amount 
of  the  execution,  which  bond  the  levying  officer  is  empowered  to 
take,  payable  to  the  plaintiff  or  assignee  of  the  execution,  as  the 
case  may  be,  with  condition  to  pay  all  costs  and  damages  which 
the  said  plaintiff  or  assignee  may  sustain,  in  case  it  shall  appear 
that  such  claim  was  frivolous,  and  intended  for  delay  only  ;  which 
bond,  on  breach  of  the  condition  thereof,  shall  be  recoverable  in 
any  court  having  cognizance  of  the  same. 

§  4072.  When  the  claim  affidavit  is  made,  and  the  bond  jjiven,  ^,  . 

*-  _  _  '  t>  '  Claims — 

as  directed  in  the  preceding  section,  the  Constable  shall  postpone  ^^^^^^2'^^^"® 
the  sale  of  the  property,  and  return  the  papers  to  the  next  Jus-  *^^<'- 
tices'  Court  from  which  the  fi.  fa.  issued,  (unless  the  property 
levied  on  be  land  or  negroes)  and  it  shall  be  the  duty  of  said  court 
to  direct  an  issue  to  be  made  up,  and  to  cause  the  right  of  prop- 
erty to  be  tried  at  the  first  term  by  five  jurors  empannelled  and 
sworn  as  in  cases  of  apjieal. 

§4073.  Upon  good  cause,  shown  on  oath,  a  claim  case  may  be  continuance 
continued  for  one  term  by  each  party,  and  no  longer. 


788  PT.  3.— TIT.  26.— CHAP.  1.— Justices'  Courts. 

Article  9. — Final  Judgment  and  Execution. 

ARTICLE  IX. 

FINAL  JUDGMENT  AND  EXECUTION. 

Section.  Section'. 

4074.  Dignit}' and  lien  of  judgments.        i  4077.  Stay  of  execution. 

4075.  Judgment  against  securities  as  such  j  4078.  If  defendjint  be  insolvent. 

4076.  Judgment  in  cases  of  set-ofl".  I 

Dignity  and  §  4074.  All  judgments  that  may  be  obtained  in,  and  excutions 
incnts.^"^^  issued  from  the  Justices'  Courts,  shall  bear  equal  dignity  with 
judgments  obtained  in,  and  executions  issued  from  the  Superior 
and  Inferior  Courts,  and  shall  bind  all  the  property  of  the  defen- 
dant and  his  securities,  if  any,  (except  such  as  is  exempt  by  law) 
from  the  date  of  such  judgment,  until  the  same  is  fully  satisfied. 
,  ,  §  4075.  Where  suit  is  brought  a«]rainst  ioint  oblifjors  and  ioint 

Judgment  "  &  r  J  f-<  J 

.andexccn-    promissors,  and  any  one  or  more  of  them  shall  make  it  satis- 

tion  to  po       I  '  "J 

Cities  M    fitctorily  appear  to  the  court  that  he  signed  the  contract  sued  on, 

*"*'*'•  as  security  only,   and  was  not  interested  in  the  consideration 

thereof,  the  court  shall  enter  up  judgment  and  award  execution 

against  such  party  as  security ;  and  when  the  execution  shall  be 

satisfied  by  sucli  security  out  of  his  own  money  or  property,  he 

shall  have  the  right  to  control  such  judgment  and  execution,  for 

the  purpose  of  remunerating  himself  out  of  the  property  of  the 

principal  in  the  same  manner  that  securities  on  stay 'of  execution 

may  do;  Provided^  the  judgment  and  execution   shall  also  be 

against  such  principal. 

Tud    <>nt        §  4076.  When  the  defendant  pleads  and  establishes  a  set-off 

fordefen-     nfreatcr  than  the  demand  of  the  plaintiff,  the  court  shall  render 

Oftnt  in  CAMS  r>  i  ' 

ot  »et-off.  judgment  in  favor  of  the  defendant  against  the  plaintifl",  for  the 
excess  or  balance  over  and  above  the  demands  of  the  plaintiff, 
unless  such  balance  exceeds  the  sum  of  fifty  dollars  principal, 
in  which  event  the  set-off  of  the  defendant  shall  be,  by  the  judg- 
ment of  the  court,  credited  with  the  amount  of  the  demand  es- 
tablished and  proven  by  the  plaintiff,  and  the  plaintiff  in  such 
case  shall  pay  the  costs. 

1^  4077.  When   final  iudfirnient   is   rendered   in    the   Justices' 

How  pxctn-         "  JO 

BuTeT^^'^'  Court,  either  without  an  appeal  or  after  a  trial  on  the  appeal,  the 
party  against  whom  the  judgment  is  rendered,  at  any  time  with- 
in four  days  after  the  adjournment  of  the  court,  shall  liave  the 
right,  by  paying  all  the  costs  which  have  accrued,  and  giving 
good  and  sufiicient  security  for  the  principal  and  interest  in- 
volved in  the  case,  to  stay  the  execution  for  sixty  days  if  the 


PT.  3.— TIT.  26.— CHAP.  1.— Justices'  Cottkts.  789 


Article  9. — Final  Judgment  and  Execution. 


judgment  is  for  more  than  thirty  dollars  principal ;  and  if  the 
judgment  be  for  thirty  dollars  principal,  or  under  that  sum,  the 
execution  shall  be  stayed  for  forty  days,  and  when  the  time  for 
which  the  execution  is  so  stayed  has  expired,  execution  shall  is- 
sue against  the  party  and  his  security  on  stay  for  the  amount  of 
the  judgment.  In  case  any  person,  after  being  summoned  on 
any  complaint  for  debt  in  a  Justices'  Court  shall,  before  the  sit- 
ting of  such  court,  remove  out  of  the  district,  such  court  may, 
nevertheless,  give  judgment  against  him ;  and  if  any  person 
shall,  after  judgment  of  such  court,  remove  out  of  the  district  or 
county,  or  holds  property  in  a  different  district  or  county,  before 
satisfaction  is  made,  such  Justice  may,  in  either  case,  issue  exe- 
cution against  such  person ;  which  execution  being  backed  by  any 
Justice  of  the  county  where  such  person  resides,  or  where  his  pro- 
perty may  be  found,  may  be  levied  by  any  Constable  of  said  county, 
and  the  after  proceedings  shall  be  the  same  as  provided  in  other 
cases  of  levy  and  sale,  by  virtue  of  executions  from  Justices'  Court. 

§  4078.  When  an  execution  issued  from  a  Justices'  Court  shall  when  plain- 
be  returned  by  the  proper  officer,  witli  an  entry  thereon  that  for  cost»* 
there  is  no  property  of  the  defendant  out  of  which  satisfaction  of 
the  execution  can  be  made,  the  plaintiff  in  execution  shall  be 
bound  and  liable  for  the  costs  due  thereon  ;  and  if  the  plaintiff, 
upon  being  notified  of  the  return  and  the  costs  being  demanded 
of  him,  shall  fail  or  refuse  to  pay  such  cost,  execution  therefor 
may  issue  against  such  plaintiff". 


AETICLE  X. 

JUSTICES'  COURTS  MAY  RULE  THEIR  CONSTABLES,   PUNISH  DEFAULT- 
ING JURORS  AND  WITNESSES,  AND  PUNISH  CONTEMPTS. 

Section".  1  Seotion. 


4079.  Liability  of  Constable  for  misci'd't. 

4080.  Con.stable  mar  be  ruled. 


4081.  Witnesses  failing  to  attend. 

4082.  Jurors  mav  be  fined  for  default. 


k 


§  4079.  If  any  Constable  shall  fail  to  execute  and  return  any  Liability  or 
process  placed  in  his  hands,  or  sliall  fail  to  account  with  and  pay  for  miscon. 

^  ■"■  ^  '  X     >J  duct how 

over  to  the  person  entitled  thereto  any  money  which  he  has  re-  enforced. 
ceived  on  any  note,  execution,  or  other  paper  placed  in  his  hands 
as  such  Constable,  within  ten  days  after  the  money  is  received, 
the  person  injured  by  such  failure  may  apply  to  the  Justice  of  the 
Peace  of  the  district  in  which  the  defaulting  Constable  is  acting 
as  such,  or  in  which  he  did  act  as  such  if  he  has  gone  out  of  of- 


790  PT.  3.— TIT.  26.— CHAP.  1.— Justices'  Courts. 


Article  10. — Justices'  Courts  may  rule  Constables,  &c. 


fice,  (and  if  there  be  no  Justice  in  such  district  the  party  injured 
may  apply  to  the  Justice  of  any  adjacent  district,)  and  obtain  a 
warrant  against  such  Constable ;  and  upon  satistactory  proofs  of 
the  facts  tlie  Justice  to  whom  the  ap])lication  is  made  may,  either 
in  term  time  or  vacation,  award  judgment  and  execution  against 
the  Constable  for  the  full  amount  of  the  money  collected  and 
wichheld,  or  which  might  have  been  collected,  and  the  Justice 
may  also  line  the  Constable  for  su(;h  default  in  a  sum  not  exceed- 
ing ten  per  cent,  on  the  amount  of  said  money  so  collected,  or 
which  might  have  been  collected. 
CoDBtabics  §4080.  Constables  may  be  ruled  by  their  respective  Justices" 
rated."  Courts  and  compelled  to  give  an  account  of  their  actings  and  do- 
ings, or  to  pay  over  money  received  or  collected  by  them  in  their 
official  capacity,  under  the  same  rules  and  regulations  as  are  pur- 
sued in  the  Superior  Court  in  relation  to  otHccrs  of  said  Superior 
Court. 
^.^  S-tOSl.  Any  witness  failing  to  attend  the  Justices'  Court,  af- 

Witncsses  .  . 

w^  ^  b^o^^^'  ^<^^"g  •^^^ly  served  with  a  subpo-na,  shall  be  subject  to  a  iine 
fined.         not  exceeding  ten  dollars,  which  may  be  collected  by  execution^ 
unless  good  excuse  be  shown  for  such  failure  at  or  before  the  next 
court  day  after  the  default ;  and  such  witness  shall  also  be  liable 
to  a  suit  for  damages  at  the  instance  of  the  party  injured  by  his 
default,  in  any  court  having  cognizance  of  the  same. 
Defaulting        § -1:082.  Any  juror  drawn  and  summoned,  who  shall  neglect  to 
i^ftncd""^   appear  and  serve  as  such,  shall  be  lined  by  the  Justice  of  the 
Peace  in  a  sum  not  exceeding  three  dollars,  unless  such  juror  shall 
show  sufficient  excuse  for  his  default  at  the  next  court  thereaf- 
ter, Mdiich  tine  may  be  collected  by  execution,  or  imprisonment 
until  it  is  paid,  unless  discharged  by  law. 


ARTICLE  XI. 

LEVY  AND  SALE  UNDER  FI.  FA.  FROM  JUSTICES'  COURT. 

Skction.  ;  Section. 

•1083.  Levy  and  advertisement.  j  4085.  Bank  and  other  stock. 

4084.  Land  and  negroes — when  subject!  4086.  Compensation  of  Constables. 

TimeMd         §4083.  All  Coustables  shall  advertise  all  intended  sales,  to  be 
place  of  »ai«.  jj^j^^jg  \^y  them  Under  execution,  at  three  or  more  of  the  most  pub- 
lic places  in  their  respective  districts,  (unless  Otherwise  provided) 
at  least  fifteen  days  before  any  sale  shall  be  made,  and  shall  give 


FT.  3.— TIT.  26.— CHAP.  1.— Justices'  Courts.  791 


Article  11. — Levy  and  Sale  under  Fi.  Fa.  from  Justices'  Court. 


a  full  and  clear  description  of  the  property  to  be  sold,  and  all  ^^e^^?Jd de- 
Constables' sales  shall  be  at  the  place  of  holding  Justices'  Courts  property. 
in  the  several  company  districts,  and  on  a  court  day,  and  that 
between  the  hours  of  ten  o'clock,  A.  M.,  and  four  o'clock,  P.  M. 

§  4084.  Xo  Constable  shall  levy  on  anv  land  or  negroes  unless  Land  ana 

."^Trtj.,,,    nesrroes  may 

there  is  no  other  personal  property  to  be  lound  suihcient  to  sat-  be  levied  on 
isfy  the  debt,  which  fact  must  appear  by  an  entry  on  the  exe- 
cution, to  be  levied  by  a  Constable  of  the  county  where  such  ex- 
ecution was  issued,  or  where  the  property  to  be  levied  upon  may 
be  found;  Provided^  that  the  defendant  shall  have  the  right 
in  all  cases  to  point  out  any  portion  of  his  property  in  his  pos- 
session he  may  think  proper,  and  should  he  point  out  land  and 
negroes  to  be  levied  upon,  the  above  entry  of  no  other  personal 
property  may  be  omitted. 

S4085.  When  anv  Constable  shall  have  an}'-  execution  placed  Bank  and 

*:,  ."  i^i  i»  1  other  stock 

m  his  hands  against  any  person  who  is  the  owner  oi  any  shares— how  levied 
or  stock  in  any  bank,  or  other  corporation  or  joint  stock  company 
in  this  State,  he  shall,  on  the  application  of  the  plaintiff,  his  agent 
or  attorney,  endorse  a  levy  on  said  execution  of  the  number  of 
shares  belonging  to  the  defendant,  and  make  a  return  of  the  same 
to  the  Sheriff  of  the  county  in  which  he  lives,  which  said  Sheriff" 
shall  proceed  to  advertise  and  sell  the  same,  as  required  by  law. 
When  the  Constable  levies  an  execution  in  which  the  Sheriff'  is 
a  party,  or  in  which  he  is  interested,  lie  may  proceed  to  sell  the 
property,  as  a  Sheriff'  is  authorized  to  do. 

§4086.  A  reasonable  compensation  shall  be  allowed  to  Con-compe 
stables  for  carrying  property  levied  nj^on  to  the  place  of  sale,  stabies 
when  there  appears  to  be  an  absolute  necessity  for  doing  so,  to 
be  judged  of  by  the  Justices  of  the  district. 

Note. — For  other  powers  and  duties  of  Justices  of  the  Peace  and  Constables,  see 
Part  1,  Title  5.  Chapter  8.  Articles  1  and  2.  As  to  levies  on  land  or  negroes,  see  sec- 
tion 3571.     Wlien  tlie  Sherifi'  is  a  partj',  see  section  3551. 


nsa 
tion  of  Con- 


792  PT.  3. — TIT.  27, — Equity  Pleading  and  Practice. 


Chapter  1. — Of  the  Bill  and  Subpcena. 


TITLE  XXVII. 

EQUITY  PLEADING  AND  PRACTICE. 

Chapter  1.  Of  the  bill  and  subpoena  and  service  thereof. 

Chapter  2.  Of  demurrers,  pleas  and  answers. 

Chapter  3.  Of  interlocutory  decrees,  receivers,  masters,  &c. 

Chapter  4.  Of  the  trial  and  its  incidents. 

Chapter  5.  Of  the  decree  and  its  enforcement. 

Chapter  fi.  Of  other  proceedings  in  chancery. 


CHAPTER  I. 

OF  THE  BILL  AND  SUBP(ENA  AND  SERVICE  THEREOF. 

Section.  Section. 

4087.  Proceedings  by  bill.  4094.  Discovery  <k  perpetuating  testimony 

4088.  Discovery— interrogatories.  4095.  Venue. 

4089.  Amendments.  4096.  Manner  and  time  of  tiling. 

4090.  Who  may  sue.  I  4097.  Subpoena  and  service  thereof. 

4091.  Persons  laboring  under  disability.      4098.  Sanction  of  the  Judge — when. 

4092.  Parties  defendant.  i  4099.  Duty  of  the  Clerk. 

4093.  Bills — different  kinds  of.  |   4100.  Dismissal  of  bill. 

Proceedings      §4087.  The  Ordinary  proceeding  in  chancery  shall  be  by  bill, 

bybiH,  which  shall  be  addressed  to  the  Superior  Court,  or  the  Judge 
presiding  therein,  and  shall  plainly  set  forth  the  ground  of  com- 
plaint, and  the  persons  against  whom  a  subpania  is  j)rayed. 

Discovery—      §  4:088.  If  discovcry  is  sought  of  one  or  more  of  the  defendants 

toriCT^  it  shall  be  specially  prayed,  and  interogatories  regularly  number- 
ed, shall  be  embodied  in  the  bill,  as  to  every  point  on  which  dis- 

^  covery  is  sought,  and  the  names  of  the  defendants  from  wliom 

answers  under  oath  or  affirmation  are  recjuired. 

Formality  &  §4089.  Xo  mcrc  formality  or  omission  of  a  formality  shall  vi- 
tiate or  delay  a  proceeding  in  equity,  but  the  same  liberality  as 
to  amendment  shall  be  alloAved  therein  as  in  a  proceeding  at  law. 

wiio  may  §  4:090.  Ally  persou  who  cannot  sue  at  law,  may  complain  in 
equity,  and  every  person  who  is  remediless  elsewhere,  may  claim 
the  protection  and  assistance  of  a  court  of  equity  to  enforce  any 
right  recognized  by  the  law. 

Persons  un-      §  4091.  Pcrsous  iiot  sui  ju/'i's  mav  appear,  either  by  guardian 

derdisabili-  .  j,  ■        ^  ,.  t,-.        "^  .        \i         i  t 

ty.  or  next  inend,  or  guardian  ad  litem  appointed  by  the  court,     in 

the  latter  two  cases  the  court  may  require  such  bond  as  shall  pro- 
tect the  interest  of  the  person  under  disability. 


PT.  3.— TIT.  27.— Equity  Pleading  and  Practice.  793 


Chapter  1. — Of  the  Bill  and  Subpoena. 


§  4092.  Generally,  all  persons  interested  in  the  litigation  should  Par^es^de- 
be  parties  to  a  bill,  but  legatees,  distributees  and  wards  suing 
executors,  administrators,  and  guardians  need  not  join  others  in- ^^.^^^^^^^ 
terestedin  such  estate  as  parties,  complainant  or  defendant,  unless  A^^^samg 
some  special  adverse  claim  is  set  up  as  against  such  co-distribu- 
tees or  legatees. 

§  4093.  A  bill  is  either  original  or  in  the  nature  of  original.  ^Ii^****"  *'^ 
Every  bill  is  original  which  commences  a  proceeding  for  relief  or 
discovery,  or  both.  Bills  for  the  review,  or  avoidance,  or  injunc- 
tion, or  execution  of  a  former  decree  are  in  the  nature  of  original 
bills.  A  cross  bill  need  not  be  filed  in  this  State.  The  defend- ^'^*''*  **'"• 
ant  in  every  cii>c  may  set  up  any  matter  in  his  answer,  which  un- 
der the  English  practice  should  be  the  subject  of  a  cross  bill,  and 
may  require  therein  any  discovery  from  the  complaint  he  may 
desire.     No  supplemental  bill  need  be  filed  in  this  State.     All  suppiemon- 

tal  bill. 

such  matter  shall  be  allowed  by  way  of  amendmeiit.     If  new  par-  ^ 

ties  are  necessary,  by  reason  of  any  matter  thus  set  up  in  the  an- 
swer or  by  way  of  amendment,  the  court  shall  give  such  direc- 
tion to  the  cause,  to  secure  a  hearing  to  such  parties,  as  if  a  cross 
1)111  or  supplemental  bill  had  been  filed.     Bills  of  revivor  areTiror. 
abolished. 

§4094.  A  bill  for  discovery  merely,  or  to  perpetuate  testimo- Discorery  & 
ny,  shall  not  be  sustained  unless  some  reason  is  shown  why  thetesumony. 
proceeding  at  law  is  inadequate. 

§  4095.  All  bills  shall  be  filed  in  the  county  of  the  residence  of  r««w«. 
one  of  the  defendants,  against  whom  a  substantial  relief  is  prayed, 
except  in  cases  of  injunctions  to  stay  pending  proceedings,  when 
the  bill  may  be  filed  in  the  county  where  the  proceedings  are  pen- 
ding, provided  no  relief  is  prayed  as  to  matters  not  included  in 
such  litigation. 

§4096.  Xo  bill  shall  require  the  sanction  of  the  Judge  before  Mode &umo 
its  filing  unless  it  prays  some  extraordinary  remedy.     Each  bill "     "*"" 
shall  be  tiled  in  the  Clerk's  ofiice,  at  least  thirty  days  before  the 
term  to  which  it  is  returnable,  and  shall  be  served  on  the  defend- 
ant at  least  twenty-five  days  before  such  term. 

§4097.  It  shall  be  the  duty  of  the  Clerk  to  annex  to  each  bill  asubpcoaa. 
subpoena  directed  to  the  defendant,  and  requiring  his  appearance 
at  the  term  of  the  court  to  which  the  bill  is  returnable  ;  and  also, 
to  make  out  and  hand  to  the  Sherift',  or  his  Deputy,  a  copy  of  the 
bill  and  subpcena  to  be  served  on  the  defendant  in  like  manner 

....  ^  1  o         •  1    /.       1  .  ,.  .     Service  by 

as  petitions  at  common  laAv.     bervice  on  deiendants  residing  msiieriflf. 


794  FT.  3.— TIT.  27.— Eqiity  Pleading  and  Practice. 


Chapter  1. — Of  the  Bill  and  Subpoena. 


another  county,  may  be  made  by  the  Sheriff  of  such  county,  or 
In  another    any  pcrsou,  Avho  after  examination  of  the  original  and  copy,  will 
coun  J.       ^^^  ^^^  affidavit  (subject  to  be  traversed)  as  to  the  fact  of  service. 
If  tlie  defendant  does  not  reside  in  the  State,  service  of  the  bill 
dents.   ^  "^  or  any  order  of  court  may  be  made  by  publication  in  any  public 
gazette  of  this  State  (under  the  direction  of  the  court)  once  a 
Anattorncy.  month  for  four  montlis.     If  the  non-resident  defendant  is  repre- 
Estraordin-  seutcd  ill  court  by  an  attorney  at  ^-iw  or  in  fact,  service  on  such 
flcrvicc.  j^^|;Q,.,^(3y  g]iall  be  sufficient.     And  in  all  ca^es  not  embraced  with- 
in tlie  foregoing  provisions,  ..ne  Judge  may  prescribe  for  extraor- 
dinary service,  according  to  the  exigency  of  each  case. 
s.inction  of       §  409S.   If  an  extraordinary  process  or  remedy  is  prayed,  the 
tra  wits. '^sanction  of  tlie  Judge  of  court,  or  of  some  Judge  of  the  Superior 
Courts  of  this  State,  must  be  first  obtained  before  such  process  is 
issued  or  such  r<jmedy  granted.     Tlie  application  may  be  ex  parte, 
when  and  granted  without  a  hearing,  in  cases  of  manifest  necessity.     In 

all  other  cases  the  Judge  should  be  careful  to  allow  a  hearing  be- 
fore  passing  the  order.     In  all  cases,  on  ten  days'  previous  notice 
setasideat  j^nd  fhc  fiUnc:  of  defendant's  answer,  a  motion  mav  be  made  at 

chambers.  ^  '  .     "      ,  . 

chambers  to  set  aside  or  dissolve  the  order  granting  the  sanction 

of  the  court. 
Duty  of  §4099.  When  sucii  extraordinary  process  is  granted,  the  Clerk 

^'*'^^'         shall  annex  the  same,  together  with  the  ordinary  subpccna,  to  the 
Service.       original  bill,  and  also  a  copy  thereof  to  the  copy  bill.     Such  bills 

and  processes  can  be  served  only  by  a  Sheriff,  or  his  Deputy,  or  a 

Coroner,  and  must  be  personal. 
Dismiswi  of     §4100.  A  complainant  may  dismiss  his  bill  at  any  time,  either 

in  term  or  vacation,  so  that  he  does  not  thereby  prejudice  any 

right  of  the  defendant.     If  equitable  claims  by  way  of  set-off  or 
right"  ""  *  otherwise  liave  been  set  up  by   the  answer,  the  dismissal  of  the 

bill  shall  not  interfere  with  the  defendant's  right  to  a  hearing  and 

trial  on  such  claims  in  that  proceeding. 


PT.  3.— TIT.  27.— Equity  Pleading  and  Practice.  795 

Chapter  2. — Of  Demurrers,  Pleas  and  Answers. 

CHAPTER  II. 

OF  DEMURRERS,  PLEAS  AND  ANSWERS. 

Section.  j  Section. 

4101.  Mode  of  defence,  &c.  I  4106.  Amendments — effect  of,  &c. 

4102.  Demurrer — grounds  of.  4107.  How  defendant  must  answer. 

4103.  Pleas — different  kinds  of.  |  4108.  Verification  of  non-residents. 

4104.  Answer  and  exceptions  thereto.  |  4109.  No  replication  or  order  for  trial. 

4105.  Verification — when  necessary.  4110.  Notice  of  filing,  &c. 

§4101.  A  defendant  may  eitlier  demur,  plead  or  answer  to  a  Modes  of  de- 
cause  in  equity,  or  may  file  two  or  all  of  these  defences  at  once, 
without  waiving  the  benefit  of  either,  or  may  file  two  or  more 
pleas  to  the  same  action  in  like  manner  as  at  law.     In  all  cases,  order  of  dis- 

S-  ^  ^  '  position. 

demurrer,  pleas  and  answer  shall  be  disposed  of  in  the  order 
named;  and  all  demurrers  and  pleas  shall  be  filed  and  deter- Jlpe of 

'  -r^    ^  filing. 

mined  at  the  first  term,  unless  continued  by  the  court  or  by  con- 
sent of  parties. 

§  4102.  A  demurrer  denies  the  riglit  to  the  discovery  or  relief,  demurrer, 
in  whole  or  in  part,  admitting  the  allegations  of  the  bill  to  be 
true,  and  is  founded  either  upon  a  want  of  jurisdiction  in  the  Grounds  of. 
court,  or  of  equitable  right  in  the  complainant,  or  upon  a  non- 
joinder or  mis-joinder  of  parties,  or  causes  of  action,  or  the  ab- 
sence of  liability  by  the  defendant  to  the  complainant. 

§  4103.  A  pure  plea  sets  up  some  additional  fact  or  facts.  Pure  piea. 
which,  taken  with  the  facts  stated  in  the  bill,  show  that  the  com- 
plainant is  not  entitled  to  relief.     An  impure  or  anomalous  plea  impure  plea. 
is  filed  when  the  complainant,  anticipating  the  defendant's  plea, 
alleges  facts  to  impeach  or  annul  its  efl'ect.     In  such  case  the 
plea  must  negative  the  impeaching  allegations,  and  must  be  ac- 
companied by  an  answer  discovering  all  the  facts  within  defen- 
dant's power  as  to  such  allegations.     A  pure  plea  need  not  be  verification. 
verified.     The  answer  accompanying  an  anomalous  plea  must  be 
under  oath  or  aflirmation. 

§4104.  The  answer  of  defendant,  (unless  further  time  be  Answer, 
given,)  shall  be  filed  within  thirty  days  after  the  first  term  of  the 
court.  If  the  answer  is  not  full,  (where  discovery  is  sought,)  ex- j.^^^^  ^j^^^j 
ceptions  may  be  filed  at  once,  and  on  ten  days'  notice  shall  be  ar- 
gued and  decided  at  chambers.  If  sustained,  the  Judge  shall 
require  additional  answer  on  such  terms  as  he  may  direct.  Ex- 
ceptions must  be  filed  before  the  hour  for  jury  business,  on  the 
second  day  of  the  second  term. 


796  PT.  3.— TIT.  27.— Equity  Tleading  and  Pkactice. 


Chapter  2. — Of  Demurrers,  Pleas  and  Answers. 


Verification      §  4105.  If  discoverj  is  specially  disclaimed,  the  defendant  need 
o  answer.    ^^^  yerify  his  answcr  ;  but  the  defendant  shall  always  have  the 
i^^efendajit's  pj-ivilegc  of  putting  in  an  answer  under  oath,  for  the  purpose  of 
using  the  same  as  evidence  on  any  motion  to  dissolve  an  injunc- 
tion, or  to  set  aside  any  extraordinary  process  or  remedy  granted. 
Amendment  A  swom  auswcr  is  subjcct  to  amendment  at  any  time,  by  leave 
of  the  court,  as  other  pleadings  ;  but  an  admission  made  in  such 
answer  shall  always  be  evidence,  when  offered   by  the  other 
party. 
Eflfectof  §4106.  An  amendment  to  a  bill  which  materially  changes  the 

amendment  i        i  mi  i      i  i  i  mi 

case,  opens  the  bill,  as  amended,  to  demurrer  or  plea.     Ihe  de- 
fendant shall  be  allowed  reasonable  time  for  answcriiiL'  ^uch  an 

Answer  to 

amendment,  amendment.     An  immaterial  amendment  does  not  so  open  the 
])ill,  and  need  not  be  answered  at  all,  or  shall  be  answered  instan- 
Ur. 
Howdefon-       §4107.  Whcu  discovcry  is  sought  tlic  defendant  must  answer 
msw"."'^    to  the  best  of  his  knowledge,  information  and  belief.     If  tlie  de- 
Effoctof      fendant  knows  nothing,  but  answers  only  to  his  belief  from  the 
oS*b^"ef."    information  of  others,  such  an  answer  does  not  require  the  testi- 
mony of  two  witnesses  to  overcome  it. 
verifyins        §  4108.  Wlicn  a  bill,  or  answer,  or  other  proceeding  in  equity 
non-resident  is  rcquircd  to  bc  Verified  by  a  complainant  or  defendant,  who  re- 
sides beyond  the  limits  of  this  State,   an  affidavit,  made  before 
any  commissioner  of  this  State,  or  any  commissioner,  or  master, 
or  chancellor  of  a  court  of  equity,  or  Judge  of  any  court  of  the 
State  where  made,  authorized  to  administer  an  oath,  shall  be  a 
sufficient  verification 
Replication       §  4109.  No  replication  shall   be  filed,   and  no  order  setting 
triai."^  '^^  **'^down  the  case  for  trial ;  but  the  parties  may  commence  to  take 

testimony  as  soon  as  the  bill  is  filed. 
Notice  of        §  4110.  If  a  demurrer  or  plea  is  filed,  notice  of  such  filing  must 
demun-er  or  be  given  to  the  complainant  or  his  solicitor,  a  reasonable  time 
'***■  before  the  end  of  the  first  term. 


CHAPTER  III. 

OF  INTERLOCUTORY  DECREES,  AND  THE  APPOINTMENT  OF  REECEIV-, 
ERS,  MASTERS.  AND  AUDITORS. 

Section'.  iSBcnox. 

4111.  Interlocutory  decrees  and  orders.     1  4113.  Rejiort  of  Master — exceptions. 

4112.  Master  or  Auditor.  4114.  Fees  of  Master  or  Auditor. 


PT.  3.— TIT.  27.— Equity  Pleading  and  Practice.  797 

Chapter  3. — Of  Interlocutory  Decrees,  &c. 

§  4111.  At  an  J  stage  in  the  progress  of  an  equity  cause,  if  any  int<Tioc«to- 
portion  of  the  same  is  ready  for,  or  requires  a  decree,  the  court  and  orders. 
may  hear  and  determine  such  matters  and  pass  such  interlocuto- 
ry decree  or  order  as  may  advance  the  cause  and  expedite  a  final 
hearing.     If  no  issue  of  fact  is  involved,  the  verdict  of  a  jury  is 
unnecessary. 

§4112.  Every  Chancery  Court  in  this  State  may  appoint  a  Master  or 
Master,  to  whom  it  may  refer  such  matters  of  account  as  are 
complicated  in  their  nature ;  or,  by  consent  of  parties,  may  ap- 
point an  Auditor  to  investigate  and  report  upon  similar  matters 
in  dispute.  Such  Master  or  Auditor  may  subpoena  witnesses, 
administer  oaths,  and  hear  testimony  on  any  disputed  fact,  al- 
ways giving  due  notice  of  his  sittings  to  the  parties  or  their  so- 
licitors. 

§4113.  The  report  of  the  Master  or  Auditor,  when  returned  Report  and 
to  court,  shall  be  subject  to  exceptions  for  such  time  as  the  court  ^'^*'*p*'*"*- 
may  allow  ;  and  the  exceptions  so  filed  shall  be  the  only  issues 
of  fact  submitted  to  a  jury,  so  far  as  the  matters  referred  are 
concerned.     When  submitted,  the  jury  shall  return  a  verdict  on 
each  exception  seriatim. 

§4114.  The  fees  of  the  Master  or  Auditor  shall  be  determined  His  fee*, 
by  the  court,  unless  agreed  on  by  the  parties. 


CHAPTER  IV. 

OF  THE  TRIAL  AND  ITS  INCIDENTS. 

Sbction.  I  Section. 

4115.  Trial  term — when.  4119.  Decree  for  specific  performance. 

4116.  Jury — when  necessary.  4120.  Special  verdicts  and  costs. 

4117.  Rules  of  evidence  and  practice.  4121.  New  trials — appeals. 

4118.  Bill  takemwo  con/esso.  \ 

§  4115.  The  trial  term  of  all  equity  causes  shall  be  the  second  Tnai  te.-m. 
term  after  service  has  been  perfected  on  all  the  parties. 

§  4116.  When  any  question  of  fact  is  involved,  the  same  shall  Jnry  trial- 
be  decided  by  a  special  jury,  selected  as  in  cases  of  appeals.     Ifsary!'"^*'^'' 
there  be  no  such  question,  or  the  master's  report,  unexcepted  to 
covers  all  such  questions,  the  Judge  may  render  a  decree  without 
the  verdict  of  a  jury. 

§4117.  The  rules  of  evidence  shall  be  the  same  as  in  trials  atEui^sof 
law,  and  the  rules  of  practice  as  to  continuance,  and  in  tlie   con-  pracu 


evi- 
dence BDd 


798  PT.  3.— TIT.  27.— Equity  Pleading  and  Practice. 


Chapter  4. — Of  the  Trial  and  its  Incidents. 


duct  of  the  cause  before  the  jury,  except  that  when  a  complain- 
ant rehes  solely  on  the  defendant's  answer,  he  shall  be  entitled  to 
open  and  conclude  the  cause. 
Biiuaken        §4118.  If  at  the  trial  term  uo  auswcr  has  been  tiled,  and  the 
^''^'""'      "complainant  has  not  in  his  bill  disclaimed  discovery,  and  no  suf- 
ficient excuse  is  rendered  for  tlie  nei2:lect  of  defendant,  the  facts 
char<i:ed  in  the  bill  shall  be  taken  as  confessed,  so  far  as  the  com- 
plainant (or  his  solicitor  in  his  al)sence)  will  swear  that  the  salne 
are  true,  or  accordiiifj  to  his  information  and  belief,  must  have 
l)een  admitted  to  he  true  by  the  defendant  in  an  honest  answer. 
antTfuii'ng  And  tlic  court  may  proceed  to  decree  thereon.     The  same  rule 
to  answer,    ^^^^^^j  ^^^  enforced  afi^ainst  a  complainant  who  fails  or  refuses  to 
res})ond  as  to  any  matter  set  up  in   defendant's  answer  and  of 
which  discovery  is  sought  from  complainant.     In  proper  cases  the 
court  may  compel  an  answer  by  attachment  fur  contempt. 
Decree  for        §4-119.  A  dccrcc  for  specitic  i)erformance  shall   operate  as  a 
fora'^w."^'  deed  to  convey  land  or  otiier  property  without  any  conveyance 
bcin<''  executed  by   the  vendor.     Such  decree,   certified  by  the 
Clerk,  shall  be  recorded  in  the  re<^istry  of  deeds  in  the  county 
where  the  huid  lies,  and  shall  stand  in  the  place  of  a  deed. 

S4120.  Special  verdicts  mav  be  found  by  the  jurv,  and  they 

Speclol  ver-         "  '  ,  ,  *  ,  .^       -•   *       T  .  i ' 

diets.  „^av  recommend  to  the  court  the  assessment  or  costs  upon   tlie 

Costa.         respective  parties.     It  is  the  province  of  the  chancellor,  however, 

to  determine  upon  whom  the  costs  shall  fall. 
New  trials        §  "^P^l-  Ncw  trials  may  bc  irranted  from  the  verdicts  of  juries 
Appeals       ill  eipiity  cases  in  like  manner  as  in  cases  at  Jaw.     ihit  there  shall 

be  no  appeal  from  the  verdict  of  the  jury. 


CHAPTER  \'. 

OF  DECREES  AND  THEIR  ENFORCEMENT. 
Section.  j  Section. 


4122.  A  decree  detiued. 
•1123.  Decrws  and  remedies. 

4124.  Execution. 

4125.  Attachmeuts  for  contempt. 


4126.  Transferable  like  judgment,-*. 

4127.  Enforcing  injimctions. 

4128.  Dormant  decrees — revival. 

4129.  Limitation  on  bills  of  review. 


What  is  a  d«- 
cree. 


^4122.  A  decree  in  chancery  is  the  judgment  of  the  chancellor 
upon  the  facts  ascertained,  and  should  be  signed  by  him,  and  en- 
tered on  the  minutes  of  the  court. 


FT.  3.— TIT.  27.— Equity  Pleadixg  and  Pkactice. 

Chapter  5.— Of  Decrees  and  their  Enforcement. 


§4123.  A  court  of  equity  has  full  power  to  mould  its   decrees  necreos  and 
so  as  to  meet  the  exigencies   of  each  case;  and  shall  have   f^^]i""^"^'''- 
power  to  enforce  its  decrees  when  rendeied. 

§4124.  A  decree  in  favor  of  any  party  for  a  specific  sum  of  r..e„tion 
money  or  for  regular  instalments  of  money,  shall  be  enforced  by  dec":""'' 
execution  against  the  person  or  property  as  at  law.     The  plaintiff 
in  such  execution  shall  be  the  person  actually  entitled  without 
regard  to  his  relative  position  in  the  cause.     The  defendant  in  »°'"'^"<^«- 
such  execution  shall  be  entitled  to  all  the  privileges  and  defences 
allowed  to  executions  from  a  judgment  at  law. 

§4125     Every  decree  or  o'rder  of  a  court  of  equity  may  be  A„aoh«,e„t 
enforced  by  attachment  against  the  i»erson  for  contempt    and  jf  ^'"■*'""^<^'"i" 
a  decree  be  partly  for  money  and  partly  for  the  performance  of  a 
duty,  the  former  may  be  enforced  by  execution,  and  the  latter  by 
attachment  or  other  process. 

§4126.  Adecreeinequityis  transferable  like  other  judgments,  T.nsrer 
and  when  for  money,  shall  have  a  like  lien.  ^ 

§4127.  Injunctions,  ne  exeat,  prohibition,  and  other  extraor-!!? 
dmary  remedies  may  be  enforced  also  by  attachment.  ^&s. 

§  412S.  Decrees    in  equity  for  the  payment  of  money  shall 
become  dormant  like  other  judgments  when  not  enforced  and^T""-^^ 
may  be  revived  upon  petition  and  notice,  without  a  bill  or  writ 
01  sare  facias: 

fI^T.^Tfj"T'  '^"^^  '^'  ^''""^^'^^    "^^^"'^  ^^--^  years  Lu.-,..„ 
from  the  date  of  the  decree  rendered,  or  from  the  time  of  the  vl'c'^"^'""- 
removal  of  the  disability  of  infancy,  coverture,  imprisonment  or 
msanity  from  the  person  complaining. 

CHAPTER  YI. 

OF  OTHER  PROCEEDINGS  IN  CHANCERY. 

S^'^^'O^-  iSECTIOK. 

4130.  Proceedings  by  petition.  I  4132    Notir-e     ,.-1  . 

4101    -tirK^i.  „      1      ,  ,  -i-Ao-.  xMotice — wlicu  necessary 

4131.  What  may  be  done  at  chamber.^.        413:5.  To  minors. 

^  4130.  All  proceedino-s  e,v  varte    or  in  +L«  ^,       ..-,., 

nrotectivP7.nw^v^    .f      1  '  ^    execution     of  the  Proceedings 

pi  otectue  power,  of  chancery  over  trust  estates,  or  the  estates  of'^^°""°" 
the  warc^  of  chancery,  may  be  presented  to  thecour^  b;p:tit  ^ 
only,  and  such  other  proceedings  be  had  therein  as  t  le  nee  sZ 
of  each  cause  shall  demand.  necessity 


800  PT.  3. — TIT.  27. — Equity  Pleading  and  Pkactice. 


Chapter  6. — Of  other  Proceedings  ia  Chancery. 


What  may        §  4131.  A  court  of  equity  is  always  open,  and  hence  tlie  Judge, 
chambers,    in  vacation  and  at  chambers,  may  receive  and  act  upon  such  pe- 
titions, always  transmitting  the  entire  proceedings  to  the  Clerk, 
to  be  entered  on  the  minutes  or  other  records  of  the  court. 

§  4132.  In  all  cases  of  applications  for  the  removal  of  trustees, 
or  tlie  sale  of  trust  property,  or  the  investment  of  trust  funds,  or 
similar  cases  where  any  person  is  interested  besides  the  applicant, 
notice  to  such  persons  must  be  shown  or  its  absence  accounted 
for  l)efore  the  court  shall  proceed  in  the  cause. 
TomiBois.  §  4133.  If  minors  are  interested,  and  they  have  no  guardians, 
guardians  ad  litem  must  be  appointed  and  notified  before  the 
cause  proceeds. 


Notice — 
when  neces- 
sary. 


TITLE  XXVIII. 

ARBITRATION  AND  AWARD. 


Chaptek  1.  Special  provisions. 
Chaptbr  2.  General  provisions. 


CHAPTER  I. 

SPECIAL  PROVISIONS. 

Abticle  1.  Of  the  submission. 

Akticle  2.  Of  the  organization  and  hearing. 

Akticle  3.  Of  continuances  and  adjournments. 

Article  4.  Of  the  evidence  and  witnesses. 

Article  5.  Of  the  powers  of  the  arbitrators. 

Article  6.  Of  the  rendition  and  effects  of  the  award. 

Article  7.  How  attacked. 

Article  8.  Of  costs  and  compensation  of  the  arbitrators. 


ARTICLE  I.    . 

OF  THE  SUBMISSION. 

Section'.  Sectiox. 

41?4.  Controversies  submitted.  4135.  Submission  must  be  signed. 

Controversy      §  4134.  All  pcrsons  having  matters  of  controversy,  whether  in 
Mb^itfo^n!*  suit  or  otherwise,  may  submit  the  same  to  arbitration,  and  any 


PT.  3.— TIT.  28.— CHAP.  1.— Arbitkation  and  Awaed.       801 

Article  1. — Of  the  Submission. 

personal  representative  of  any  decedent,  or  gnardian  of  any  in- 
fant, idiot,  Innatic  or  any  trustee,  may  submit  to  arbitration  any 
matter  of  controversy  touching  the  estate  or  property  of  such 
decedent,  idiot,  lunatic,  infant,  or  of  such  trust  estate  in  the  fol- 
lowing manner. 

§  4135.  All  such  submissions  to  arbitration  shall  be  in  writing,  submission 
and  shall  contain  a  clear  and  accurate  statement  of  the  matters  ^°^ittn^. 
in  controversy  submitted,  and  any  other  matter  that  may  be  per- 
tinent to  said  submission,  and  also  the  names  of  the  arbitrators 
chosen  by  the  parties.  Said  submission  shall  be  signed  by  the 
parties  or  their  agents,  and  when  so  signed,  shall  be  delivered  to 
one  of  the  arbitrators  chosen  by  the  parties,  and  wlien  this  is  done 
said  submission  shall  be  irrevocable,  except  by  consent  of  all  the 
parties. 


ARTICLE  II. 

OF  THE  ORGANIZATION  AND  HEARING. 

Section  i  Section. 

4136.  Must  be  three  arbitrators.  4139.  List  of  witnesses  to  be  fiirniished. 

4137.  How  chosen.  4140.  If  any  fail  to  attend. 

4138.  Shall  appoint  time  and  place.  |  4141.  Arbitrators  must  be  sworn. 

§4136.  Every  arbitration  under  this  provision  of  this  Code,  to  consist  of 
shall  be  composed  of  three  arbitrators,  one  of  whom  shall  be  ""'*^' 
chosen  by  each  of  the  parties,  and  one  by  the  arbitrators  chosen 
by  the  parties. 

§4137.  When  the  submission  is  delivered  to  the  arbitrators  h„^ ^.i^^^g^j, 
chosen  by  the  parties,  or  either,  such  arbitrators  shall  then  choose 
another  arbitrator,  whose  name  shall  be  inserted  in  the  submission. 

§  4138.  The  arbitrators  so  chosen  shall  then  appoint  their  time  Time  and 
and  place  of  meeting,  which  shall  be  as  soon  as  practicable,  con-  ^eetin-. 
sistent  with  a  proper  preparation  of  the  case,  and  the  parties 
shall  have  ten  days'  notice  of  such  time  and  place  of  meeting. 

§4139.  At  the  time  the  submission  is  made,  or  so  soon  there- List  of  wit- 
after  as  may  be  done,  the  parties  shall  furnish  the  abitrators  soSshed.^^ 
chosen,  or  one  of  them,  with  a  list  of  the  witnesses,  whose  testi- 
mony they  desire  to  be  before  said  arbitrators,  and  any  party 
neglecting  to  do  this  for  ten  days  after  said  submission  is  made, 
shall  not  be  entitled  to  delay  or  continuance  for  the  absence  of 
his  testimony  or  witnesses. 
51 


k 


802      PT.  3 —TIT.  28. — CHAP.  1.— Akbitration  and  Award. 


Article  2. — Of  the  Organization  and  Hearing. 


Ono  of  tbc. 
arbitrators 
failing  to 
attend. 


Arbitrator.- 
must  be 
Bworii. 


§  4140.  If  any  one  of  of  the  arbitrators  selected  bv  the  par- 
ties should  fail  to  attend  at  the  time  and  place  of  meeting;,  or  be 
,  disqualified,  the  party  whose  arbitrator  is  absent  or  disqualified, 
shall  then  choose  another  in  his  place,  and  if  the  arbitrator  chos- 
en by  the  arbitrators  is  absent  (»r  disqualified,  the  arbitrators 
chosen  by  tlic  parties  shall  cli<)0>e  another  in  his  place,  and  the 
arbitrators  so  chosen  !«hall  have  all  tlie  powers  of  the  arbitrators 
first  chosen. 

§  4141.  liefore  the  arbitrators  enter  upon  a  heariuu;  of  said  case, 
to  make  up  their  award,  they  shall  be  sworn  impartially  to 
determine  the  nuitters  submitted  t<»  them,  accordiu":  to  hiAv  and 
the  justice  and  equity  of  the  t-a.-e,  without  favor  or  afi'ection  to 
either  i)arty  ;  which  oath  they  may  administer  to  each  other. 


ARTICLK  III. 


Parties  n«l 
ready — ease 
po6t|>oneil. 


May  adjourn 
fr«in  day  to 
dar. 


OF  CONTINTANrKS  AN'D  AD.IOrRXMKNTS. 

Skxtiox.  Skctiox. 

il42.  P;irticrt  not  ready — poHlponcnR'Hi.      tllS.  Adjoiininionts. 

§4142.  When,  upon  the  meeting  of  the  arbitrators,  if  either 
party  shall  not  be  ready  for  trial,  the  arbitrators  may  postpone 
the  hearing;  of  the  case  to  a  future  day,  which  day  shall  be  as 
early  as  may  be  consistent  with  the  ends  of  justice,  considerinr^  all 
the  circumstances  of  the  case  ;  but  there  shall  not  be  more  tlian 
two  adjournments  of  the  case,  except  for  Providential  cause. 

§  4143.  After  the  arbitrators  shall  have  commenced  their  inves- 
tigations they  may  adjourn  from  day  to  day,  or  for  a  longer  time 
if  the  ends  of  justice  require  it,  until  their  investigations  are  com- 
pleted, and  they  have  made  up  their  award. 


AUTICLEIV. 


OF  THK  I'VIDKXCr:  AX'D  WITXE.^SKS. 


Section. 

4144.  Testimony  taken  by  eoniniission. 

4145.  Competency  of  witnc?r^. 


Skction. 
414G.   Kxaniination of  witnesses.  Ac. 


§4144.  Testimony  mav  be  taken  by  commission   under  the 

Tcstinionv  "  .  ,       "  ,  j  i  •  i 

mayboti-    gftme  circumstaiices,    m   the  same    manner,  and  subiect  to  the 

ken  by  com-  ,  i  i       .  i  -i      j    i 

mission,      game  rules  and  regulations  as  are  now  or  may  he  prescribed  by 
law  for  the  taking  of  testimony  by  commission  in  the  Superior 


PT.  3.— TIT.  28.— CHAP.  1.— Arbitration  and  A\\  ard.       803 


Article  t. — Of  the  Evidence  and  Witnesses. 


Courts,  saving  only  that  the  original  interrogatories  shall  be  tiled 
with  one  of  the  arbitrators  and  the  commission  issue  by  one  of 
the  arbitrators,  and  the  testimony,  when  taken,  shall  be  directed 
to  the  arbitrator  who  issued  the  commission. 

§4:146.  All  free  white  persons  who  have  arrived  at  sufficient  competency 
age  to  understand  the  obligations  of  an  oath,  and  are  not  idiots  "^ "'^"'^****' 
or  lunatics,  including  also  the  i)arties  to  said  submission,  shall  be 
competent  as  witnesses  in  all  cases  before  said  arbitrators,  saviuf*- 
only  that  the  wife  shall  not  be  a  witness  for  or  against  the  hus- 
band, nor  the  husband  for  or  against  the  wife,  except  in  cases 
where  the  same  is  allowed  by  law. 

§  4140.  The  examination  of  witnesses  and  the  admission  of  tes-  Kxaminiv- 

^-  1111  111  1  .1^  t'on  of  Wlt- 

tnnony  shall  be  governed  l)y  tiie  rules  ot  the  Superior  Courts,  nesses— ad- 

,,..--  ^  '  mission  of 

except  as  herein  provided.  evidence. 


ARTICLE  Y. 

OF  THK  POWERS  OF  TIIK  ARBITRATORS. 

Section.  Seotion. 

4147.  Powers  of  arbitrators.  4149.  Administer  oaths  to  witnesses,  &c. 

4148.  May  compel  production  of  books,  Ac,  4150.  Tf  all  do  not  attend,  two  may  act. 

§4147.  The  arbitrators  shall  be  clothed  with  all  the  powers  of  May  comp«i 
the  Superior  Courts  to  compel  the  attendance  of  witnesses  before  of  wun^s'ses. 
them,  and  also  to  compel  them  to  testify,  and  any  one  of  said  ar- 
bitrators shall  have  power  to  issue  subpo'iias  requiring  the  atten- 
dance of  witnesses  at  the  time  and  place  of  their  meeting,  which  compensa- 
subpoenas  shall  be  served  in  the  manner  pointed  out  by  law  for  ncs""!'"'^" 
the  service  of  subpwnas  in  cases  pending  in  the  Superior  Courts, 
and  witnesses  so  attending  shall  be  entitled  to  the  same  compen- 
sation as  witnesses  attending  Superior  Courts,  and  it  may  be  collec- 
ted in  the  same  manner. 

§4148.  Said  arbitrators  shall  be  clothed  with  all  the  powers  of  May  compel 
the  Superior  Courts  to  compel  parties  to  produce  books  and  all  tum  ofto"ok. 
other  papers,  which  they  may  deem  necessary  and  jn-oper  for  the  *'^" 
investigation  of  the  matters  submitted  to  them,  giving  to  the  par- 
ty, his  agent  or  attorney,  from  wliom  the  production  is  required,  ^'^"•''"^ '" 
such  notice  as  is  required  in  the  Superior  Courts  for  the  produc- 
tion of  papers. 

§4140.  Said  arbitrators  shall  have  power  to  administer  oaths  y^y  aJmin- 
to  witnesses  and  all  other  oaths  that  may  be  necessary  for  carry- ' 
ing  the  provisions  of  this  chapter  into  full  eftect. 


804r      PT.  3.— TIT.  28.— CHAP.  1.— Arbitration  and  Award. 


Article  5. — Of  the  Powers  of  the  Arbitrators. 


Two  may         §4150.  If  the  arbitrators  so  chosen  shall  fail  to  agree  upon  an 
award.         award,  then  any  two  of  them  may  make  an  award,  which  shall 
have  the  same  force  and  effect  as  if  made  by  all  three  of  them. 


ARTICLE  VI. 

OF  THE  RENDITION  AND  EFFECT  OF  THE  AWARD. 
Section  4151.  Rendition  and  effect  of  award. 

Copy  to  be  §4151,  After  the  arbitrators  shall  have  made  up  their  award, 
parti"e^^'"^they  shall  furnish  each  of  the  parties  with  a  copy  thereof,  and  re- 
tnrnidto''  tum  the  Original  award  to  the  next  Superior  Court  of  the  county 
court.'*"^  where  the  award  was  made,  and  said  award  shall  be  entered  on 
the  minutes  of  said  court,  and  shall  iiave  all  the  force  and  effect 
of  a  judgment  or  decree  of  said  court  and  may  be  enforced  in  the 
Effect  of      same  manner  at  any  time  after  the  adiournment  of  said  court,  and 

award  J  >'  ' 

shall  be  final  and  conclusive  between  the  parties  as  to  all  matters 
submitted  to  the  arbitrators,  unless  objection  should  be  pleaded 
to  the  same  as  provided  in  the  next  section  of  this  Code. 


AKTICLE  VII. 

HOW  ATTACKED. 

Section.  Skctio;:. 

4152.  Award — liow  attaciced  andpro'd'8.|  4153.  Verdict  of  jury  and  proceedings. 

Frauds  may      §4152.  When  Said  award  shall  have  been  returned  to  said 

be  Buggcwted  .  ,  •  j     j    •         i 

at  the  return  court  and  entered  upon  its  minutes,  as  provided  in  the  previous 
section  of  this  Code,  either  of  the  i>arties  may  suggest,  on  oath, 
at  the  term  to  which  said  award  is  returned,  that  the  award  was 
the  result  of  accident,  or  mistake,  or  the  fraud  of  some  one  or 
all  of  the  arbitrators  or  parties,  or  is  otherwise  illegal.     Where- 
upon the  court  shall  cause  an  issue  to  be  made  up,  which  issue 
Issue  tried    ^^^^^^  ^^  tried  by  a  special  jury  under  the  same  rules  and  regula- 
by  a  special  ^ious  as  are  prescribed  for  the  trial  of  appeals ;   which  trial  shall 
be  had  at  the  same  term  of  the  court  at  which  the  suggestion  is 
unued  fo?°"  made,  unless   good  cause   be  shown  for   a  continuance,   when 
one  term.     ^^^^  ^^^^^^  ^^^^^^  ^^^  coutiuued  for  one  term  only,  except  for  Provi- 
dential causes. 
Verdict  of        §4153.  If  upon  the  trial  of  such  issue  the  jury  shall  return  a 


the  jury. 


verdict  finding  against  said  award  on  the  specifications  made  in 
the  issue  submitted,  the  court  shall  forthwith  pass  an  order  va- 


PT.  3.— TIT.  28.— CHAP.  1.— Arbitration  and  Award. 


805 


Article  7.— How  Attacked 


eating  and  setting  aside  said  award  ;  but  if  the  jurj  shall  not  so  order  of  tho 
Imd,  said  award  shall  remain  in  full  force  as  provided  in  the  pre-'"""^' 
vious  section  of  this  Code,  and  shall  be  final  and  conclusire 
unless  the  judgment  of  the  Superior  Court  on  tlie  trial  of  such  flnKU 
issue  be  reversed  by  the  Supreme  Court.  ''^'"'^' 


ARTICLE  YIII. 

OF  COSTS  AND  OOMPENSATIOX  OF  ARBITRATORS. 
Sectiox.  Section. 

4154.  Clerk's  fees  for  his  services.  4156.  Compensation  of  Arbitrators,  &c. 

4155.  The  costs  may  be  taxed,  &c. 

§4154.  For  each  award  entered  upon  the  minutes  of  the  Su-  cierkv  fees 
perior  Court,  the  Clerk  shall  be  entitled  to  the  same  pay  now 
allowed  by  law  for  the  entering  of  judgment  in  other  cases,  to 
be  paid  by  the  parties  as  direqted  in  said  award. 

§4155.  The  arbitrators  shall  return  in  tlieir  award  the  costs  of  cost^how 
the  case,  which  tliey  may  tax  against  either  party,  or  a  part'"'"' 
against  one  and  a  part  against  tlie  other,  according  as  they  may 
think  just  and  right. 

§4156.  The  arbitrators  shall  have  such  compensation  for  their  Con^pons.- 
seryices  as  may  be  agreed  upon  by  themselves  and  the  parties,  tXfi''*- 
which  shall  be  paid  equally  by  the  parties,  or  included  in  thean7Sct. 
judgment  or  decree  of  the  court  to  whicli  said  award  is  returned''" 
as  part  of  the  costs  in  said  case,  and  if  the  parties  fail  to  agree 
on  the  amount  so  to  be  paid,  the  court  to  which  said  award  is  re- 
turned shall  direct  an  issue  (as  to  tlie  amount  of  the  fee)  to  be 
formed  between  the  parties  and  the  arbitrators,  which  shall  be 
tried  by  a  special  jury,  whose  verdict  shall  be  final  and  conclu- 
sive   unless  reversed,  and  the  subsequent  proceedings  thereon 
shall  be  the  same  as  in  cases  of  appeal. 

CHAPTER  II.  "   - 

GENERAL  PRINCIPLES. 

S«<^™^-  ISection. 

4157.  Any  number  of  arbitrators.  ,1  4158.  Submissions  when  suit  is  peudiug. 


§4157.  Nothing  in  the  preceding  chapter  contained  shall  pre-  pS" 
vent  any  of  the  parties  named  in  the  first  section  thereof   from'^-"t 
submitting  any  and  all  matters  of  controversy  to  the   arbitra- F F^^" 


806  PT.  3.— TIT.  28.— Arbitration  aub  Award. 

Chapter  2. — General  Provisions. 

ment  and  award  of  any  number  of  arbitrators,  as  provided  bj 
this  Code,  whether  the  same  be  in  suit  or  otherwise ;  and  when 
so  submitted,  the  proceedings  shall  be  governed  by  the  provi- 
sions of  this  Code  and  the  common  law. 
Submission       §4158.  lu  all  matters  submitted  to  reference  by  parties  in  a 
^n^ding.'' "  ^"^^5  under  a  rule  of  court  or  other  agi-eement  in  writing,  signed 
by  the  parties,  (except  as  hereinbefore  provided)  judgment  shall 
be  entered  up  by  the  party  in  whose  favor  the  award  is  given, 
and  execution  shall  issue  for  the  nums  awarded  to  be  paid  as 
they  respectively  become  due,  and  to  be  levied  on  the  property 
Proceedings  of  the  l>arty  against  whom  the  judgment  shall  have  been  entered 
up,  and  such  other  proceedings  shall  be  had  thereon  by    the 
court  as  in  cases  of  judgments  entered  upon  verdicts  of  juriee. 


TITLE  XXIX. 

PRACTICK  IN  CONNECTION  WITH  .Sl-PRKMK  COURT. 

Chapter  1.  Of  bills  of  exceptions  and  writs  of  error. 
Chapter  2.  Of  proceedings  in  Supreme  Court. 


CHAPTER  I. 

OF  BILLS  OP  EXCEPTIONS  AND  WRITS  OF  ERROR. 

Section.  Sectio.k. 

4159.  VThQn  a  writ  of  error  lies.  ,  4167.  Notice — how  served. 

4160.  Bill  of  exceptions.  !  4168.   /> /xirte  proceedings. 

4161.  Tenderinp  and  certifying.  |  4169.  Criminal  cases — proceedings  in. 

4162.  Exceptions  pendente  lite.  j  4170.  Bill  of  exceptions — how  filled. 

4163.  Judge  removing,  dead  or  absent,     '.  4171.  Operates  as  a  supersedeas — when. 

4164.  Death  of  either  party.  '  4172.  Clerks  and  Sheriffs — failing  in  duty. 

4165.  Judge  refusing  to  certify.  I  4173.  Filing  papers  in  the  Supreme  Oowt. 
416G.  Failing  to  certify.  j 

▼he»»writ     §4159.  No  cause  shall  be  carried  to  the  Supreme  Court  upon 

**  •'■'^  "**•  any  bill  of  exceptions,  so  long  as  the  same  is  pending  in  the 

court  below,  unless  the  decision  or  judgment  complained  of,  if 

it  had  been  rendered  as  claimed  by  the  plaintiff  in  error,  would 

have  been  a  final  disposition  of  the  cause.     But  at  any  stage  of 

wlptlo^i/*'  the  cause,  either  party  may  file  his  exceptions  to  any  decision, 

wuM."^*^*'  sentence  or  decree  of  the  Superior  Court;  and  if  the  same  is 

certified  and  allowed,  it  shall  be  entered  of  record  in  the  cause ; 

and  should  the  case  at  its  final  termination  be  carried  by  writ  of 


PT.  3.— TIT.  29.— Supreme  Ck)UKT  Practice.  80? 

Chapter  1. — Of  Bills  of  Ilxception  and  "Writs  of  Error. 

error  to  the  Supreme  Court  by  either  party,  error  may  be  as- 
signed upon  such  bills  of  exception,  and  a  reversal  and  new  trial 
may  be  allowed  thereon  when  it  is  manifest  that  such  erroneous 
decision  of  the  court  has  or  may  have  affected  the  final  result  of 
the  case. 

§4160.  Either  party  in  any  civil  cause,  and  the  defendant  inBuiofex- 
any  criminal  proceeding  in  the  Superior  Courts  of  this  State, 
may  except  to  any  sentence,  judgment,  decision  or  decree  of  such 
court,  or  of  the  Judge  thereof,  in  any  matter  heard  at  cham- 
bers. Such  bill  of  exceptions  shall  specify  plainly  the  decision 
complained  of,  and  the  alleged  error,  and  shall  be  signed  by  the 
party,  or  his  attorney  or  solicitor. 

§4161.  Such  bill  of  exceptions  shall  be  tendered  to  the  Judge  TenderiM; 
who  presided  in  the  cause  within  thirty  days  from  the  adjourn- ing. 
ment  of  the  court,  or  the  date  of  the  decision  at  chambers, 
and  if  the  same  is  true  and  contains,  in  connection  with  the 
the  transcript  of  the  record,  all  the  facts  necessary  to  the  under- 
standing and  adjudication  of  the  alleged  error,  the  said  Judge 
shall  sign  and  certify  the  same,  substantially  as  follows  :  ""I  do  writ  of  er- 
certify  that  the  foregoing  bill  of  exceptions  is  true,  and  contains 
all  the  evidence  material  to  a  clear  understanding  of  the  errors 
complained  of,  and  the  Clerk  of  the  Superior  Court  of  the  county 
of  is  hereby  required  and  ordered  to  make  out  a  complete 

copy  of  the  record  of  said  case,  and  certify  the  same  as  such,  and 
cause  the  same  to  be  transmitted  to  the  term  of  the 

district  of  the  Supreme  Court,  that  the  errors  alleged  to  have 
been  committed  may  be  considered  and  corrected."  This  certi- 
ficate shall  be  the  writ  of  error. 

§4162.  Exceptions  tendered  before  the  final  hearing  or  judg-gjoeptione 
ment  for  the  mere  purpose  of  being  made  a  part  of  the  record,  f^v^'"** 
shall  be  certified  to  be  true  by  the  Judge,  and  ordered  to  be 
placed  on  the  record.     Such  exceptions  must  be  tendered  during 
the  term. 

§4163.  If  the  Judge  trying  the  cause  resigns,  "or  otherwise  judge  re- 
ceases  to  hold  his  office  as  Judge,  when  the  bill  of  exceptions  is™*'^^^. 
tendered,  he  may  nevertheless  sign  and  certify  as  above.     And  if     ,  . 
he  should  die  before  certifying  tlie  same,  or  otherwise  becomes  in- 
capable of  acting,  then  the  party  may  verify  his  bill  of  exceptions 
by  his  own  oath,  or  that  of  his  attorney,  together  with  the  oath  of 
at  least  one  disinterested  member  of  the  bai:  who  was  present  at 
the  trial.     And  such  verifications  shall  operate  in  the  same  man-&^*^^*°*' 


808  PT.  3.— TIT.  29.— SuPKEME  Court  Practice. 


Chapter  1. — Of  Bills  of  Exception  and  Writs  of  Error. 


ner  as  the  certificate  of  the  Judge.  If  the  Ju'dge  is  absent  from 
home,  or  by  other  casualty  fails  to  certify  the  bill  of  exceptions 
within  the  time  specified  (and  without  fault  of  the  party  tendering) 
he  may  still  sign  and  certify  as  soon  as  possible,  which  shall  be 
held  and  deemed  valid. 

§  4164.  If  either  party  dies  between  the  hearing  and  the  ten- 
dering of  the  bill  of  exceptions,  the  J  udge  shall  nevertheless  sign 
and  certify  the  same,  and  parties  shall  be  made  in  the  Supreme 
Court  as  in  other  cases ;  the  notices  required  in  such  cases  to  be 
given  and  received,  may  be  given  and  received  by  the  attorneys 
of  the  respective  parties  though  such  parties  l)e  dead. 

§4165.  If  the  Judge  shall  determine  that  the  bill  of  exceptions 


Party  dying. 


Notices. 


Judge  refu- 


sing to  c«r-  is  not  true,  or  does  not  contain  all  the  necessary  facts,  he  shall  re- 
turn the  same  within  ten  days  to  the  party,  or  his  attorney,  with 
his  objections  to  the  same  in  writing.  If  these  objections  are 
met  and  removed,  the  Judge  may  then  certify,  specifying  in  his 
certificate  the  cause  of  the  delay.     If  the  Judge  sees  proper,  he 

^thcrparty.  ^^^^J  ordcr  uoticc  to  the  opposite  party  of  the  fact  and  time  of 
tendering  the  exceptions,  and  may  hear  evidence  as  to  the  truth 
thereof. 

jadM&u-        §4166.  If  from  any  cause  the  l)ill  of  exceptions  is  not  certified 

**.  '*°"  by  the  Judge  Avithout  fault  of  the  party  tendering,  such  party  or 
his  attorney  shall  apply  at  the  next  term  of  the  Supreme  Court, 
wlierever  it  may  be,  and  on  petition  obtain  from  said  court  a 

ni'^f""""'  'i^i<J'i^damus  ni  si  directed  to  such  Judge.  Such  petition  must 
set  out  substantially  the  bill  of  exceptions  tendered,  and  shall 
be  verified  by  the  attorney  as  to   the  truth  of  the  bill  as  ten- 

Bervice  dered,  and  b}'  the  party  or  his  attorney  as  to  the  other  facts  sta- 
ted thererein.  The  mandamus  ni  si  shall  be  served  by  some 
Sheriff  of  this  State,  and  his  return  made  to  the  Clerk  of  the  Su- 
preme Court.  It  shall  be  returnable  at  some  term  of  the  Su- 
preme Court,  at  which  term  the  court  shall  consider  and  deter- 

jodges  reg- j^'jj^  ^^^  Validity  of  the  reasons  given  by  the  Judge  for  his  fail- 
ure or  refusal,  but  in  no  case  shall  a  traverse  as  to  the  truth  of 
such  return  of  the  Judge  be  allowed.  If  the  reasons  be  insufli- 
cient,  or  the  Judge  fails  or  refuses  to  make  any  return  to  the  ina/n- 
damus  nisi,  the  Supreme  Court  shall  issue  a  7??a«^am?/* absolute 

Mandamus  i        t     -i  •  i  •!•     j.i       i  -ii      x-  ,.• 

absoiate.  commaudmg  the  Judge  to  sign  and  certify  the  bill  of  exception^. 
If  he  still  refuses  so  to  do,  the  cause  shall  be  heard  by  the  Su- 
preme Court  on  the  exceptions  as  verified  in  the  petition  for 
mandainus. 


PT.  3.— TIT.  29.— Supreme  Court  Practice.  809 

Chapter  1. — Of  Bills  of  Exception  and  Writs  of  Error. 

§  4167.  AVithin  ten  days  after  the  bill  of  exceptions  is  sia;ned  sernce  of 

*-  •'  ^  ^-  copy  on  de- 

and  certified,  the  party  plaintiff  therein,  shall  serve  a  copy  there- Pendants, 
■of  upon  the  oposite  party  or  his  attorney,  and  if  there  be  several 
parties  with  different  attorneys,  upon  each,  with  a  return  of  such 
service  (or  acknowledgement  of  service)  endorsed  upon  or  annexed 
to  such  bill  of  exceptions,  and  they  alone  are  parties  defendant  in 
the  Supreme  Court  who  are  thus  served. 

§4168.  If  the  proceeding  in  the  court  below  be  ex  pat'te.  a.nd^^  pa >^f 

"        ^  •_  ~        ^  _  x^  '  proceedings. 

there  is  no  opposite  party,  notice  to  no  one  is  necessary.     In  ca- 
ses of  interpleader  or  otherwise,  where  the  real  contestant  is  not  real  contes- 
the  opposite  party  on  the  record,  notice  shall  be  given  to  such 
real  contestant,  in  addition  to  the  copy  served  as  above. 

§4169.  In  a  criminal  case,  the  copy  bill  of  exceptions  shall  be  in  criminal 
served  upon  the  Attorney  or  Solicitor  General,  as  the  case  may*^*^*" 
be,  or  upon  a  Solicitor  General ^>ro  ^c;/?.  who  tried  the  cause,  if  he 
is  still  acting  under  the  appointment. 

§4170.  AVithin  fifteen  days  from  the  date  of  the  certificate  of  Filing  in 
the  Judge,  the  bill  of  exceptions  shall  be  filed  in  the  office  of  the 
Clerk  of  the  court  where  tlie  case  was  tried  ;  and  in  ten  days  from 
the  date  of  such  filing,  it  shall  be  the  duty  of  the  Clerk  to  make 
out  a  copy  of  such  bill,  together  with  a  complete  transcript  of  the 
record  in  such  cause.     Such  transcript,  togrether  with  the  original  ©lerk's  duty 

...  J.    '       t?  ?:>  — traBscript. 

bill  of  exceptions,  the  Clerk  shall  transmit,  together  M-itli  a  cer- 
tificate that  the  same  is  the  true,  original  bill  of  exceptions,  and  a 
time  and  complete  transcript  of  the  record  in  such  case,  to  the 
next  term  of  the  Supreme  Court,  as  required  in  the  Judge's  cer- 
tificate, directing  the  same  to  the  Clerk  of  the  said  court.  The  exMptt«*' 
copy  bill  of  exceptions  shall  be  retained  in  the  office  of  the  Clerk 
of  the  Superior  Court. 

§4171.  The  bill  of  exceptions  thus  filed  shall  operate  as  a  su- sktperse- 
persedeas  upon  the  plaintiff  in  error  complying  with  the  follow- 
ing terms  :  In  a  civil  cause,  the  party  shall,  on  or  before  filing  the 
bill  of  exceptions,  i>ay  all  costs,  and  by  himself,  his  agent  or  at- 

/  '  •         1  1  In  civil  ca- 

torney  in  fact  or  at  law,  give  bond  with  good  security,  payable  s^s. 
to  the  opposite  party,  and  conditioned  for  the  payment  of  the 
eventual  condemnation  money,  and  all  subsequent  costs,  which 
bond  shall  be  attested  and  approved  by  the  said  Clerk.  Or  he  ^°°''" 
may  file  an  affidavit  with  the  said  Clerk,  stating  that  he  is  una- 
ble from  his  poverty  to  pay  the  costs  and  give  the  security  for 
the  eventual  condemnation  money,  and  that  his  counsel  has  ad- 
vised him  that  he  has  good  cause  for  a  writ  of  error,  which  af- 


810 


1*T.  3. — TIT.  29. — Supreme  Court  Practice. 


Chapter  1. — Of  Bills  of  Exception  and  Writs  of  Error. 


Informa 
pauperis 


fidavit  shall  operate  as  if  the  costs  M'cre  paid  and  bund  given.  lo 
a  criminal  cause,  where  the  offence  is  bailable,  the  defendant  shall 
enter  into  a  recognizance  before  the  said  Clerk,  with  security  to 
be  approved  by  him,  in  a  sum  to  be  lixed  by  the  presiding  Judge, 
conditioned  for  the  personal  appearance  of  such  defendant,  to 
abide  the  final  order,  judgment  or  sentence  of  said  court.  If  the 
offence  is  not  bailable,  the  Judge  shall  order  a  supersedeas  at  the 
time  of  filing  the  bill  of  exceptions.  If  the  party  is  unable  from 
his  poverty  to  give  the  recognizance,  the  Judge  shall  order  a  su- 
2)ersedeas  upon  the  tiling  of  an  aftidavit  as  provided  in  civil  cases^ 
but  the  defendant  shall  not  be  set  at  liberty  without  the  recog- 
nizance. 

§4172.  If  any  Sheriff,  or  Clerk,  or  other  officer  shall  fail  to^ 
discharge  any  duty  required  of  him  in  connection  with  the  fore- 
going provisions,  upon  petition  the  Supreme  Court,  or  the  Judge 
of  the  Superior  Court  may  compel  the  performance  of  Buch  duty 
by  mandamns ;  and  no  suitor  shall  lose  any  right  by  reason  of 
the  failure  of  such  ofticers  to  discharge  their  duties,  where  he  has 
been  guilty  of  no  fault  himself,  and  has  exercised  ordinary  dil- 
igence to  secure  their  discharge  of  duty. 

§  4173.  The  papers  transmitted  to  the  Supreme  Court  may  be 

preme  Court  tiled  at  any  time  before  the  court  has  completed  the  docket  for 
tiiat  circuit  at  that  term.  If  they  arc  not  filed  by  that  time,  the 
judgment  of  the  court  below  shall  stand  affirmed  (unless  the 
plaintiff  is  protected  under  some  one  of  the  foregoing  provisions) 
and  shall  be  so  entered  in  that  court  upon  the  production  of  the 
certificate  of  one  of  the  Judges  of  the  Supreme  Court,  under  tl^e 

Effect  of  seal  of  the  court,  as  to  the  fact  of  the  failure  to  file  the  papers 
in  the  time  required. 


In  criminal 
eases. 


Inform  a 
pauperi) 


Mandamus 
T8.  Clerk  or 
Sheriff. 


Suitors  not 
t«)  puffer. 


Time  of 
tiling  In  Su 


feilare. 


CHAPTER  11. 


OF  PROCEEDINGS  IN  THE  SUPREME  COURT. 


Section. 
4114.  Order  of  docketing  cases. 
Time  of  docketing  cases. 


4175. 
4176. 
4177. 
4178. 
4179. 


Decisions  at  the  first  term. 
Making  parties. 
If  the  record  is  incomplete. 
Judges  dissenting. 


4180.  Decision  and  future  direction. 


Section. 

4181.  Remitter. 

4182.  Damages. 

4183.  Execution  may  issue — when. 

4184.  Amendments. 

4185.  Transcript  to  be  filed. 

4186.  Attorneys  liable  for  coeU*. 

4187.  Taxing  cost. 


PT.  3.— TIT.  29.— Supreme  Court  Practice.  BU 

Chapter  2. — Of  Proceedings  in  the  Supreme  Court. 
5  4174.  All  causes  shall  be  docketed  by  circuits  in  the  order  in  order  of 

/^i      1  1        /-(  11  docketing 

which  they  are  received  by  the  Clerk,  and  the  Clerk  shall,  at  least 

one  month  prior  to  the  session  of  each  term,  publish  in  two  pub-  lil^t^on.^"^' 

lie  gazettes  at  the  place  where  the  court  shall  sit,  the  order  in 

which  the  respective  circuits  of  that  district  will  be  docketed  for 

a  hearing. 

§  4175.  The  docket  shall  be  open  for  the  reception  of  causes  so  Tii>.e  of 
long  as  the  cases  from  the  circuit  whence  they  came  are  being  '^*'*'''*^°f- 
heard,  but  when  the  docket  for  that  circuit  is  closed,  no  cause 
shall  be  received  except  by  special  order  of  the  court  on  proper 
cause  shown. 

§4176..  The  Supreme  Court  shall  proceed  to  hear  and  determ- p^^igi^n  ^t 
ine  at  the  first  term  (unless  prevented  by  Providential  cause)  all  ^"^  **'™" 
cases  properly  docketed,  and  with  the  records  made  up  ready  for 
a  hearing.     And  no  continuance  shall  be  allowed  except  for  continuance 
Providential  cause. 

§4177.  Should  any  party  die  after  the  bill  of  exceptions  has  Making  fu- 
been  signed  and  certified,  the  death  being  suggested  of  record  in  "^*" 
the  Supreme  Court,  parties  shall  be  made  by  scire  facias,  in  the 
manner  heretofore  prescribed  by  the  rules  of  said  court. 

§4178.  If  the  transcript  of  the  record  is  incomplete  in  a  ma-ifthe,e«ora 
terial  point,  the  fact  being  suggested  on  the  oath  of  the  party  or  pieu!**™' 
his  counsel,  the  cause  shall  be  postponed  and  a  mandamus  issued 
requiring  the  Clerk  to  complete  the  transcript.     If,  however,  the 
other  party  will  admit  the  existence  and  eflTect  of  the  omitted  Admission 

"^  .     ,  of  opposite 

record,  such  admission  in  writing,  shall  constitute  a  part  of  the  p^'^^- 
record,  and  the  cause  shall  proceed  to  a  hearing.  If  the  Clerk  rc- 
refuses  to  send  up  any  of  the  papers,  the  plaintiff  in  error  or  his 
counsel,  may  apply  to  any  one  of  the  Judges  of  the  Supreme  Mwidanms 
Court  in  vacation  and  obtain  a  ma/mlamus  ni  »i  against  said  Clerk, '°  "»<■*"'"'• 
and  returnable  to  the  term  of  the  court  where  the  case  should  be 
tried  ;  and  for  a  continued  failure  or  refusal,  the  Supreme  Court  attachment 
may  attach  the  Clerk  for  contempt.  for  contempt 

§4179.  If  the  court  is  not  unanimous  in  its  decisions,  theJndgeBdis- 
Judges  shall  deliver  the  opinions  seriatim,  but  they  shall  not  be  "*"  ^^' 
required  to  write  them  out.  The  opinion  of  the  majority  shall 
decide  each  question.  If  but  two  Judges  preside,  and  they  are 
divided  in  opinion,  the  cause  shall  be  re-argued  before  the  remain- 
ing Judge,  with  a  full  bench,  ere  the  term  closes,  if  possible.  If 
not  possible,  the  judgment  of  the  court  below  shall  stand  affirm- 
ed, upon  the  certificate  of  the  fact  of  the  division  of  the  court, 


812  PT.  3.— TIT.  29.— Supreme  Court  Practice. 


Chapter  2. — Of  Proceedings  in  the  Supreme  Court. 


unless  the  Judge  is  absent  from  Providential  cause,  in  which 
event  the  cause  shall  stand  continued. 
Decision.         §  4180.  The  decision  in  each  cause  shall  be  entered  on  the 
minutes,  and  it  shall  be  within  the  power  of  the  Supreme  Court 
too^dirlc-''  to  award  such  order  and  direction  to  the  cause  in  the  court  below 
*'*"*•  as  may  be  consistent  with  the  law  and  justice  of  the  case. 

Remitter.        §  4181.  The  dccision  of  the  court,  and  any  direction  awarded 
in  the  case,  shall  be  certified  by  the  Clerk  to  the  court  below, 
under  the  seal  of  the  Supreme  Court,  and  shall  be  respected,  and 
in  good  faith  carried  into  full  effect  by  the  Superior  Court.     The 
remitter  shall  contain  nothing  more,  except  the  costs  paid  in  the 
Supreme  Court. 
Damages  in      §  4182.  Ten  per  cent,  damages  may  be  awarded  by  the  Supreme 
nrmance.     Court  upon  any  judgment  for  a  sum  certain,  which  has  been  car- 
ried to  said  court,  and  there  aflSrmed ;  Provided,  in  their  opin- 
ion, the  cause  was  taken  up  for  delay  only,  and  it  shall  be  so  en- 
tered in  the  remitter. 
Judgment        §4183.  If  tlic  judgment  below  is  afiirnied,  upon  filing  the  re- 
cxecution  at  mittcr  witli  tlic  Clerk  of  the  Superior  Court  in  vacation,  the  su- 
persedeas shall  cease,  and  execution  shall  issue  at  once  for  the 
amount  of  the  original  judgment. 
Bill  of  ex-        S  4184.  The  bill  of  exceptions  mav  be  amended  in  the  Supreme 
amondabie.  Court,  SO  as  to  couform  to  the  record  in  the  cause. 
Transcripts       §  4185.  The  trauscript  of  the  record  shall  not  be  recorded  by 
the  Clerk  of  the  Supreme  Court,  but  shall  be  carefully  labelled 
and  filed,  so  as  to  be  easily  found  when  needed. 
Attorney         §4186.  The  attomcy  representing  the  plaintift^'s  cause  shall, 
costs.  in  all  cases,  be  responsible  for  the  costs  in  the  Supreme  Court. 

If  there  is  a  judgment  of  reversal,  the  plaintiff  in  error  shall  be 
Judgment    entitled  to  a  iudgment  for  the  amount  of  such  costs  against  the 

against  other  J        o  o 

»»rty.         defendant  in  error,  so  soon  as  the  remitter  is  returned  to  the  court 

below. 
Taxing  costs     §4187.  At  the  close  of  each  judgment  on  the  minutes,  the 

Clerk  shall  tax  his  costs,  subject  to  revision  by  the  Judges  of  the 

Supreme  Court,  and  the  costs  so  taxed  shall  be  entered  as  a  part 

of  the  remitter. 


PT.  4.— TIT.  1.— Penal  Code. 


813 


Division  1. — Persons  capable  of  committing  Crimes. 


PART  IV. 

PENAL    LAWS 


TITLE  I. 


PENAL  CODE. 


Division 

J. 

Division 

2. 

Division 

3. 

Division 

4. 

Division 

5. 

Division 

6. 

Division 

7. 

Division 

8. 

Division 

9. 

Division  10. 

Division  11. 

Division 

12. 

Division  13. 

Division  14. 

Division 

15. 

Division 

16. 

Persons  capable  of  committing  crimes. 

Principals  and  accessories. 

Crimes  against  the  State  and  people. 

Crimes  against  the  person. 

Crimes  against  the  habitation. 

Crimes  relative  to  property. 

Forging,  counterfeiting,  and  unlawful  currency. 

Crimes  against  public  justice. 

Against  public  peace  and  tranquility. 

Against  public  morality,  health,  police  and  decency. 

Cheats  and  swindlers. 

Fraudulent  or  malicious  mischief. 

Offences  relative  to  slaves. 

Indictments  and  proceedings  to  execution. 

Contempts  of  court  and  attempts  to  commit  crimes. 

Proceedings  in  preliminary  courts. 


FIRST  DIVISION. 

PERSONS  CAPABLE  OF  COMMITTING  CRIMES. 


Section. 

4188.  Crime — definition. 

4189.  Intention. 

4190.  Infants,  14  years — liable. 

4191.  Under  10 — incapable. 

4192.  Lunatics. 

4193.  Idiots. 

4194.  Aiders  and  abettors  instead. 
1195.  If  Insanity  is  pleaded. 


Section. 

4196.  Married  women. 

4197.  Drunkenness — when  excuse. 

4198.  Misfortune  or  accident. 

4199.  Slaves  under  coercion. 

4200.  Slaves  under  persuasion. 

4201.  Attempt  to  persuade. 

4202.  Persons  under  fear. 

4203.  Felonv— what  is. 


§  4188.  Sec.  I.  A  crime  or  misdemeanor  shall  consist  in  a  vio-  J^s^J^Ibie 
lation  of  a  public  law,  in  the  commission  of  which  there  shall  tog^^imes. 


814  PT.  4.— TIT.  1.— Penal  Code. 


Division  1. — Persons  capable  of  committing  Crimes. 


be  an  union  or  joint  operation  of  aot   and  intention,  or  criniinal 

'  negligence. 

Intention  §4189.  Skc.  II.  Intention  wiU  bc  manifested  bj  tlie  circum- 
stances connected  with  the  perpetration  of  the  offence,  and  the 
sound  mind  and  discretion  of  the  person  accused. 

Infants  of        §4:190.  Sec.  III.  A  pcrson  shall  be  considered  of  sound  mind, 

p^abu-? " "  who  is  neither  an  idiot,  a  lunatic,  or  afflicted  by  insanity ;  or 
who  hatli  arrived  at  the  age  of  fourteen  years,  or  before  that  age. 
if  such  person  know  the  distinction  l)etween  good  and  evil. 

rn.iort.M.       §4191.  Si<r,  IV.  An  infant  under  the  age  of  ten  years,  whose 

l^p'Scityf&c!  tender  age  renders  it  improbable  that  he  or  she  should  be  im- 
pressed with  a  ])r()pcr  sense  of  moral  obligation,  or  be  possessed 
of  sufficient  capacity  deliberately  to  have  committed  the  offence, 
shall  not  be  considered  or  found  guilty  of  any  crime  or  misde- 
meanor. 

Lim»tic».  §  4192.  Sec.  V.  A  lunatic  or  pcrson  insane,  without  lucid  in- 
tervals, shall  not  be  found  guilty  of  any  crime  or  misdemeanor 
with  which  he  or  she  may  be  charged;  Provided^  the  act  so 
charired  as  criminal  was  committed  in  the  condition  of  such  lu- 
nacy  or  insanity  ;  but  if  a  lunatic  hath  lucid  intervals  of  under- 
standing, he  shall  answer  for  what  he  does  in  these  intervals,  as 
if  he  had  no  deliciency. 

Mioti*.  §  4193.  Sec.  VI.  An  idiot  shall  not  be  found  guilty  or  pun- 

ished for  any  crime  or  misdemeanor  with  which  he  or  she  may 
« 

be  charged. 

§4194.  Sec.  VII.  Any  person  counselling,  advising  orencour- 


Thoir  c«un- 


saiiorsand  Q_(r\\\ir  au  iufaut  uudcr  thc  ajrc  of  ten  years,  a  lunatic  or  an  idiot, 
Father*"'''  to  commit  an  offence,  shall  be  prosecuted  for  such  offence  when 
stoad.         committed,  as  principal ;  and  if  found  guilty,  shall  suffer  the 

same  punishment  as  would  have  been  inllicted  on  said  infant. 

lunatic  or  idiot,  if  he  or  she  had  possessed  discretion  and  been 


found  guilty. 


Plo«  of  in- 
sanity—how 
trietl 


§  4195.  Skc.  VIII.  AVhenever  the  plea  of  insanity  is  tiled,  it 
shall  be  the  duty  of  the  court  to  cause  the  issue  on  that  pl«a  to 
be  first  tried  by  a  special  jury,  and  if  found  to  be  true,  the  court 
shall  order  the  defendant  to  be  delivered  to  the  Superintendent 
of  the  Asylum,  there  to  remain  until  discharged  by  the  General 
Assembly- 


PT.  4.— TIT.  L— Penal  Code.  815 

Dirision  1. — Persons  capable  of  committin.tr  Crime!'. 


§410(3.  Sk(\  IX.  K  feme  covert,  or  married  woman,    actiiio;  M.anicd  tvo- 
iinder  the  threat?,  command  or  coercion   of  lier  husband,   shall '"■<'i  not 

,.,.,.  .  .     ,  .   ,         ,     punishable. 

not  he  lound  guilty  ot  any  crime  or  misdemeanor  not  punishable 

by  death  or  perpetual  imprisonment;  and  with  this  exception, ^\^J,^!^J,';J^^ 

the  husl)and  shall  be  prosecuted   as   princii)al,   and  if  convicted,*^'"' ''''''"'• 

shall  receive  the  punisliment  which   otherwise  would  have  been 

inflicted  on  the  wife,  if  she  had  been  found  guilty ;  Provided^ 

it  appears  from  all  the  facts  and  circumstances  of  the  case,  tliat 

violent  threats,  command  and  coercion  were  used, 

§4197.  Sec.  X.  Drunkenness  shall  not  be  an  excuse  for  any  voi.miary 

.     ,  1111  (Ininkcniicf.s 

crime  or  misdemeanor,   unless  such  nrunkenness  was  occasioned  "" ''^cuse. 

,,„-.,  .  ,.1  If  caused  by 

by  the  iraud,  artince  or  cantrivance  or  other  person  or  persons,  "'"">-s "'"''' 

,  >,  .  .  -,  '-  '  others  puii- 

lor  the  purpose  ot  iiavmg  a  crime  perpetrated,  and  then  the  per-  'sI'^iMo. 
son  or  persons  so  causing  said  drunkenness  for  such  malignant 
purpose,  shall  be  considered  a  principal,  and  suffer  the  same  pun- 
ishment as  would  have  been  inflicted  on  tlie  person  or  persons 
committing  the  offence,  if  he,  she  or  they  had  been  possessed  of 
sound  reason  and  discretion. 

§  419S.  Sec.  XL  A  person  shall,  not   l)e  found  guilty  of  any  Misfortune 
crime  or  misdemeanor  committed  by  misfortune  or  accident,  and  "■■ '"'*^"^*'"*- 
where  it  satisfactorily  appears  there  was  no  evil  design  or  inten- 
tion, or  culpable  neglect. 

§4199.  Si<:(\  XII.  A  slave  committing  a  crime  or  misdeniean-^ii'ves under 
or,  which  if  committed  by  a  free  white  person  would  not  be  pun-  punishable. 
ishable  by  this  act  with  death,  by  the  threats,  command  or  eoer- 

<•  1  '•  1  .1   *  .    .  r.nt  the  per- 

cion  ot  his  or  her  owner,  or  other  person  exercising  or  assuming- son  ooercinp 
authority  over  such  slave,  shall  not  be  found  guilty  :  and  it  an-  ishawe  in 

*  o  «/    7  i     their  stead. 

pearing  from  all  the  facts  and  circumstances  of  the  case,  that  the 
offence  was  committed  by  the  threats,  command  and  coercion  of 
*  the  owner,  or  the  person  exercising  or  assuming  authority  over 
such  slave,  the  said  owner,  or  other  person  exercising  or  assum- 
ing authority  over  such  slave,  shall  be  prosecuted  for  the  said 
crime  or  misdemeanor  ;  and  if  found  guilty,  shall  suffer  the  same 
punishment  as  he  or  she  would  have  incurred  if  he  or  slic  had 
actually  committed  the  crime  with  which  the  slave  is  charged. 

§4200.  Sec.  XIII.  If  a  slave  shall  commit  a  crime  by  the  i-cisons pcr- 
counsel,  persuasion  or  procurement,   or  other  means  of  a  free  preciri'ng^ 
white  person,  and  such  fact  shall  be  made  to  appear,  such  wliite  c'ommit" 
person  shall  l)e  prosecuted   for  the  offence,   and  if  found  guilty,  I'shabio^in"' 
shall  incur  the  same  ]>unishment  as  if  he  or  slie  had  committed  ^''^'" 
the  crime  with  wliicli  the  slave  is  charged. 


S16  PT.  4.— TIT.  1.— Penal  Code. 


Division  1. — Persons  capable  of  coumiitting  Crimes. 


Attempting      §4201.  Sec.  XIV,  If  aiij  free  white  person  shall  attempt  to 
punishable,  procurc  a  slave  to  commit  a  crime,  by  counsel,  persuasion,  bribe- 
ry, force,  or  other  means,  such  person  shall  be  prosecuted  for 
such  attempt,  and,  on  conviction,  shall  be  punished  in  the  same 
manner  as  prescribed  in  this  Code  for  an  attempt  to  commit  such 
crime. 
Personsact-      §4202.  Sec.XV.  A   pcrsoH    ct •iiimitt iiii!;  ji   crime   or   misde- 
ingunjcr     meauor,  uudcr  tlireats  or  menaces,  which  sufficiently  show  that 

fear  not  pun-  '  •i 

ishabie.  j^jg  qj.  jjgj.  jjfg  qj-  member  was  in  danger,  or  that  he  or  she 
had  reasonable  cause  to  believe,  and  did  actually  believe,  that 
his  (»r  her  life  or  member  was  in  danger,  shall  not  be  found 
guilty  ;  and  such  threats  and  menaces  being  proved  and  estab- 
lished, the  person,  or  persons,  compelling  by  said  threats  and 
menaces  the  commission  of  the  t)ii"ence,  shall  be  considered  a 
principal,  or  principals,  and  sufl'er  the  same  punishment  as  if  he, 
she,  or  they,  had  perpetrated  the  otfence. 
Meaning  of  §  4203.  Sec.  XVI.  Tlic  term  ''/«7<>;iy,''  when  used  in  this  Code, 
"Mo^y."  shall  be  construed  to  mean  an  otfence  for  which  the  offender,  on 
conviction,  shall  be  liable  by  law  to  be  punished  by  death  or  im- 
prisonment in  the  penitentiary,  and  not  otherwise. 


SECOXI)  DIVISIOX. 

PRINCIPALS  AND  ACCKSSORIKS  IN  CRIMH:. 

Section.  Sectiox. 

4204.  Principals,  1  st  and  2d  degree.  4208.  Punialinientof  eadi. 

4205.  Accessory.  4209.  Of  accessory  after  the  fact. 

4206.  Before  the  fact.  4210.  Of  accessory  to  slavesi,  Ac. 

4207.  After  the  fact. 

Principal  in      §  4204.  Skc.  I.  A  pcrsou  may  be  principal  in  an  oifeuce  in  two 
flrtt  degree,  (j^gregg^     X.  principal  in  the  tirst  degree,  is  he  or  she  that  is  the 
Principal  in  actor,  or  absolutc  perpetrator  of  the  crime.     A  principal  in  the 
second  de-    gg^^^j^^j  degree,  is  he  or  she  who   is  present,  aiding  and  abetting 
the  act  to  be   done;  which  presence  need  not  always  be  an  ac- 
tual immediate  standing  by,  within  sight  or  hearing  of  the   act ; 
but  there  may  be  also  a  constructive  presence,  as  when  one  com- 
mits a  robbery,  murder,  or  other  crime,  and  another  keeps  watch 
or  guard  at  some  convenient  distance. 
Accessory.        §  4205.  Sec.  II.  Au  acccssory  is  one  who  is  not  the  chief  ac- 
tor in  the  oifence,  nor  present  at  its  performance,  but  is  some 
way  concerned  therein,  either  he/ore  or  after  the  act  committed. 


PT.  4.— TIT.  1.— Penal  Code. 


817 


Division  2. — Principals  and  Accessories  in  Crime. 


§  4206.  Sec.  III.  An  accessory  before  the  fact  is  one  who,  be-  Accessory 
ing  absent  at  the  time  of  the  crime  committed,  doth  yet  procure,  fact 
counsel,  or  command  another  to  commit  a  crime. 

§  4207.  Sec.  IV.  An  accessory  after  tlie  fact  is  a  person  who,  Accessory 
after  full  knowledge  that  a  crime  has  been  committed,  conceals  fic"  ^^^ 
it  from  the  magistrate,  and  harbors,  assists  or  protects  the  person 
charged  with  or  convicted  of  the  crime, 

§4208.  Sec.  V.  A  principal  in  the  second  degree,  and  an  ac- Punishment 
cessory  before  the  fact,  except  where  it  is  otherwise  provided  for  il  2d  degree 
in  this  Code,  shall  receive  the  same  punishment  as  is  directed  to 
be  inflicted  on  the  principal  in  the  first  degree,  or  perpetrator  of 
the  crime. 

§4209.  Sec.  YI.  Accessories  after  the  fact,  except  where  it  is  punishment 
otherwise  ordered  in  this  Code,  shall  be  punished  by  fine,  or  im- ries aftMUie 
prisonment  in  the  common  jail  of  the  county,  or  both,  at  the 
discretion  of  the  court. 

§  4210.  Sec.  VII.  A  white  person  may  be  accessory  before  or  Accessories 
after  the  fact,  to  a  slave  or  free  person  of  color,  who  has  commit-  ^°  *^*^^^" 
ted  an  offence  which  would  be  a  felony,  if  committed  by  a  white 
person,  and,  on  conviction,  such  accessory  shall  receive  the  same 
punishment  as  if  his  principal  had  been  a  white  man. 


TIimD  DIVISION. 

CRIMES  AGAINST  THE  STATE  AXD  PEOPLE. 


Section. 

4211.  Treason  and  insurreotion. 

4212.  Treason,  1st  degree — Death. 

4213.  Treason,  2d  degree — Penitentiary. 


Section. 

4214.  Insurrection — death. 

4215.  Incendiary  papers — death. 


'  gree. 


§4211.  Sec.  I.  Crimes  against  the  State  and  the  people  shall  insurrection 
consist  in  treason  in  the  first  degree,  and  second  degree,  exci- 
ting, or  attempting  to  excite  an  insurrection  or  revolt  of  slaves.     ' 

§4212.  Sec.  II.  Treason  in  the  first  degree,  shall  consist  in  Treason  i« 
levying  war  against  the  State  in  the  same,  or  being  adherent  to,^*"^"'^** 
the  enemies  of  the  State  within  the  same,  giving  to  them  aid 
and  comfort  in  this  State  or  elsewhere,  and  thereof  being  legally 
convicted  of  open  deed,  by  two  or  more  witnesses,  or  other  com- 
petent and  credible  testimony,  or  voluntary  confession  ;  these 
cases  shall  be  adjudged  treason  against  the  State  and  people ; 
and  when  the  overt  act  of  treason  shall  be  committed  without 
52 


'-• 


818  PT.  4.— TIT.  1.— Penal  Code. 


Division  3. — Crimes  against  the  State  and  People. 


the  limits  of  this  State,  the  person  charged  therewith  may  be  ar- 
rested and  tried  in  any  county  in  this  State,  within  the  limits  of 
which  he  may  be  found,  and,  being  thereof  convicted,  shall  be 
punished  in  like  manner  as  if  the  said  treason  had  been  commit- 
runishmcnt,  ^^j  ^j-^ J  Jqj^^  witliiu  thc  limits  of  said  county.     Treason  in  the 

deato.  " 

first  degree  shall  be  punished  with  death. 
Treason  iii        §  4213.  Sec.  III.  Trcasou  in  the  second  degree,  shall  consist 
Mconddo-    .^^  ^1^^  knowledge  and  concealment  of  treason,  without  otherwise 

assenting  to,  or  participating  in  the  same.     The  punishment  of 
fonr  years,    trcasou  in  tlic  sccoud  degree,  shall  be  confinement  and  hard  labor 

in  the  penitentiary  for  four  years. 

S  4214:.  Sec.  IV.  Exciting  an  insurrection  or  revolt  of  slaves, 

Insun-ection        o  t?  ^ 


death.        QY  any  attempt,  by  writing,  speaking,  or  otherwise,  to  excite  an 

insurrection  or  revolt  of  slaves,  shall  be  punished  with  death. 
Circulating       §  4215.  Skc.  V.  If  any  person  shall  bring,  introduce,  or  circu- 
thfna'J^  pa-   latc,  or  cause  to  be  brought,  introduced,  or  circulated,  or  aid,  or 
dea'th**^ '     assist,  or  bo  in  any  manner  instrumental  in  bringing,  introdu- 
cing, or  circulating,  within  this  State,  any  printed  or  written 
paper,  pamphlet,  or  circular,  for  the  purpose  of  exciting  insur- 
rection, revolt,  conspiracy,  or  resistance,  on  thepart  of  the  slaves, 
negroes,  or  free  persons  of  color  in  this  State,  against  the  citi- 
zens of  this  State,  or  any  part  of  them,  such  persons  so  offend- 
ing, shall  be  guilty  of  a  high  misdemeanor,  and,  on  conviction, 
shall  be  punished  with  death. 


PT.  4.— TIT.  1.— Penal  Code. 


819 


Division  4. — Crimes  and  Oflbnces  against  the  Persons  of  Citizens  or  Individuals. 


FOUIITH  DIYISIOX. 

CRIMKS  AND  OFFENCES  AGAINST  THE  PERSONS  OF  CITIZENS  OR  INDI- 
VIDUALS. 


Section. 
■4216.  Homicide. 

4217.  Murder. 

4218.  Express  maJico. 

4219.  Implied  malice. 

4220.  Punishment  of  nnirder. 
4  221.  Manslaughter. 

4222.  Volantarj. 

4223.  Pnnishmein. 

4224.  Involuntarj. 

4225.  Punishment. 

4226.  Fine  and  imprisonment. 

4227.  Justifiable  homicido. 

4228.  Reasonable  fear. 

4229.  Invasion  of  property. 

4230.  Self  defence. 

4231.  Other  cases. 

4232.  No  puni.shment. 

4233.  Revolting  slaves. 

4234.  Injuries  to  slaves. 

4235.  Advisers  to  infanticide. 

4236.  Concealment  of  child. 

4237.  Fine  and  imprisonment. 

4238.  Mayhem. 

4239.  Specification. 

4240.  Tongue — punishment. 

4241.  One  eye — punishment. 

4242.  Only  one  eye,  or  both  eyes. 


Section. 

4244.  Ear  or  lip — puni.shment. 

4245.  Castration — punishment. 

4246.  Wounding  privates. 

4247.  Other  mayhems. 

4248.  Rape. 

4249.  Punishment. 

4250.  Assault  with  intenl. 

4251.  Sodomy. 

4252.  Punishment. 

4253.  Bftstiality. 

4254.  Punishment. 

4255.  Attempt. 
4266.  Assault. 
4257.  Punishment. 
4268.  With  intent  to  rob. 
4259.  Punishment. 

42G0.  With  intent  to  mjuro  clothes. 

4261.  Battery. 

4262.  False  imprisonment. 

4263.  Without  process. 

4264.  Under  color  of  process. 

4265.  Kidnapping. 

4266.  Inviegling  children. 

4267.  Assault  with  intent  to  nuirder. 

4268.  Stabbing. 

4269.  Shooting. 

4270.  Seduction. 

4271.  Using  abusive  or  obscene  lang'go. 


4243.  Nose — punishment. 

§4216.  Sec.  I.  Homicide  is  the  killing  of  a  human  being  of  Homicide, 
any  age  or  sex,  and  is  of  three  kinds — mnrder,  manslaughter, 
and  justifiable  homicide. 

§  4217.  Sec.  II.  Murder  is  the  unlawful  killing  of  a  human  Murder, 
being,  whether  a  freeman  or  a  slave,  in  the  peace  of  the  State, 
by  a  person  of  sound  memory  and  discretion,  with  malice  afore- 
thought, either  express  or  implied, 

§  4218.  Sec.  III.  Express  malice  is  that  deliberate  intention,  ^ 

iT/»/>  Express 

unlawtully  to  take  away  the  life  of  a  fellow- creature,  which  is  malice, 
manifested  by  external  circumstances  capable  of  proof. 

§  4219.  Sec.  IV.  Malice  shall  be  implied,  where  no  considera-  implied 
l)le  provocation  appears,  and  where  all  the  circumstances  of  the  ™*  *'*' 
killing  sliow  an  al)andoned  and  malignant  heart. 


820  PT.  4.— TIT.  1.— Penal  Code. 

Division  4. — Crimes  and  Offences  against  the  Persons  of  Citizens  or  Individuals. 

Murdei--  §4220.  Sec.  V.  The  punishment  of  murder  shall  be  death,  but 
may  be  confinement  in  the  penitentiary  for  life,  in  the  following- 
cases  :  1.  By  sentence  of  the  presiding  Judge,  if  the  conviction 
is  founded  solely  on  circumstantial  testimony,  or  if  the  jury  try- 
ing the  traverse  shall  so  recommend.  In  the  former  case,  it  is- 
discretionary  with  the  Judge ;  in  the  latter  it  is  not.  2.  By 
commutation  of  the  Governor.  3.  By  act  of  the  General  As- 
sembly. 
MaHBianght-  §  4221.  Sec.  VI.  Manslaughter  is  the  unlawful  killing  of  a  hu- 
*'■  man  creature,   without  malice,   either  express  or  implied,  and 

without  any  mixture  of  deliberation  whatever,  wliicli  may  be- 
voluntary,  upon  a  sudden  heat  of  })assion,  or  involuntary,  in  the- 
commission  of  an  unlawful  act,  or  a  lawful  act,  without  due  caa- 
tion  and  circumspection. 
Voluntary  §4222.  Sk(".  VII.  lu  all  cascs  of  voluutary  inauslaugliter,  thcrB' 
mansiaught-  jj^^g^.  j^^  gome  actual  assault  upon  the  person  killing,  or  an  attempt 
by  the  person  killed  to  commit  a  serious  personal  injury  on  the- 
person  killing,  or  other  equivalent  circumstances  to  justify  the 
excitement  of  passion,  and  to  exclude  all  idea  of  delil)eration  or 
malice,  either  express  or  implied.  Provocation  bj  words,  threats,, 
menaces,  or  contemptuous  jestures,  shall  in  no  case  be  sufficient 
to  free  the  person  killing  from  the  guilt  and  crime  of  murder. 
The  killing  must  be  the  result  of  that  sudden,  violent  impulse  of 
passion,  supposed  to  be  irresistible  ;  for  if  there  should  have  been 
an  interval  ]>etween  the  assault  or  provocation  given,  and  the- 
homicide,  sutficient  for  the  voice  of  reason  and  humanity  to  be 
heard,  the  killing  shall  be  attributed  to  deliberate  revenge,  and 
be  punished  as  murder. 
PunishmcBt  §4223.  Skc,  VIII.  V  oluutary  manslaughter  shall  be  puuishcd 
by  confinement  and  labor  in  the  penitentiary  for  a  term  of  not 
less  than  one  nor  longer  than  twenty  years. 
iBToiuntary  §  4224.  Sec.  IX.  luvoluutary  manslaughter  shall  consist  in  the, 
mansiaug  t-  j^^^jjjg  qj'  q^  human  being  without  any  intention  to  do  so ;  but  in- 
the  commission  of  an  unlawful  act,  or  a  lavrful  act,  which  prob- 
ably might  produce  such  a  consequence,  in  an  unlawful  manner  ;; 
Provided^  always^  that  where  such  involuntary  killing  shall  happen 
in  the  commission  of  an  unlawful  act,  which,  in  its  consequences,, 
naturally  tends  to  destroy  the  life  of  a  human  being,  or  is  com- 
mitted in  the  prosecution  of  a  riotous  intent,  or  of  a  crime  pun- 
ishable by  death  or  confinement  in  the  penitentiary,  the  offence 
shall  be  deemed  and  adjudged  to  be  murder. 


PT.  4.— TIT.  1.— Penal  Code.  821 

Division  4. — Crimes  and  Offences  against  the  Persons  of  Citizens  or  Individuals. 

§  4225.  Sec.  X,  Involuntary  manslaughter,  in  the  commission  Punishment, 
of  an  unlawful  act,  shall  be  punished  by  confinement  and  labor 
in  the  penitentiary  for  a  term  not  less  than  one  nor  longer  than 
three  years. 

§  4226.  Sec.  XI.  Involuntary  manslaughter,  in  the  commission  Fine  and 
or  performance  of  a  lawful  act,  where  there  has  not  been  observ-  ment. 
ed  necessary  discretion  and  caution,  shall  be  punished  by  line  or 
imprisonment  in  the  common  jail  of  the  county,  or  both,  at  the 
•discretion  of  the  court. 

§  4227.  Sec.  XII.  There  being  no  rational  distinction  between  justifiable 
excusable  and  justifiable  homicide,  it  shall  no  longer  exist.  Jus- 
tifiable homicide  is  the  killing  ot  a  human  being  by  command- 
ment of  the  law  in  execution  of  public  justice  ;  by  permission  of 
the  law  in  advancement  of  public  justice ;  in  self-defence,  or  in 
defence  of  habitation,  property,  or  person,  against  one  who  man- 
ifestly intends,  or  endeavors  by  violence  or  surprise,  to  commit  a 
felony  on  either ;  or  against  any  persons  who  manifestly  intend 
and  endeavor,  in  a  riotous  and  tumultuous  manner,  to  enter  the 
habitation  of  another  for  the  purpose  of  assaulting  or  oflfering  per- 
sonal violence  to  any  person  dwelling  or  being  therein. 

§4228.  Sec.  XIII.  A  bare  fear  of  any  of  those  oflfences,  to  Fear,  to  u 
prevent  which  the  homicide  is  alleged  to  have  been  committed,  must  b«  ' 
shall  not  be  suflicient  to  justify  the  killing.     It  must  appear  that 
the  circumstances  were  sufficient  to  excite  the  fears  of  a  reasona- 
ble man,  and  that  the  party  killing  really  acted  under  the  influ- 
ence of  those  fears,  and  not  in  a  spirit  of  revenge. 

§4229.  Sec.  XIY.  If,  after  persuasion,  remonstrance,  or  other Knung !■ 
gentle  measures  used,  a  forcible  attack  and  invasion  on  the  prop- **®'*°**' 
erty  or  habitation  of  another  cannot  be  prevented,  it  shall  be  jus- 
tifiable homicide  to  kill  the  person  so  forcibly  attacking  and  in- 
vading the  property  or  habitation  of  another ;  but  it  must  ap- 
•  pear  that  such  killing  was  absolutely  necessary  to  prevent  such 
attack  and  invasion,  and  that  a  serious  injury  was  intended,  or 
might  accrue  to  the  person,  property  or  family  of  the  person 
killing. 

§4230.  Sec.  XY.  If  a  person  kill  another  in  his  defence,  it^^^      j. 
must  appear  that  the  danger  was  so  urgent  and  pressing  at  the™°**^"8- 
time  of  the  killing,  that  in  order  to  save  his  own  life,  the  killing 
of  the  other  was  absolutely  necessary ;  and  it  must  appear,  also, 
that  the  person  killed  was  the  assailant,  or  that  the  slayer  had 


822  PT.  4.— TIT.  1.— Pknal  Code. 


Division  4. — Crimes  and  Offences  agfainst  the  Persons  of  Cituens  or  Individuals. 


really  and  in  good  faith  endeavored  to  decline  any  ftirtlier  stnig- 

glc  before  the  mortal  Mow  was  iriven. 

Aiiotherin-      §4231.  Sw.  XVI.  All  otlicr  instances  which  stand  uj-ou  the 

paine  footing  of  reason  and  jnsticc  as  those  enumerated,  shall  be 

juptitiable  homicide. 

.Jugtinabi.-        ^4232.  Sicr.  XVII.  The  hoiiiicido  appearing  to  be  justitiable, 

not"puDiBh    the  ]>ergon  indicted  sliall.  upon  the  trial,   be  I'ully   acqiiittcd  and 

discharge<i. 
Kiiiinif  ro-        JJ4233.   Sir.  Will.    Kiliini:   a   hlnvc  in   the  act  of  revolt,  or 
^»TM*        when  the  said  slave  forcibly  rosistji  a  legal  arretit.   fhall  be  justi- 
fiable homicide. 
^,     .  ^4234.  Skc,  XIX.   In   all   chs»>.   the  killing  or  maiinifig  <»f  a 

OUi^rwlM  •  .  .  r  . 

tbaiMnpat  plavo  or  pcrsou  of  color,  or  In<lian  in  amitv  with  the  C«tnt'ederate 

white  pw-  I 

•""•  States,   (tr  ativ  other  unlawful  violent  assault  ujK»n   the  ]>ereon, 

without  sutticient  provoeation,  shall  l>c  put  upon  the  same  foot- 
ing <»f  criminality,  as  the  killing,  or  maiming,  or  a*»aulting  a 
white  ]H'rs<»n, 
Adn.ortto       ^4235.  8k<\  XX.  If  any  ]>ers«»n  shall  counsel,  advise,  or  direct 
kjiiinfaii*.  ^  ^(ininn  to  kill  the  child  she  is  pregnant  <»r  goes  with,  and  after 
she  is  delivered  of  stich  child,  she  kill  it,  every  such  ]>erstm  so  ad- 
vising or  <lire<'ting.  shall  l»e  deemed  an  acceKBory  l>efore  the  fact 
to  such  murder,  and  shall  have  the  same  punishment  as  the]»rin- 
cipal. 
coDf**i  M''^'^^-  ^'•*'-  ^^^-  The  const raineil  presumption  arising  from 

owidVa^ui  t^><^  <*^^"«^ft'»"<*"t  of  tlie  death  of  any  child,  that  the  child  whose 
death  is  concealed,  was  theref««re  nnirdered  by  the  mother,  shall 
not  be  sufficient  or  conclusive  evidence  to  convict  the  j»ers(m  in- 
dieted  of  the  murder  of  her  child,  unless  probable  proof  l>e  given 
that  the  clnld  wai;  lH»rn  alive,  nor  unless  the  circumstances  at- 
tending it  shall  be  such  as  shall  satisfy  the  minds  of  the  jury  that 
the  mother  did  willfully  and  maliciously  destroy  and  take  away 
the  life  of  such  child. 

<$  4237.  Set.  XXII.   If  anr  woman  shall  conceal  or  attemitt  to 

Fine  and  im-        "^  */«i,ji/«i 

priMnmenL  couccal  the  death  of  any  issue  of  her  l»ody,  male  or  female, 
which,  if  it  were  lK)m  alire,  would,  by  law,  be  a  bastard,  so  that 
it  may  not  come  to  light  whether  it  was  murdered  or  not,  every 
soch  mother  being  convicted  thereof,  shall  be  punished  by  fine  or 
imprisonment  in  the  common  jail  of  the  county,  or  both,  at  the 
discretion  of  the  court. 


PT.  4.— TIT.  1.— Pknal  Cods. 


Dirision  4 — Crimes  and  OflFenoeB  against  the  Persons  of  CitiKens  or  Individuals. 

§4238.  Sec.  XXIII.  Mayhem  shall  consipt  in  unlawfully  de- Mayhem. 
]»rivinir  a  person,  free  or  slave,  of  a  member,  or  disfiguring  or 
rendering  it  useless. 

§4239.  Sec.  XXIV,  If  any  person  shall  imlawfully,  and  with-  in  what  it 
out  sufficient  cause  or  provocation,  cut  out  or  disable  the  tongue, 
put  out  an  eye,  slit  or  bite  the  nose,  ear  or  lip,  or  cut  or  bite  off 
the  nose,  ear  or  lip,  or  castrate,  or  cut.  or  bite  off,  or  disable  any 
other  limb  or  member  of  another,  with  an  intention  in  so  doing 
to  maim  or  disfigure  such  person,  or  shall  voluntarily,  malicious- 
ly, and  of  purpose,  while  fighting  or  otherwise,  do  any  of  these 
acts,  every  such  person  shall  be  guilty  of  mayhem. 

§4240.  Sec.  XXV.  A  person  convicted  of  cutting  out  the  <^""'"?  ^'''' 

.  ,  .  .  ~  tongue — 

tongue,  with  the  intention,  or  voluntarily  or  maliciously,  as  ex-  ^^°'^2f^ 
pressed  in  the  preceding  section,  shall  be  punished  by  confine- J^^""- 
ment  and  labor  in  the  penitentiary  for  life.     A  person  convicted 
of  disabling  the  tongue,  with  the  intention,  or  voluntarily  or 
maliciously,  as  expressed  in  the  preceding  section,  shall  be  pun- 
ished by  confinement  and  labor  in   tlie  penitentiary  for  a  term 
not  less  than  five  years,  nor  more  than  fifteen  years. 
/  §4241.  Sec.  XXVI.  A  person  convicted  of  putting  out  anPiuiir^oat 
f     (eye,  with  the  intention,  or  voluntarilv  or  maliciouslv,   as  before  Kiitentiary 

^  '    f  I       '  1        •  X!       1  1  •  1         11       1  •     1  ^    '  t  r.  two  to  five 

\6xpressed,  in  tight  or  otherwise,  shall  be  punished  by  confine- years, 
jment  and  labor  in  the  penitentiary  for  a  term  not  less  than  two 
^^^  jyears,  nor  longer  than  five  years. 

§4242.  Sec.  XXVII.  A  person  convicted   of  inittinsc  out  the  not'ifvesor 

..1  1  /^  1  1         .  1  ^  ,    the  onlrcye 

eyes  oi  another,  or  tlie  eye  ot  another  havinff  but  one  eve,  with -peniten- 

....  .  ,  .,  ,  ^  "     '  tinrv  for  life. 

a  similar  intention,  or  voluntarily  or  maliciously,  while  fighting 

or  otherwise,  sliall  be  punished  by  confinement  and  labor  in  the 

penitentiary  for  and  during  the  term  of  his  or  her  natural  life. 
r^  §  4243.  Sec.  XXVIII.  A  person  convicted  of  slitting  or  biting  suiting  or 

the  nose,  ear  or  lip  of  another,  with  the  intention,  or  voluntarily  ^pc,fitTn-* 
'     lor  maliciously,  as  before  expressed,  while  fighting  or  otherwise,  rhr7e''yeara, 

shall  be  punished  by  confinement  and  labor  in  the  penitentiary  TmSri^n-'^ 
^f.  for  a  term  of  not  less  than  one  year,  nor  more  than  three  years,  ™^"*' 
^-   or  by  fine  and  imprisonment  in  the  common  jail  of  the  county, 

at  the  discretion  of  the  court. 

r^  4244.  Sec.  XXIX.  A  person  convicted  of  cutting  or  biting  cutting  or 
^      /  off  the  nose,  ear  or  lip  of  another,  with  the  intention,  or  volun-noKr" 

tarily  or  maliciously,  as  before  expressed,  while  fighting  or  other- tc^^'two 
I  wise,  shall  be  punished  by  confinement  and  labor  in  the  peniten-^"^"^*^**"" 


tho 


824  PT.  4.— TIT.  1.— Penal  Code. 


Division  4. — Crimes  and  Offences  against  the  Persona  of  Citizens  or  Individuals. 


tiarj  for  a  term  of  not  less  than  two  years  nor  more  than  five 
years. 
Castration-     §4245.  Sec.  XXX.  A  person  convicted  of  the  crime  of  cas- 
trating  another,  with  the  mtention,  or  voluntarily  or  maliciously, 
as  before  expressed,  while  fighting  or  otherwise,  shall  be  pun- 
ished with  death. 
Wounding        §  4246.  Sec.  XXXI.  A  person  convicted  of  wilfulUy  aind  ma- 
^e'e^peni-'  liciously  injuring,  wounding  or  disfiguring  the  private  parts  of 
toflft*Tn  ^''another,  with  the  intention  aforesaid,  whilst  fighting  or  other- 
^'"'^         wise,  which  injuring,  wounding  or  disfiguring  do  not  amount  to 
castration,  shall  be  punished  by  confinement  and  laboj*  in  the 
penitentiary  for  a  term  not  less  than  five  years  nor  longer  than 
fifteen  years, 
other  May-      §4247.  Sec.  XXXII.  A  person  (sonvicted  of  cutting  or  biting 
off,  or  disabling  any  limb  or  member  of  another,  not  hereinbe- 
fore designated,  with  the  intention,  or  voluntarily  or  maliciously, 
as  before  expressed,  while  fighting  or  otherwise,  shall  be  punished 
by  confinement  and  labor  in  the  penitentiary,  for  a  term  not  less 
than  one  year  nor  longer  than  five  years ;  or  in  slight  and  trivial 
cases,  by  fine  and  imprisonment  in  the  common  jail  of  the  coun- 
(  ty,  at  the  discretion  of  the  court. 
Eape.       -:    §  4248.  Sec.  XXXIII.  Rape  is  the  carnal  knowledge  of  a  fe- 
male, whether  free  or  slave,  forcibly  and  against  her  will. 
Penitentiary     §  4249.  Sec.  XXXIV.  Rape  ou  a  free  white  female  shall  be 
ty  ycar67o?  piinished  by  an  imprisonment  at  labor  in  the  penitentiary  for  a 
prisonment  term  uot  Icss  than  two  years  nor  longer  than  twenty  years.     If 
committed  upon  a  slave,  or  free  person  of  color,  by  fine  and  im- 
prisonment, at  the  discretion  of  tlie  court. 
Assanitwith     §4250.  Sec.  XXXV.  Au  assault  witli  intent  to  commit  a  rape, 
rape?  **      shall  be  punished  by  an  imprisonment  at  labor  in  the  peniten- 
tiary for  a  term  not  less  than  one  year  nor  longer  than  five 
years.  • 

Bodomy.  §  4251.  Sec.  XXXVI.  Sodomy  is  tlie  carnal  knowledge  and 

connection  against  the  order  of  nature,  by  man  with  man,  or  in 
the  same  unnatural  manner  with  woman. 
Penitentiary  §  4252.  Sec.  XXXVII.  The  punishmeut  of  sodomy  shall  be 
imprisonment  at  labor  in  the  penitentiary  for  and  during  the 
natural  life  of  the  person  convicted  of  this  detestable  crime. 
Bestiality.  §4253.  Sec.  XXXVIII.  Bestiality  is  the  carnal  knowledge 
and  connection  against  the  order  of  nature  by  man  or  woman  in 
any  manner,  with  a  beast. 


FT.  4.— TIT.  1.— Penal  Code.  826 


Division  4. — Crimes  and  Oflences  against  the  Persons  of  Citizens  or  Individuals. 


§  4254.  Sec.  XXXIX.  The  punishment  of  bestiality  shall  be  Penitentiary 
imprisonment  at  labor  in  the  penitentiary  for  and  durino- the'^"'''^*'" 
natural  life  of  the  person  convicted  of  this  detestable  crime. 

§  4255.  Sec.  XL.  An  attempt  to  commit  sodomy  or  bestiality  Attempt- 
shall  be  punished  by  imprisonment  and  labor  in  the  penitentiary  ylars." '*"*'' 
ifor  -a  term  not  less  tlian  two  years  nor  more  than  four  years. 

1 4256.  Sec.  XLI.  An  assault  is  an  attempt  to  commit  a  vio-  j^^^^^^^ 
lent  injury  on  the  person  of  another. 

§  4257.  Sec.  XLII.   A  bare  assault  shall  be  punished  by  tine  Panishmcnt 
or  imprisonment  in  the  common  jail  of  the  county,  in  the  discre- 
tion of  the  court. 

§  4258.  Sec.  XLIII.  An  assault  with  intent  to  murder,  by  using  Asenuitwith 
any  weapon  likely  to  produce  death,  shall  be  punished  by  im-  mnrder- 
prisonment  and  labor  in  the  penitentiary  for  a  term  not  less  than  two  K^ 
two  years  nor  longer  than  ten  years.  ^*'*'"*' 

§4259.  Skc.  XLIV.  An  assault  with  intent  to  rob,  is  where  A««vuit  with 
any  person  or  persons  shall,  with  any  offensive  or  dangerous  *"''""'' ™^- 
weapon  or  instrument,  unlawfully  and  maliciously  assault  anoth- 
er, or  shall  by  menaces,  or  in  and  by  any  forcible  or  violent 
manner,  demand  any  money,  goods  or  chattels  of  or  from  any 
other  person  or  persons,  with  intent  to  commit  robbery  upon 
such  person  or  persons. 

§4260.  Sec.  XLY.  A  person  convicted  of  an  assault  with  in- penitentiary 
tent  to  rob,  shall  be  punished  by  continement  and  labor  in  the  yla^;' '"'^ 
penitentiary  for  a  term  not  less  than  two  years  nor  more  than 
four  years. 

§4261.  Sec.  XLVI.  An  assault  with  an  intent  to  spoil  or  in- Assauitto 
jure  clothes  or  garments,  is  where  any  person  or  persons  shall,  ffies-fi.e 
at  any  time,  willfully  and  maliciously  assault  any  person  or  per-onmcr"'" 
sons,  with  an  intent  to  tear,  spoil,  cut,  burn  or  deface,  and  shall 
tear,  spoil,  cut,  burn  or  deface  the  garments  or  clothes  of  such 
person  or  persons  ;  and  every  such  oifender  being  thereof  con- 
victed, shall  be  punished  by  a  fine  not  exceeding  two  hundred 
dollars,  and  imprisonment  in  the  common  jail  of  the  county  for 
a  term  not  less  than  three  months  nor  more  than  one  year. 

§4262.  Sec.  XLYII.  Battery  is  the  unlawful  beating  of  anoth- Battery, 
er,  and  shall  be  punished  by  fine  or  imprisonment  in  the  com- 
mon jail  of  the  county,  or  both,  at  the  discretion  of  the  court. 

§4263.  Sec.  XL VIII.  False  imprisonment  is  a  violation  ofthc^ajsoini- 
personal  li.berty  of  a  free  white  person,  or  citizen,  and  consists  i,-^ ''"'*"""*" 


826  PT.  4.— TIT.  1.— Penal  Code. 

Division  4. — Crimes  and  Offences  against  the  Persons  of  Citizens  or  Individuals. 


coniinement  or  detention  of  such  person,  without  sufficient  legal 
autliority. 
False  im-         8  4264.  Sec.  XLIX.  Any  person  who  shall  arrest,  conline,  or 

prisontnent  ... 

—fine,  &e.  detain  a  free  white  person  or  citizen,  without  process,  warrant,  or 
legal  authority  to  justify  it,  shall  be  punished  by  fine  and  impris- 
onment in  the  common  jail  of  the  county,  or  either,  at  the  discre- 
tion of  the  court. 

When  under     §  4265.  Sec.  L.  The  arrest,  confinement  or  detention  of  a  free 

^ceBs/*^^"' white  perso7i  or  citizen,  by  tlie  warrant,  mandate,  or  process  of  a 
magistrate,  being  manifestly  illegal,  and  showing  malice  and  op- 
pression, the  said  magistrate  shall  be  removed  from  office,  and 
such  magistrate,  and  all  and  every  person  and  persons,  knowingly 
and  maliciously  concerned  therein,  shall  be  punished  by  tine  and 
imprisonment  in  the  common  jail  of  the  county,  or  imprisonment 
and  labor  in  the  penitentiary  for  any  time  not  less  than  one  nor 
more  than  two  years,  at  the  discretion  of  the  court. 

Kidnapping      §4266.  ISec.  LI.  Kidnapping  is  the  forcible  abductiou  or  stcal- 

— penltcn-      .  ,  ,,.  .  ,, 

tiary4u7   mg  away  ot  any  iree  white  person,  or  free  person  of  color,  with- 
out lawful  authority,  or  warrant,  from  this  State  or  any  county 
thereof,  and  sending  or  conveying  such  person  beyond  the  limits 
of  said  State  or  county  against  his  or  her  will.     Each  and  every 
person  who  shall  be  guilty  c)f  this  crime,  and  be  thereof  lawfully 
convicted,  shall  be  punished  by  imprisonment  and  labor  in  the 
penitentiary,  for  any  time  not  less  than  four  years,  nor  longer 
than  seven  years. 
Inveigling        §4267.  Seo.  LII.  If  any  person  shall  forcibly,   maliciously,  or 
dren— peni-  fraudulently  lead,  take,  or  carry  away,  or  decoy  or  entice  away, 
lye^      out  of  the  limits  of  this  State,  or  any  county  thereof,  any  free 
white  child  under  the  age  of  twelve  years,  from  its  parent   or 
guardian,  or  against  his,  her,  or  their  will  or  wills,  and  without 
his,  her,  or  their  consent  or  consents,  such  person  so  oft'ending 
shall  be  indicted  for  kidnapping,  and  on  conviction  shall  be  pun- 
ished by  imprisonment  and  labor  in  the  penitentiary  for  any  time 
not  less  than  four,  nor  more  than  seven  years. 
8^^w»8-  ^     §4268.  Sec.  LIII.  Any  person  who  shall  be  guilty  of  the   act 
priMnment  Qf  stabbing  another,  except  in  his  own  defence,  or  other  circum- 

in  Jail,  or  o  ?  r  ' 

lu'sT^l^^  stances  of  justification,  with  a  sword,  dirk,  or  knife,  or  other  in- 

.,  strument  of  the  like  kind,  shall,  on  conviction,  be  punished  by  a 

fjK  ifine  not  exceeding  one  thousand  dollars,  or  imprisonment'  in  the 

jcommon  jail  of  the  county,  not  to  exceed  six  months,  or  fine  and- 

'imprisonment  both,  in  the  discretion  of  the  court,  or  confinement 


H 


PT.  4.— TIT.  1.— Penal  Code.  827 

Division  4. — Crimes  and  Offences  against  the  Persons  of  Citizens  or  Individuals. 

and  labor  in  the  penitentiary  not  less  than  one  year  nor  more 
j  than  two  years  ;  Provided,  always,  that  if  such  stabbing  shall 
produce  death,  the  offender  shall  be  gnilty  of  murder  or  man- 
slaughter, according  to  the  facts  and  circumstances  of  the  case ; 
or  if  such  stabbing  shall  not  produce  death,  and  the  facts  and  cir- 
cumstances show  that  it  was  the  intention  of  the  person  stabbing 
to  commit  the  crime  of  murder,  then  and  in  such  case,  the  offen- 
der shall  be  guilty  of  the  offence  of  an  assault  with  intent  to  com- 
mit murder, 

§4269.  Sec.  LIV.  Any  person  who  shall  be  guilty  of  the  of- ghooting at 
fence  of  shooting  at  another,  free  or  slave,  (except  in  his  own  de-  ''°*'^^"- 
fence  or  under  circumstances  of  justification  according  to  the  prin- 
ciples of  this  Code)  with  a  gun,  pistol,  or  other  instrument  of  the 
like  kind,  shall  be  punished  by  a  fine  not  exceeding  one  thousand 
dollars,  and  imprisonment  in  the  common  jail  not  less  than  twelve 
months,  or  confinement  in  the  penitentiary  not  less  than  one  or 
more  than  four  years,  in  the  discretion  of  the  court. 

§  4270.  Sec.  LV.  If  any  person  shall,  by  persuasion  and  prom-  seduction, 
ises  of  marriage,  or  other  false  and  fraudulent  means,  seduce  a 
virtuous  unmarried  female,  and  induce  her  to  yield  to  his  lustful 
embraces,  and  allow  him  to  have  carnal  knowledge  of  her,  such 
person,  on  conviction,  shall  be  punished  by  imprisonment  and  la- 
bor in  the  penitentiary  for  a  term  not  less  than  two  nor  longer 
than  twenty  years.  The  prosecution  may  be  stopped  at  any  time 
by  the  marriage  of  the  parties,  or  a  hona  fide  and  continuing 
offer  to  marry  on  the  part  of  the  seducer. 

§4271.  Sec.  LVI.  Any  person  who  shall  without  provocation,  usmg  abn- 
use  to,  or  of  another,  and  in  his  presence,  opprobrious  words,  or^dneian-" 
abusive  language  tending  to  cause  a  breach  of  the  peace,  or  who^^^** 
shall  in  like  manner,  use  obscene  and  vulgar  language  in  the  pres- 
ence of  a  female,  shall  be  guilty  of  a  misdemeanor,  and  on  convic- 
tion shall  be  fined  or  imprisoned  at  the  discretion  of  the  court. 


828 


FT.  4.— TIT.  1.— Penal  Code. 


Division  5. — Crimes  and  Offences  against  the  Habitations  of  Persons. 


FIFTH  DIVISION, 


CRIMES  AND  OFFENCES  AGAINST  THE  HABITATIONS   OF   PERSONS. 


Section. 

4272.  Crimes  against  habitations. 

4273.  Arson. 

4274.  In  a  town. 

4275.  Elsewhere. 
427G.  Attempt. 

4277.  Out-housc  not  in  town. 

4278.  Setting  fire  to. 


Section'. 

4279.  Burning — what  is. 

4280.  Setting  fire — what  is. 

4281.  Arson,  day  and  night. 

4282.  Causing  deatli. 
428.3.  Burglar}-. 

4284.  In  the  day. 

4285.  In  the  night. 


Crimes 
against! 
tations.' 

Arson. 


§4272.  Sec.  I.  Crimes    against  the  habitations  of   individu- 
^f/°^8,'>^'- als  shall  consist  of,  1st,  Arson;  and  2d,  Burglary. 

§4273.  Sec.  II.  Arson  is  the  malicious  and  willful  burning  of 
the  house  or  out-house  of  another. 
Death  If  in       §4274.  Seo.  III.  Tlic  wiUful  and  malicious  buming,  or  Setting 
a^dtj  or  Til-  gj.g  ^Q^  Qj.  attempting  to  burn  a  house  in  a  city,  town,  or  village, 
shall  be  punished  with  death. 
S4275.  Sec.  IV.  The  willful  and  malicious  burning  of  thedwel- 
penitentiary  linff-liouse  of  another  on  a  farm  or  plantation,  or  elsewhere,  (not 
J        nr     in  a  city,  town,  or  Tillage)  shall  be  punislied  by  imprisonment  and 
■1^:,,,^  labor  in  the  penitentiary  for  any  term   not  less  than  live   years, 

*  nor  more  than  twenty  years. 

Attempt-        §  4276.  Sec.  V.  Setting  fire  to  the  dwelling-house  of  another, 
TtS'^ye'l^^f'  with  intent  to  burn  the  same,  on  a  farm,  or  plantation,  or  else- 
where (not  in  a  city,  town,  or  village)  shall  be  punished  by  im- 
prisonment and  labor  in  the  penitentiary  for  a  term  not  less  than 
three  years,  nor  longer  than  seven  years. 

§4277.  Sec.  VI.  The  willful  and  malicious  burning  of  an  out- 
^  house  of  another,  such  as  a  bam,  stable,  or  any  other  house  (ex- 
cept the  dwelling-house)  on  a  farm  or  plantation,  or  elsewhere, 
(not  in  a  city,  town  or  rillage)  shall  be  punished  by  imprisonment 
and  labor  in  the  penitentiary  for  any  term  not  less  than  two  years 
nor  more  than  seven  years. 

§4278.  Sec.  VII.  Setting  fire  to  an  out-house  of  anotlier,  as 
described  in  the  preceding  section,  shall  be  punished  by  imprison- 
ment and  labor  in  the  penitentiary  for  any  term  not  less  than  one 
year  nor  more  than  three  years. 

§4279.  Sec.  VIII.  The  crime  of  burning  shall  be  complete, 
where  the  house  is  consumed  or  generally  injured. 


Barnina;  of 
an  oat-bonse 
not  in  town.  ■ 


Setting  fire 
tosachout- 
hoasc. 


What  shall 
be  burning. 


PT.  4.— TIT.  1.— Penal  Code.  829 

Division  5. — Crimes  and  OfTences  against  the  Habitations  of  Persons. 

§  4280.  Sec.  IX.  The  offence  of  setting  fire  to  a  house  shall  be  what  shaii 
complete,  when  any  attempt  is  made  to  burn  it,  though  no  mate-  fire. 
rial  injury  is  the  consequence. 

§4281.  Sec.  X.  Arson  in  the  day  time  (except  in  a  city,  town.  Arson  in  the 
or  village)  shall  be  punished  by  a  shorter  period  of  imprisonment  nf|hMhnc. 
and  labor  than  arson  committed  in  the  night. 

§  4282.  Sec.  XI.  Arson  which  produces  the  death  of  any  per-  Ars«n  cans- 
son,  shall  be  punished  by  the  death  of  the  person  or  persons  com-  '"^ 
mitting  the  arson. 

§  4283.  Sec.  XII.  Burglary  is  the  breaking  and  entering  into  burglary. 
the  dwelling  or  mansion-house  of  another,  with  intent  to  commit 
a  felony.  All  out-houses  contiguous  to,  and  within  the  curtilage 
or  protection  of  the  mansion-house,  shall  be  considered  as  parts 
of  the  mansion  or  dwelling-house.  A  hired  room  or  apartment  May  be  in 
in  a  public  tavern,  inn,  or  boarding-house,  shall  be  considered  as 
the  dwelling-house  of  the  person  or  persons  occupying  and  hiring 
the  same.     Burglary  may  be  committed  in  the  day  or  night. 

§4284.  Sec.  XIII.  Burglary  in  the  day  time,  shall  be  punish- in  ti^e day— 

,..  .  iii'i  ■  .  penitentiary 

ed  by  miprisonment  and  labor  m  the  penitentiary  tor  any  time  ^  to  5  years. 
not  less  than  three  years,  nor  longer  than  five  years. 

§  4285.  Sec.  XIY.  Burglary  in  the  night  shall  be  punished  by  in  the  night 
J^?oQmprisonment  and  labor  in  the  penitentiary  for  anytime  not  less ^ *° "° ^'"' 
than  four  years,  nor  longer  than  twenty  years.  ■ 


830 


FT.  4.— TIT.  1.— Penal  Code. 


Division  6. — Of  Crimes  and  Offences  relative  to  Property. 


SIXTH  DIYISIOK 

OF  CRIMES  AND  OFFENCES  RELATIVE  TO  PROPERTY. 


Section. 

4286.  Robbery. 

4287.  By  force. 

4288.  By  fear. 

4289.  Larceny. 

4290.  Simple  larceny. 

4291.  Of  horse. 

4292.  Indictmenu 
4203.  Punishment. 
4294.  Of  cattle. 
4^95.  Indictment. 

4296.  Punishment 

4297.  Of  hof?3. 

4298.  Punishment. 

4299.  Other  animals. 

4300.  Altering  marks. 

4301.  Larceny  of  deeds,  4c. 

4302.  Of  bonds,  notes,  Ac. 

4303.  Of  fixtures. 

4304.  From  distressed  ressels. 

4305.  Of  a  slave. 

4306.  Giving  pass  feloniously. 

4307.  Other  larcenies. 

4308.  Larceny  from  the  person. 

4309.  Penitentiary. 

4310.  Secret  taking. 


Seotiok. 

4312.  Punishment. 

4313.  Entering  with  intent. 

4314.  Breaking  with  intent. 

4315.  Breaking  and  entering. 

4316.  Public  buildings. 

4317.  Hut,  tent,  kc. 

4318.  Public  or  bank  offices. 

4319.  Bailee — fraudulently  convertiiig. 

4320.  Clerk^  agents,  kc. 

4321.  Any  other  agent. 

4322.  Violating  bank  charter. 

4323.  Presumption  against  officers. 

4324.  Bank  insolvency. 

4325.  Fraudulent  transfers. 

4326.  Purchasing  at  discount. 

4327.  Fraudulent  dividends. 

4328.  Purchasing  shares,  Ac. 

4329.  Unlawful  mining. 

4330.  Erecting  machinery. 

4331.  Embezzling  county  funds. 

4332.  Interference  with  burying-grouads. 

4333.  Fraudulent  Levies. 

4334.  Intruding  on  railroad. 

4335.  Obstructing,  ikc.,  railroad. 

4336.  Injuring  telegraph. 


4311.  Larceny  from  house. 

8  4286    Sec\  I.  llobbery  is  the  wrongful,  fraudulent  and  vio- 

of  robbery.    |q,^|-  takln""  of  monej,  goods  or  chattels,  ironi  the   person   ot 

another  l)y  force  or  intimidation,  without  the  consent  of  the 

owner. 

§  4287.  Sec.  II.  Robbery  by  open  force  or  violence,  shall  be 
punished  by  imprisonment  and  labor  in  the  penitentiary  for  any 
time  not  less  than  four  years  nor  longer  than  twenty  years. 

§  -4:288.  Sec.  III.  Robbery  by  intimidation,  or  without  using 
force  and  violence,  shall  be  punished  by  imprisonment  and  labor 
in  the  penitentiary  for  any  time  not  less  than  two  years  nor 
longer  than  live  years. 

§4289.  Sec.  IV.  Larceny,  or  theft,  as  contradistinguished 
from  robbery  by  violence,  force  or  intimidation,  shall  consist  of 
—1st.  Simple  theft  or  larceny  ;  2d.  Theft  or  larceny  from  the 
person;  3d.  Theft  or  larceny  from  the  house  ;  4th.  Theft  or  lar- 
ceny after  a  trust  or  confidence  has  been  delegated  or  reposed. 


By  force  and 
violence— 
penitentiary 
4  to  20  years. 


By  intimida- 
tion—2  to  5 
years. 


Ttie   several 
kinds  of  lar- 


PT.  4.— TIT.  1.— Penal  Code.  831 

Division  6. — Of  Crimes  and  Offences  relative  to  Property. 
S4290.  Sec.  V.  Simple  theft,  or  larceny,  is  the  wrono:ful  and  simple  ur- 

"  ~  cell  7. 

fraudulent  taking  and  carrying  away,  by  any  person,  of  the  per- 
sonal goods  of  another,  with  intent  to  steal  the  same.  The  thief 
may  be  indicted  in  any  county  in  which  he  may  carry  the  goods 
stolen. 

§4291.  Sec.  VI.  Horse  stealing  shall  be  denominated  simple  or horseB. 
larceny,  and  the  term  "horse"  shall  include  mule  and  ass  and 
each  animal  of  both  sexes,  and  without  regard  to  the  alterations 
whicli  may  be  made  by  artificial  means. 

§4292.  Sec.  YII.  The  offence  shall  in  all  cases  be  charged  as  n^^ char- 
simple  larceny,  but  the  indictment  shall  designate  the  nature,  ^^i*"^  *'*■*' 
character  and  sex  of  the  animal,  and  give  some  other  description 
by  which  its  identity  may  be  ascertained. 

§  4293.  Sec.  YIII.  The  stealing  of  a  horse,  mule  or  ass,  shall  rnnishmeni 
be  punished  by  confinement  and  labor  in  the  penitentiary  for  any     j(i 
time  not  less  than  two  years  nor  longer  than  five  years — and  the 


stealing  of  more  than  one  of  these  animals  at  the  same  time,  I'y  Jf  \ 
shall  be  punished  by  confinement  and  labor  in  the  penitentiary        f 


f  *''-'    c  t1  '^^ 


7.»- 


Buau  oe  punisnuu  \y^  connuemeni  ana  laoor  m  tne  penitentiary  ^  f~  Q.  ^^  / 
for  any  time  not  less  than  six  years  nor  longer  than  fourteen)  ;  ^  ^  )/ 
years.  — 

§4294.  Sec.  IX.  Cattle  stealing  shall  be  denominated  simple  cattiesteai- 
larceny,  and  be  so  charged  in  the  indictment,  and  shall  include  '"^' 
the  theft  or  larceny  of  any  horned  animal  or  animals,   and  all 
animals  having  the  hoof  cloven,  except  hogs. 

§4295.  Sec.  X.  The  indictment  shall  sufficiently  describe  the  indictment. 
animal  or  animals  falling  under  the  description  of  cattle  in  the 
preceding  section,  so  that  it  or  they  may  be  ascertained  and 
identified  by  the  owner  or  owners  thereof. 

^^§4296.  Sec  XI.  The  stealing  of  one  or  more  animals  falling  p„„i,hnKnt 

/     /under  the  above  description  of  cattle,  if  the  value  does  not  ex- 

K    ceed  the  sum  of  twenty  dollars,  shall  be  punished  by  tine  and 

^      imprisonment  in  the  common  jail  of  the  county  for  any  time  not 

\    longer  than  six  months,  at  the  discretion  of  tlie  court — but  if  the 

,  ^,  value  of  the  animal  or  animals  stolen  exceeds  the  sum  of  twenty 

-'vdollars,  the  person  convicted  shall  be  punished  by  imprisonment 

and  labor  in  the  penitentiary  for  any  time  not  less  than  one 

1  year  nor  longer  than  four  years. 

'  §  4297.  Sec.  XII.  The  stealing  of  a  hog  or  hogs  is  simple  lar-  „„„  gj^^,. 
ceny,  and  shall  be  so  charged  in  the  indictment ;  and  the  hog  or  *"^-^ 
hogs  so  described  that  it  or  they  may  be  identified  by  the  owner. 


832  PT.  4.— TIT.  1.— Penal  Code. 

Division  6. — Of  Crimes  and  Offences  relative  to  Property. 


Punishment     §4398.  Sec.  XIII.  The  punishment  of  hog  stealing,  if  the 
hog  or  hogs  stolen  do  not  exceed  the  value  of  twenty  dollars, 
shall  be  fine  and  imprisonment  in  the  common  jail  of  the  county 
'    Mi^^^^-         for  any  time  not  exceeding  six  months,  at  the  discretion  of  the 
f^  y^  court — but  if  the  value  of  the  hog  or  hogs  stolen  exceeds  the 

sum  of  twenty  dollars,  the  person  convicted  shall  be  punished 
by  imprisonment  and  labor  in  the  penitentiary  for  any  time  not 
less  than  one  year  nor  longer  than  three  years. 

other  ani-        §4299.  Seo.  XIV.  All  Other  domestic  animals  which  are  fit 

™*'''  for  food,  and  also  a  dog,  may  be  subjects  of  simple  larceny — and 

any  person  or  persons  who  shall  steal  any  such  animal  or  ani- 
mals, shall  be  punished  by  fine  and  imprisonment,  or  fine  or  im- 
prisonment in  tbe  common  jail  of  the  county,  at  the  discretion  of 
the  court. 

Altering      "^  4300,  Sec.   XV.  If  any  person  or  persons  shall  mark  and 

brands  or  ^  ,  •  i  •         i    ,      x-  •  i 

marks,  sanio  jjraud,  or  mark  or  brand  any  animal  or  animals  ueiore  mentioned, 
or  alter  or  change  the  mark  or  marks  or  brand  or  brands  of  any 
such  animal,  being  the  property  of  another,  with  an  intention  to 
claim  or  appropriate  the  same  to  his  or  her  own  use,  or  to  pre- 
vent identification  by  the  true  owner  or  owners  thereof,  the  per^i 
son  or  persons  so  oftending  shall  be  guilty  of  a  misdemeanor,  and 
.  on  conviction  shall  suffer  the  same  punishment  as  is  inflicted  for 
'  the  theft  or  larceny  of  said  animal  or  animals. 
Larccnyof"^      §430l.  Sec.  XVI.  If  any  pcrson  shall  take  and  carry  away 

deedsor  pa-       ^  ,  ,        /    \,,  ,  .   .  ,      ,     -^  •'- 

pers— poni-  auv  papcr,  docuiiient,  deed,  will  or  other  writin<r,  relating  to  real 

tentlary  1  to        •'    ^     '  .  .  .  .  .       ' 

3y«arB.  qj.  personal  estate,  with  an  intention  to  im})air,  prevent,  or  render 
ditficult  the  establishment  of  a  title  to  real  or  personal  estate,  or 
mutilate,  cancel,  burn  or  otherwise  destroy  said  paper,  document, 
deed,  will  or  other  writing,  with  the  intention  aforesaid,  such 
person  shall  be  guilty  of  simple  larceny,  and  be  punished  by  im- 
prisonment and  labor  in  the  penitentiary  for  any  time  not  less 
than  one  year  nor  longer  than  three  years. 
Larceny  of  §4302.  Sec.  XVII.  If  any  person  shall  take  and  carry  away 
i^"— peni-*'any  bond,  note,  bank  bill  or  due  bill,  or  paper  or  papers  securing 
^4yl-ari  *  the  payment  of  money  or  other  valuable  thing,  or  any  receipt, 
acquittance,  or  paper  or  papers  operating  as  a  discharge  for  the 
payment  of  money  or  other  thing  belonging  to  another,  with  in- 
tent to  steal  the  same,  such  person  shall  be  guilty  of  simple  lar- 
ceny, and  be  punished  by  imprisonment  and  labor  in  the  peni- 
tentiary for  any  time  not  less  than  one  year  nor  longer  than  four 
years. 


PT.  4.— TIT.  1.— Penal  Code.  833 


Division  6. — Of  'Crirries  and  OflFencea  relative  to  Proporty. 


,  §  4303.   Sec.    XVIII.   Theft  or  larceny  may  be  committed  of  of  flrturea. 
any  thing  or  things  which,  in  the  language  of  the  law,  savors  ot 
the  realty,  or  of  ^ny  fixture  or  fixtures;  and  the  punishment 
shall  be  by  fine  or  imprisonment  in  the  common  jail  of  the  coun- 
ty, or  both,  at  the  discretion  of  the  court. 

§  430i.  Src.  XIX,  Plunderingor  stealing  any  article  of  value  Plundering 
from  a  vessel  in  distress,  or  from  a  wreck,  or  any  other  vessel,  fro^      ^ 
boat,  or  water-craft,  within  the  jurisdictional  limits  of  this  State,  Iist^easedi' 
is  simple  larceny,  and  shall  be  punished  by  imprisonment  and^*'*^* 
labor  in  the  penitentiary  for  any  time  not  less  than  one  year,  nor 
longer  than  five  years. 

§  4305.    Sec.    XX.    The  stealing  of  a  slave  is  simple  larceny,  s\e»Hng a 
and  shall  be  punished  by  imprisonment  and  labor  in  the  peniten- 
tiary for  any  time  not  less  than  four  years,  nor  longer  than  ten 
years. 

§  430G,  Si:c.  XXI.  Any  person  who  shall,  by  any  enticement,  QiviKir pass 

■,  .     .  I  ,  '      'i  ^  '"  '^  slave 

or  by  givmg  a  pass,  or  by  any  other  means,  mduce  a  slave  to  run  feloniously, 
away  from  his  or  her  owner,  with  the  intention  to  sell  said  slave, 
or  otherwise  appropriate  the  said  slave  to  his  (the  offender's)  own 
use,  or  the  use  of  any  other  person,  and  thereby  to  deprive  the 
owner  of  the  tlic  use  and  services  of  said  slave,  shall  be  guilty  of 
simple  larceny,  and,  on  conviction,  shall  be  punished  by  impris- 
onment and  labor  in  the  penitentiary  for  any  time  not  less  than 
four  years  nor  longer  than  ten  years. 

"^  4307.  Sec.  XXII.  All  simple  larcenies  or  thefts  of  the  per- other larce- 
sonal  goods  of  another,  not  mentioned,  or  particularly  designated"'**' 
in  this  Code,  shall  be  punished  by  imprisonment  in  the  common 
^  jail  of  the  county  for  any  time  not  longer  than  one  year;  Pro- 
;    mded,  the  thing  or  things  stolen  do  not  exceed  the  value  of  twen- 
ty dollare;  but  if  they  do  exceed  in  value  the  sum  of  twenty 
dollars,  then  the  person  convicted  of  such  larceny,  shall  be  pun- 
dished  by  confinement  and  labor  in  the  penitentiary  for  any  time 
/not  less  tlian  one  year,  nor  longer  than  five  years. 

§4308.  Siix;.  XXIII.  Tlieffc  or  larceny  from  the  person  as  distin-  Larceny 
guished  from  robbery  before  described,  is  the  wrongrful  and  fraud-  p'*™"" 
ulent  taking  oT  money,  goods,  chattels,  or  effects,  or  any  article 
of  value  from  the  person  of  another,  privately,  without  his  knowl- 
edge, in  any  place  whatever,  with  intent  to  steal  the  same. 
I      f  4309.  Sec,  XXIY.  A  person  convicted  of  this  class  of  lar-  ponif^ntia- 
ccny,  shall  be  punished  by  imprisonment  and  labor  in  the  peni-  fll«7«'^ 
tentiary  for  any  time  not  less  than  two  years,  nor  longer  than 
53 


834 


PT.  4.— TIT.  1.— Penal  Code. 


Division  4. — Of  Crimea  and  Offenoea  Eolati\re  to  Property. 


^"^ 


r' 


Lanx'nv 
from  Uio 
h<'iift<.<. 


\' 


VV 


u\ 


five  years;  and  if  the  offence  was  committed  in  a  public  pla<je, 
or  where  many  persons  are  assembled,  it  shall  be  conbidored  as 
greatly  adding  to  the  criminality  of  the  act,  and  the  punishment 
shall  be  increased  in  consequence  thereof,  but  in  no  case  to  ex- 
ceed live  years. 

Whfit8<rrpt,  «)  4310.  Siic.  XXV.  Any  sort  of  secret,  sudden,  or  wioncrful 
incKhiiUtK?  taking  irom  the  person  with  the  intent  described  m  the  twentv- 
third  section  of  this  division,  without  using  intimidation,  or  open 
force  and  violence,  shall  be  within  thi.-^  class  of  larceny,  though 
some  small  force  be  u-^ed  by  the  thief  to  po.«s-ess  hiniK'lf  of  the 
property;  Provided^  there  be  no  resistance  by  the  nwiM  r,  or  in- 
jury to  his  person,  and  all  tlio  circumstances  of  the  cjise  show 
that  the  thing  was  taken,  not  so  much  against  as  wii lout  the 
consent  of  the  owner. 

*$  4311.  Sko.  XXVI.  Larceny  from  the  house  is  the  lueaking, 
or  entering  any  house  with  an  intent  to  steal,  or  after  breaking 
or  entering  said  house,  stealing  therefrom  any  money,  goods, 
chhttels,  warort,  merchandize,  or  any  tiling  or  things  uf  vahie 
whatever. 
Punifchin^nu!  §4312.  Sko.  XXVII.  A iiv  persoii  wlio,  by  (biy  or  night ,  shall 
in  any  dwelling-house,  store,  sho}>  or  warehouse,  or  any  other 
house  or  buihiing,  ])rivately  luteal  any  goodn,  money,  chattels, 
wares  or  merchandize,  or  any  other  article  or  thing  of  valne, 
shall  be  punished  by  imprisonment  and  labor  in  the  ]»eniteiitiary 
<  for  any  time  not  less  than  two  \ears,  nor  longer  than  five  years. 
Punishment [~  ^  4313.  8eo.  XXVIII.  Anyper.xni  entering  a  dwelling  bouse, 
wTrh"iiI^.^ut  store,  shoj),  or  warehouse,  or  any  other  house  or  buildii'g,  with 
intent  to  steal,  but  who  is  detected  and  prevented  from  so  doing, 
shall  bc])nnisbed  by  iiiipri>f)nmeijt  and  labor  in  the  penitentiary 
for  any  time  noi  less  than  one  year,  nor  longer  than  tliree.years. 
J^  4314.  Sec.  XXIX.  Any  person  breaking  any  dwelling-bouse, 
store,  shoj),  or  warehouse,  or  any  other  house  or  building,  with 
intent  to  steal,  but  who  is  detected  and  prevented  from  ejecting 
such  intention,  shall  W  [»uni^hed  by  imprisonment  and  lalior  in 
the  penitentiary  for  any  time  not  leh>  tlian  otie  year,  nor  longer 
than  three  years;  but  if  the  owner  of  said  buildiirg,  or  any  otlier 
per84m  be  in  the  bouse  at  the  time  of  such  breaking,  and  be  put 
in  fear,  then  the  said  offender  shall  '>e  punished  by  imprisonment  | 
Hud  labor  in  the  p-uitetitiary  for  any  time  not  less  tban  two^ears 
nor  longer  than  live  years. 


t*  eteal. 


l^•■■■ 


Br^nVinR 
«lih  8iich 


PT.  4.— TIT.  1.— Penal  Codb.  835 


Division  6. — Of  Crimea  and  Offencoa  relative  to  PrQpeftj- 


§4315.  Sec.  XXX.  Any  person  breaking  and  entering  any  J^'^^^'^^j 
house  or  building,  (other  than  a  dwelling-house  or  its  appurten- 
ances) with  intent  to  steal,  but  who  is  detected  and  prevented 
from  carrying  such  intention  into  effect,  shall  be  punished  by  im- 
prisonment and  labor  in  the  penitentiary  for  any  time  not  less 
than  two  years  nor  Jon^er  than  tour  years.     And  any  person  eni<»ingMiti 
^.      breaking  and  entering  any  such  house  or  building,  and  stealing 
tlierefroui  any  money,  goods,  chattels,  wares,  or  mcrchandi;^e,  or 
;       any  other  thing  or  article  of  value,  shall  be  punished  by  impris- 
onment and  labor  in  the  penitentiary  for  any  time  not  less  than 
three  years,  nor  longer  than  five  years.     But  if  b.uc1i  breaking, 
entering  and  stealing,  be  accompanied  by  any  violence,  menace, 
or  threat,  or  by  alarming  and  putting  in  fear  any  person  in  said 
,  house,  then  the  imprisonment  and  labor  shall  not  be  less  than 
I  four  years. 

§  4316,  Sec.  XXXI.  Any  house,  bnildinjr,  or  edifice  belons:infi:i'"»>''o»>""<^- 

"  1      J  Oinssinolud- 

to  the  btate,  or  a  corporate  body,  or  appropriated  to  public  wor-  ^i 
ship,  or  any  other  public  purpose,  shall  be  taken  and  considered 
as  a  house  or  building  within  which  tlii.s  class  of  larceny  may  be 
committed, 
v  /    §  4317.  Sec.  XXXII.  Any  person  entering  and  stealing  from  hik,  toet, 
.f    any  hut,  tent,  booth,  or  temporary  building,  shall  be  punished  by  *""■ 
^      imprisonment  and  labor  in  the  penitentiary  for  any  time  not  less 
|than  one  year  nor  longer  than  four  years. 

§4318.  Sec.   XXXIII.  Any  office)-,  servant,  or  other  person  Pi^sonac^ja- 
employed  in  any  public  department,  station,  or  office  of  govern-  pu'biH)  o'&- 
ment  of  this  State,  or  any  county,  town,  or  city  of  this  State,  orb^nks8t«rf- 
in  bank  or  other  corporate  body  in  this  State,  or  any  president,  b^MiTng'^'a. 
director,  or  stockholder  of  any  bank,  or  other  corporate  body  in  i'r«i.wty. 
this  Slate,  who  shall  embezzle,  steal,  secrete,  fraudulently  take  and 
carry  away  any  money,  gold  or  silver  bullion,  note  or  notes,  bank 
bill  or  bills,  bill  or  bills  of  exchange,  warrant  or  warrants,  bond 
or  bonds,  deed  or  deeds,  draft  or  drafts,  check  or  checks,  security 
or  securities  for  the  payment  of  money  or  delivery  of  goods,  or 
other  things,  lease,  will,  letter  of  attorney,  or  other  sealed  instru- 
ment, or  any  certificate  or  other  public  security  of  the  State  f(>r 
the  payment  of  money,  or  any  receipt,  acquittance,  release,  or 
discharge  of  any  debt,  suit,  or  other  demand,  or  any  transfer  or 
assurance  of  money,  stock,  goods,  chattels,  or  other  property,  or 
any  day-book,  or  other  book  of  accounts,  or  any  agreement  or 
contract  whatever,  such  person  so  offending,  shall,  on  conviction 


836  PT.  4.— TIT.  1.— Penal  Code. 

Division.  6 — ^Of  Crimes  and  Offences  relative  to  Property. 

be  punished  by  imprisonment  and  labor  in  the  penitentiary  for 
any  time  not  lees  than  two  years  nor  longer  than  seven  years. 
frfud^'nti  §  4319.  Sec.  XXXIV.  If  any  factor,  commission  merchant^ 
^^^^J"^^),"gS^j.  warehouse-keeper,  wharfinger,  wagoner,  stage-driver,  or  other 
proceeds,  common  carrier  on  land  or  water,  or  any  other  bailee,  with  whom 
any  money,  bank  bill  or  bills,  note  or  notes,  bill  or  bills  of  ex- 
change, draft  or  drafts,  check  or  checks,  l^ond  or  bonds,  or  other 
security  or  order  for  the  payment  of  money,  or  other  valuable 
thing,  or  any  cotton,  corn,  or  other  produce,  goods,  wares,  or 
merchandize,  or  any  other  thing  or  things  of  value,  are  or  may 
be  entrusted  or  deposited  by  any  person,  shall  fraudulently  con- 
vert the  same,  or  any  part  thereof,  or  t;Jie  proceeds  of  any  part 
thereof,  to  his  or  her  own  use,  or  otherwise  dispose  of  the  same 
or  any  part  thereof,  without  the  consent  of  the  owner  or  bailor, 
and  to  his  or  her  injury,  and  without  paying  to  such  owner  or 
bailor,  on  demand,  the  full  value  or  market  price  thereof;  or  if, 
after  a  sale  of  any  of  the  said  articles,  with  the  consent  of  the 
owner  or- bailor,  such  person  shall,  fraudulently  and  without  the 
consent  of  the  said  owner  or  bailor,  convert  the  proceeds  thereof, 
or  any  part  of  the  said  proceeds,  to  his  or  her  own  use,  and  fail 
or  refuse  to  pay  the  same  over  to  euch  owner  or  bailor  on  de- 
mand, every  such  person  so  <»ffending  shall,  on  conviction,  be 
punished  by  imprisonment  and  labor  in  the  penitentiary  for  any 
time  not  less  than  two  years,  nor  longer  than  seven  years. 
oierkB.  ^  4:320.    Skc.    XXXV.    If  any  person  employed  as  a  clerk, 

frami.u*i'tiy  agent,  or  servant,  or  in  any  other  character  or  capacity  in  any 
wM.vmi'i.'i   store,  warehouse,  counting-room,  exchange  office,  sliop,  or  other 
tru'sfud'^    place  of  trade,  trafiic,  or  exchange  where,  from  the  nature  of  the 
*'"''"■         busines:?  or  employment,  it  is  necessary  or  usual  to  entrust  to  such 
person  any  goods,  wares,  or  merchandize,  cotton,  corn,  or  other 
produce,  money,  notes,  bilk  of  exchange,  bank  notes,  checks, 
drafts,  ordei-s  for  payment  of  money,  or  other  valuable  thing,  or 
any  other  thing  or  article  of  value,  shall  fraudulently  take  aud 
carry  away,  or  convert  to  his  own  use,  or  otherwise  dispose  of 
any  of  the  said  goods,  wares,  or  merchandize,  cotton,  corn  or 
other  produce,  money,  notes,  bills  of  exchange,  bank  notes,  checks, 
drafts,  orders  or  other  thing  or  things  of  value  thus  entrusted  to 
him,  or  committed  to  his  charge,  to  the  injury  and  without  the 
consent  of  the  owner  thereof,  or  person  thus  entrusting  him ; 
such  person  so  offending  shall,  on  conviction,  be  punished  by 


PT.  4.— TIT.  1.— Penal  Code.  887 

Division  G. — Of  Crimes  and  Ofifences  relative  to  Propertj'. 

imprisonment  end  labor  in  the  penitentiary  for  any  time  not  less 
than  one  year,  nor  longer  than  five  years.  * 

f     §4321.  Sec.  XXXYI.  If  any  person  who  has  been  entrusted  Aayoth«r 
by  another  with  any  money,  note  or  notes,  bill  or  bills  of  ex- offending, 
change,  bond  or  bonds,  check  or  checks,  draft  or  drafts,  bank 
note  or  notes,  order  or  orders  for  the  payment  of  money,  or  oth- 
■er  valuable  article  or  thing,  or  any  cotton,  corn,  or  other  pro- 
duce, goods,  wares,  or  merchandize,  horse  or  horses,  mule  or 
mules,"  cattle,  sheep,  goats,  hogs,  or  other  article  or  articles  of 
value,  for  the  purpose  of  applying  the  same  for  the  use  or  bene- 
fit of  the  person  to  whom  they  belong,  or  the  person  delivering 
them,  or  any  of  them;   or  for  the  purpose  of  collecting  mon- 
ey or  other  thing  due  on  any  such  note  or  notes,  bill  or  ])ills  of 
exchange,  bond  or  bonds,  check  or  checks,  draft  or  drafts,  bank 
note  or  notes,  or  order  or  orders,  and  paying  the  ])roceeds  there- 
of over  to  tlie  owner  or  other  person  so  entrusting  or  delivering 
the  same;  or  for  the  purpose  of  selling  such  cotton,  corn,  or  oth- 
er ])roduce,  gdods,  wares,  or  merchandize,  horse  or  horses,  mule 
or  mules,  cattle,  sheep,  goats,  hogs,  or  other  valuable  article,  and 
paying  over  the  proceeds  of  such  sale  to  the  owner,  or  other  per- 
son so  entrusting  or  delivering  the  said  article  or  articles,  or 
any  of  them,  or  the  money,  or  other  thing  aridng  from  the 
sale  or  collection  of  any  of  them,  to  his  or  her  own  \ise,  or 
shall  otherwise  dispose  of  them,  or  any  <A'  them,  to  the  injury 
and  without  the  consent  of  the  owner,  or  other  ■i)crson  so  en- 
trusting or  delivering  them,  and  without  paying  to  sucli  owner 
or  peraon  entrusting  or  delivering  the  same  the  full  value  or  mar- 
ket price 'thereof,  such  person  so  oft'ending  shall,  on  conviction, 
be  punished  by  imprisonment  and  labor  in  the  penitentiary  for 
\  any  time  not  less  than  one  year,  nor  longer  than  five  years. 

I  4322.  Seo.  XXXVII.  Any  president,  director,  or  other  offi- Bank  officers 
cer  of  any  chartered  bank  in  this  State,  who  shall  violate  or  belharter.^*^* 
concerned  in  violating  any  provision  of  the  charter  of  such  bank 
shall  be  guilty  of  a  high  misdemeanor,  and,  on  indictment  and 
conviction  thereof,  shall  be  punished  by  imprisonment  and  labor 
in  the  penitentiary  for  any  term  not  less  than  one  year,  nor  long- 
er than  ten  years! 

^4323.  Sec.  XXXVIII.  Every  president,  director,  or  other  rresump- 
ofiicer  of  any  chartered  bank  in  this  State,  shall  be  deemed  to suThc^ce™. 
possess  such  a  knowledge  of  the  affairs  of  the  corporation,  as  to 
enable  him  to  determine  whether  any  act,  proceeding  or  omia- 


83^  PT.  4.— TIT.  1.— Pei^al  Code. 


Division  6. — Of  Crirrtea  and  Offences  relative  to  Propert}'. 


Ac. 


sion,  is  a  violation  of  the  charter.  And  every  president  and  di- 
rector wiio  snail  be  present  at  a  meeting  when  such  violation 
shall  happen,  shall  he  deemed  to  have  concurred  therein,  unless 
he  shall,  at  the  time,  cause,  or  in  writing  require,  his  dissent 
therefrom  to  be  entered  at  large  on  the  minutes  of  the  board. 
And  every  president  and  director  not  present  at  any  meeting, 
when  such  violation  shall  take  ])lace  shall,  nevertheless,  be  deem- 
ed to  have  concurred  therein,  if  the  facts  constituting  such  vio- 
lation appear  on  the  bookfi  of  the  corporation  and  he  remain  a 
director  for  three!  months  thereafter,  and  do  not,  within  that  time 
cause,  or  in  writing  require,  his  <h'ssent  from  such  illegal  proceed- 
ing to  be  entered  at  large  on  the  minutes  of  the  board.  ' 
ISowy"  ^"^'^24.  Sec.  XX  XIX.  Every  insolvency  of  a  cliartered  bank, 
"kemSd  ^^  refusal,  or  failure  to  redeem  its  bills  on  demand,  either  with 
specie  or  cnrreut  hank  bills  parsing  at  par  value,  shall  be  deemed 
fraudnlodt,  utid  the  president  and  direc?tors  may  be  severally  in- 
dicted lor  a  misdemeanor,  and  on  conviction,  shall  be  jninished 
by  imprisonment  and  labor  in  the  penitentiary  fur  any  time  not 
less  than  one  year,  nor  longer  tlian  ten  years;  Provld^d^  never- 
t/Lel€s.s\  that  the  defendant  may  repel  the  presumption  of  fraud, 
by  showing  that  the  affairs  of  the  bank  have  been  fairly  and  le- 
gally administered,  and  generally  with  the  same  care  and  dili- 
gence that  agcTit*  receiving  a  cammiesion  tor  their  services  are 
required  and  hound  by  law  to  observe;  and,  \ipon  such  showing, 
the  jury  shall  acijuit  the  prisoner. 

§  4825.  Sicc.  XL,  All  conveyances,  ussignments,  transfers  of 
*c^?BCi«A  *^^'^'^K  effects,  or  other  contracts  made  by  any  bank  in  conttmpla- 
ti'jn  of  insolvency,  or  after  insolvency,  except  for  the  benefit  of 
;U1  the  creditors  and  stockholders  of  said  bank  shall,  unless  made 
to  an  innocent  purchaser  lor  a  valuable  consideration,  and  with- 
out knowledge  or  notice  of  the  condition  of  said  bank,  be  fraud- 
ulent and  void.  And  the  president,  directors,  and  other  ofiicera 
of  said  bank,  or  any  of  them,  making  or  consenting  to  the  mak- 
ing of  sucli  conveyance,  ai*signment,  transfer,  or  contract,  wheth- 
er the  same  be  made  to  an  innocent  purchaser  or  any  other,  shall 
severally  l>e  guilty  of  a  misdemeanor,  and,  on  indictment  and 
conviction  thereof,  shall  be  punished  by  imprisonment  and  labor 
in  the  penitentiary  lor  any  time  nc>t  less  than  four  years,  nor  long- 
er than  ten  vear^. 


Carteln 
transfei 
ftcof  B 

frMidnlont. 


FT.  4.— TIT.  1.— Penal  Code.  839 


Division  6— Of  Crimea  and  Offences  relatiye  to  Property. 


§  4326.  Sec.  XLI.  If  any  president,  director,  officer  or  agent  B«k^.« 
of  any  bank  shall,  by  himself  or  agent,  or  in  any  other  manner,  ^>fw^r  at 
either  for  himself  or  for  the  bank,  directly  or  indirectly  pur- 
chase, or  be  interested  in  the  purchase  of  any  bill,  or  check,  or 
other  evidence  of  debt  issued  by  the  said  bank,  for  a  less  sum 
than  shall  appear  then  due  on  the  face  thereof,  such  person  so 
offending,  shall  be  guilty  of  a  misdemeanor,  and,  on  indictment 
and  conviction  thereof,  shall  be  punished  by  imprisonment  and 
labor  in  the  penitentiary  for  any  time  not  lose  than  four  years, 
nor  longer  than  ten  years. 

*^  4327.  Sec.  XLII.  No  dividends  shall  be  made  by  any  bank,  peciaring 

"  ^  .  .  frMidulent 

except  from  the  net  profits  arising  from  the  business  of  the  cor- duideiids. 
poration ;  and  if  any  president  and  directors  shall  declare,  or 
pay  over  any  dividend  from  the  capital  stock,  or  any  other  funds 
of  the  bank,  except  the  net  profits  thereof,  such  president  and 
directors  shall,  severally,  be  guilty  of  a  misdemeanor,  and,  on 
indictment  and  conviction  thereof,  shall  he  punished  by  confine- 
ment and  labor  in  the  penitentiary  for  any  time  not  less  than 
one  year,  nor  longer  than  ten  years. 

§  4328.  Sec.  XLIII.  If  the  president  and  directors  of  any pnrchasinK 
bank,  or  any  of  them,  shall  use  and  apply  any  part  of  the  capital  capuaut««k 
stock  of  such  bank  to  the  ])urchase  of  phares  of  its  own  stock, 
■  such  president  and  directors  shall  be  guilty  of  a  misdemeanor,  and 
on  indictment  and  conviction  thereof,  shall  l)e  punished  by  im- 
prisonment and  labor  in  the  penicentiary  for  any  time  not  less 
than  one  year,  nor  more  than  ten  years. 

§  4320.  Sec.  XLIV.  If  any  person  shall  dig  or  take  and  carry  uniawftiii 
away  from  the  land  of  another,  any  gold,  bullion,  silver,  or  ether  "'^"'^* 
metallic  substance,  with  intent  to  appro])riatc  the  same  to  his,  or 
her  own  use,  without  having  previously  obtained  permission  of 
the  owner  of  such  land  so  to  do,  he  or  she  shall  be  guilty  of  a 
misdcmeauor,  and  iipuu  conviction,  shall  be  punished  with  fine 
or  impritionment  in  tiie  common  jail,  or  both,  at  the  discretion  of 
the  court. 

§4330.  Sec.   XLV.  If  any  person   shall  erect  or  use  any  ma- Erection «r 
chinery  for  the  purpose  oi'  procuring  gold  or  other  metals  from  ehiSer^to 
the  land  of  another,  with  intent  to  appropriate"  the  same  to  his  ^'"'**^'"^^^** 
or  her  own  use,. or  for  any  other  person  whatsoever,  without  the 
j-)ermission  of  the  owner  of  the  land  or  liis  agent,  he  or  she  shall 
be  guilty  of  a  high  misdemeanor,  and  upon  conviction  shall  be 


840  PT.  4.— TIT.  1.— Penal  Code. 

Division  6, — Of  Crimes  and  OfiFences  relative  to  Property. 


punished  by  fine  or  imprisonment  in  the  common  jail,  or  both, 
at  the  discretion  of  the  court. 
EmbezzDDg      §  4331.  Sec.  XLYI.  Auv  Clerk  of  the  Inferior  Court  or  Coun- 

of  county  ^  •  o 

ftmda  ty  Treasurer  of  any  county  in  this  State,  who  shall  divert,  misap- 
ply, embezzle  or  conceal  any  money  belonging  to  the  county  of 
which  he  is  such  Clerk  or  County  Treasurer  as  aforesaid,  with 
intent  to  appropriate  the  same  to  his  own  use,  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction,  shall  be  punished  with  fine 
or  imprisonment  in  the  common  jail,  or  both,  at  the  discretion  of 
the  court,  and  shall  moreover  be  removed  from  office;  and  on  the 
trial  of  such  defendant,  proof  of  his  having  failed  or  refused  to 
make  an  exhibit  to  the  grand  jury  of  the  county  of  which  he  is 
such  Clerk  or  County  Treasurer,  at  tiie  Superior  Court  iir^t  held 
in  each  year  in  said  county  (unless  prevented  by  Providential 
cause)  a  full  and  complete  statement  of  the  county  funds,  us  re- 
(|uired  by  law,  received  by  hira  during  the  ])recoding  year,  shall 
be  deemed  prim/i  facie  evidence  of  guilt  and  throw  the  burden 
ol,'  proof  on  the  defendant.  The  prosecuting  officer  on  the  trial 
of  any  indictment  founded  on  this  clause,  shall  not  be  required  to 
identify  the  money,  coin  or  bank  bills,  or  other  ])ropcrty  iiiisap- 
plied,  embezzled  or  concealed ;  but  in  all  cases,  an  allegation  that 
any  sum  of  money  or  evidence  of  debt  has  been  received  by  the 
defendant,  belonging  to  the  county,  and  that  he  fails  or  refuses 
to  account  for  the  same,  if  ])roved,  shall  authorize  a  conviction, 
unless  the  defendant  shall  set  uji  and  t-ustain  a  valid  and  legal 
defence  to  the  charge, 
interfmmx'  §  4332.  Sec.  XLVll.  Any  person,  wiio  by  himself,  his  agent, 
bn^"'***or  servants,  shall  mutilate  or  in  any  wise  injure  or  destroy  any 
private  burying  ground,  which  has  been  reserved  in  jj)iy  private 
or  public  sale  of  the  surrounding  land,  shall  be  guilty  of  a  mis- 
demeanor, and  on  conviction,  shall  be  fined  in  a  sum  I'ot  exceed- 
ing five  hundred  dollars,  or  imprisoned  in  the  common  jail,  not 
exceeding  six  monthip. 

§  4333.  Sec.  XLYIII.  Any  person  who  shall  fraudulently 
cause  any  process,  attachment,  distress,  or  execution  to  be  le^^ed 
on  any  estrayed  animal,  or  any  lot  or  lots  of  laud,  or  other  pro- 
perty, knowing  the  same  not  to  be  subject  to  such  process  or 
writ,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  for  the 
first  ofience,  shall  be  fined  or  imprisoned,  or  both,  at  the  discre- 
tion of  the  court;  and  on  any  subsequent  conviction  shall  be  sen- 


gr»and8. 


Franduleot 
levies  on 
property. 


PT.  4.— TIT.  1.— Penal  Code  841 


Diyiaion  6. — Of  Criimes  and  Oflfenees  relative  to  Property. 

tenced  to  labor  in  the  penitentiary  not  less  than  two  nor  longer 
than  four  years. 

§  4334.  Sec.  XLIX.    Any  person  intruding  unlawfully  ^pon^*™^^"" 
the  constructed  track  ef  any  chartered  railroad  company  of  this  tracks. 
State,  or  the  State  railroad,  contrary  to  the  will  of  the  company  or 
Superintendent,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction, fined  or  imprisoned,  or  both,  at  the  discretion  of  the 
court. 

§  4335.  Sec,  L.  If  any  person  shall  willfully  and   maliciously  Distroying 

■1  .  1  1  .     •    '  -I  .  injuring  or 

destroy,  or  m  any  manner  hurt,  damage,  miure  or  obstruct,  or  obstructing 
shall  willfully  and  maliciously  cause,  or  aid  and  assist,  or  counsel 
or  advise  any  other  person  or  persons  to  distroy,  or  in  any  man- 
ner to  hurt,  damage,  or  injure,  or  obstruct  any  such  railroad,  or 
any  branch  thereof,  or  any  bridge  connected  therewith,  or  any 
vehicle,  edifice,  right  or  privilege  granted  by  charter,  and  con- 
structed for  use  under  authority  thereof;  or  if  an}'  unauthorized 
person  or  persons  shall  turn,  move,  or  inany  manner  interfere  or 
meddle  with  any  gate,  switch,  sideling,  or  other  appurtenances  to 
any  such  railroad,  such  person  so  offending,  shall  be  guilty  of  fel- 
ony ;  and  on  conviction,  shall  be  imprisoned  in  the  penitentiary 
not  less  than  four,  nor  longer  than  eight  years.  If  death  ensues 
from  such  act  to  any  person,  the  offender  shall  be  guilty  of  mur- 
der, and  punished  accordingly.  This  penalty  shall  in  no  case  in- 
terfere Avitli  th.e  offenders  liability  to  civil  damages. 

§  433().  Sec.  LT.  If  any  person  shall  willfully  destroy,  damage,  interference 

...  .  /»'<''  •     wilh  magnet 

or  m  any  way  inpire  the  posts,  .wires  or  fixtures  of  any  magnetic  ic telegraph 
telegraph  company  in  this  State,  he  shall  be  guilty  of  a  misde- 
menor,  and  on  conviction,  shall  be  fined  or  im])risone(l,  or  both, 
at  the  discretion  of  the  courl:. 


844  •  PT.  4.— TIT.  1.— Penal  Code. 

DiviRKJti  1. — Forging  and  Counterfeiting  and  Unlawful  Currency. 

SEVENTH  DIVISION. 

KORCKRY  AND  (OllNTKRFErnNrr  AND  UNLAWFUL  CURRKNCY. 
iSkotion.  .Section. 


4337.  Olficial  ccrtillL^aU^s,  <tc. 

4338.  Counterfeiting  eoiti. 
4330.  Bank  notOH. 

4340.  }}ank  check  or  ilryl't. 


4346.  Any  othf^r  writing. 

4347.  Forged  jiublvo  seol. 

4348.  Using  fictitioiiB  name, 

4349.  Personating  another. 


4341.  Altering  bank  nolo.  4350.  Bu>-ing  under  nUsp,  letters,  &c 


4342.  Knowingly  utli^ring. 

4343.  Po?KO.S!<ing  to  paPR. 

4344.  ros80!<sing  implemonlH. 
434.').   Fory-ing  notes,  hillrt,  &c 


'1351.  lesuing,  kc  unlawful  currency. 
-1352.  Each  bill — new  ofTeniyt. 
43d3.  Duty  ol  grand  jury. 
■1354.  Dispo^^ition  of  lim;. 


offi^Soer-^  §4337.  Skc.  I.  If  any  j^fiivsaii  or  pei'isong  sliall  falsely  and 
ti  eates,  '■•fj-audulently  make,  forge,  alter  or  counterfeit,  or  cause  or  procure 
to  be  talsely  and  fraudulently  made,  forged,  altered  or  counter- 
feited, or  willingly  aid  (jr  a>>si8tin  f^iUely  and  fraudulently  making 
forging,  altering  or  counterfeiting  any  audited  certiticateor  other 
certificate  issued  or  purporting  to  have  been  issued  by  the  Auditor 
General,  or  otlier  ofhcer  authorized  to  issue  the  same,  or  any  order 
or  warrant  issued  or  purporting  to  have  been  issued  by  the  Gover- 
nor, or  the  President  of  the  Senate,  or  Speaker  of  the  House  of 
Kepre.*entatives  of  the  (ileneral  Assembly  of  this  State,  or  by  any 
officer  of  the  Government,  or  authorized  person,  on  the  Treasury 
of  said  State,  for  any  money  ov  other  thing,  or  any  warrant  for 
land  issued  or  ptu-porting  to  have  been  issued  by  the  justices  of 
any  laud  (;ourt,  or  by  any  other  ii-ibunal,  officer  or  person,  au- 
thorized to  do  so,  witliin  this  State;  or  any  certificate,  draft, 
warrant  or  order,  from  any  of  the  public  officers  of  this  State, 
issued  or  purporting  to  have  been  issued  under  or  by  virtue  of  an 
act  or  resolution  of  the  General  Assembly  of  this  State  ;  or  any 
certificate,  draft,  order  or  warrant,  issued  or  purporting  to  have 
been  issued  by  any  court,  officer  or  person  authorized  to  draw  oa 
the  Treasury  of  this  State,  or  for  public  money,  wherever  the 
same  may  be  deposited  ;  or  any  deed,  will,  testament,  bond,  writ- 
ing obligatory,  bill  of  exchange,  promissory  note,  or  order  for 
money,  or  goods,  or  otlier  things  of  value,  or  any  acquittance  or 
receipt,  or  any  endoi-sement  or  assignment  of  any  bond,  writing 
obligatory,  bill  oi  excliange,  promissory  note,  or, order  for  money 
or  goods,  or  other  thing  or  things  of  value,  with  intent  to  de- 
fraud the  said  State,  public  officer  or  officers,  courts,  or  any 
pecsojis  aulhorized,or'any,  person  .or  persons -whatever]  or  shall 


PT.  4.— TIT.  1.— Penal  Code.  843 


DiviHiQD  7.— Forging  and  Cownterfeiting  and  Unlawful  Currency. 


Utter  or  pablish  as  true  any  false,  fraudulent,  forged,  altered  or 
counterfeited  audited  certificate,  Governors,  President's,  Speak- 
er's, public  oflScer's,  court's,  or  other  duly  authorized  person's  cer- 
tificate, draft,  warrant  or  order,  so  as  aforesaid  issued  or  purport- 
ing to  have  been  issued,  or  any  deed,  will,  testament,  bond,  writ- 
ing obligatory,  bill  of  exchange,  promissory  note,  or  order  for 
money,  or  goods,  or  other  thing  or  things  of  value,  or  any  ac- 
quittance or  receipt  for  money  or  goods,  or  other  thing  or  things 
of  value  ;  or  any  endorsement  or  assignment  of  any  bond,  writ- 
ing obligatory,  bill  of  exchange,  promissory  note,  or  order  for 
money  or  goods,  or  other  thing  or  things  of  value,  with  intent  to 
defraud  the  said  State,  public  ofiicers,  courts,  or  persons  author- 
ized as  aforesaid,  or  any  other  person  or  persons  whatsoever, 
knowing  the  same  to  be  so  falsely  and  fraudulently  made,  forged, 
altered  or  counterfeited  ;  every  such  person  S9  oflfending,  and 
being  thereof  lawfully  convicted,  shall  be  punished  by  imprison- 
ment and  labor  in  the  penitentiary  for  any  time  not  less  than 
four  years  nor  longer  than  ten  years. 

§4338.  Sec.  II.  If  any  pei-son  shall  falsely  and  fraudulently  c^^^J^J^;, 
make,  forge,  or  counterfeit,  or  be  concerned   in    the   false   and  j^l^^^*^'^ 
fraudulent  making,  forging  and  counterfeiting  of  any  gold,  silver,  |^e'|;5^n"^ 
or  copper  coin,  which  now  is  or  shall  be  passing  or  in  circulation '^'"'^oy*'^'' 
within  this  State ;  or  shall  falsely  and  fraudulently  make,  or  be 
concerned  in  the  false  and  fraudulent  making  of  any  base  coin, 
of  the  likeness  or  similitude  of  any  gold,  silver,  or  copper  coin, 
wliich  now  is  or  shall  be  passing  or  in  circulation  within   this 
State ;  or  shall  falsely   and  fraudulently  utter,  publish,  pay  or 
tender  in  payment  any  such  counterfeit  and  forged  coin  of  gold, 
silver,  or  copper,  or  any  base  coin,  knowing  the  same  to  be  forged 
or  counterfeited,  or  base,  or  shall  aid  or  abet,  counsel  or  com- 
mand the  perpetration  of  either  of  the  said  crimes,  such  person 
shall,  on  conviction,  be  punished  by  imprisonment  and  labor  in 
the  penitentiary  for  any  time  not  less  than  four  years  iior  longer 
than  ten  years. 

§4339.  Sec.  III.  If  any  person  shall  falsely  and  fraudulently  f^^^«^*- 
mal^e,  sign,  or  print,  or  be  concerned  in  the  lalse  and  fraudulent  J^^^^p*'',; 
liiaking,  signing  or  printing  of  any  counterfeit  note  or  bill  of  any^^y**""*- 
bank  of  this  State,  or  the  note  or  bill  of  any  incorporated  bank, 
whose  notes  or  bills  are  in  circulation  in  this  State,  or  falsely  add 
fraudulently  cause  or  procure  the  same  to  be  done,  such  person 
80  offending, -shall;  on  conviction,  be  punished  *by'impri&dninent 


844  FT.  4.— TIT.  1.— Penal  Code. 

Division  7. — Forging  and  Counterfeiting  and  Unlawful  Currency. 


and  labor  in  the  penitentiary  for  any  time  not  less  than  four 
years  nor  longer  than  ten  years. 
BaBkcheck      §  4340.  Sec.  IV.  If  any  person  shall  falsely  and  fraudulently 
make,  sign,  or  print,  or  be  concerned  in  the  false  and  fraudulent 
making,  signing,  or  printing  of  any  check  or  draft  upon  any 
bank  of  this  State,  or  bank  as  aforesaid  ;  or  falsely  or  fraudu- 
lently procure  the  same  to  be  done,  such  person  so  offending 
shall,  on  conviction,  be  punished  by  imprisonment  and  labor  in 
the  penitentiary  for  any  time  not  less  than  three  years  nor  longer 
than  seven  years. 
^iTn^'^^     §4341.  Sec.  V.  If  any  person  shall  falsely  and  fraudulently 
*utri*ry°8  to  ^^^^^r.  Or  bc  conccmed  in  the  false  and  fraudulent  alteration  of 
10  years.      ^uy  genuine  note,  bill,  check,  or  draft  of  or  on  any  bank  as 
aforesaid  ;  or  falsely  and  fraudulently  cause  or  procure  the  same 
to  be  done,  such  person  so  oft'ending  shall,  on  conviction,  be  pun- 
ished by  imprisonment  and  labor  in  the  penitentiary  for  any  time 
not  less  than  tliree  years  nor  longer  than  ten  3  ears. 
SI'S.'/       H343.  Sec.  VI.  If  any  person  .liall  falsely  and   fraudulently 
tbm"'^       pass,  pay,  or  tender  in  payment,  utter  or  publish  any  false,  forged, 
counterfeit  or  altered  note,  bill,  check,  or  drafr,  as  aforesaid, 
knowing  the  same  to  have  been  falsely  and  fraudulently  forged, 
counterfeited,  or  altered  ;  such  person  so  offending  shall,  on  con- 
viction, be  punished  by  imprii^onment  and  labor  in  the  jieniten- 
tiary  for  any  time  not  less  than  two  years  nor  longer  than  ten 
years. 
Posscssins        §  4343.  Sp:(;.  VII.  If  niiv  T>erson  shall  have  in  his  or  her  pos- 

inttudiDiT  to  ,  1    ..  1  >        '    1 

i>ASB  them    session  any  such  false,  lorged,  counterfeit  or  altered  note  or  notes, 
bill  or  bills,  draft  or  drafts,  check   or   checks,   with  intention 
fraudulently  to  pass  the  same,  such  person  so  offending  shall,  on 
conviction,  be  punished  by  imprisonment  and  labor  in  the  peni- 
tentiaiy  for  any  time  not  lees  than  two  years  nor  longer  than 
ten  years, 
f^^prj^r      §'^^^'^-  ^Ec.  VIII,  If  any  person  shall  have  in  his  or  her  po3- 
te^'t^ctnn-  session  any  bank  paper,  types,  ])lates  or  machinery,  for  the  pur- 
terfeit.        Y>os>e  of  falsely  or  fraudulently  forging  and  counterfeiting  any 
notes,  bills,  checks  or  drafts,  as  aforesaid,  such  person  so  offend- 
ing shall,  on  conviction,  be  punished  by  imprisonment  and  labor 
in  the  penitentiary  for  any  time  not  less  than  four  years  nor 
longer  than  ten  years. 


PT.  4.— TIT.  1.— Penal  Code.  845 

Division  7. — Forging  and  Counterfeiting  and  Unlawful  Currency. 

§  4345.  Sec.  IX.  If  any  person  shall  falsely  and  fraudulently  Forging  or 
raake,  forge,  counterfeit  or  alter  any  note,  bil],  draft  or  check  of  tainbiii8,4c. 
or  on  any  person,  body  corporate,  company,  or  mercantile  house 
or  firm,  or  purporting  so  to  be  ;  or  fraudulently  and  falsly  utter, 
publish,  pass,  pay,  or  tender  the  same  in  payment  or  demand 
payment  of  the  same,  knowing  the  said  bill,  note,  draft,  or  check 
to  be  forged  and  counterfeited,  or  falsely  and  fraudulently  al- 
tered, such  person  so  offending  shall,  on  conviction,  be  punished 
by  confinement  and  labor  in  the  penitentiary  for  any  time  not 
less  than  two  nor  longer  than  ten  years. 

S  4346.  Sec.  X.  If  any  person  shall  fraudulently  make,  sign.  Forging  any 
Torge,  coiinterieit  or  alter,  or  be  concerned  m  the  iraudulenting. 
making,  signing,  forging,  counterfeiting  or  altering  any  other 
writing  not  herein  provided  for,  with  intent  to  defraud  any  per- 
son or  persons,  bank  or  other  corporate   body,  or  shall  fraudu- 
lently cause  or  procure  the  same  to  be  done,  such  person  so 
offending  shall,  on  conviction,  be  punished  by  imprisonment  and  ^  j^fj."*®^'* 
labor  in  the  penitentiary  for  any  time  not  less  than  two  years 
nor  longer  than  five  years. 

§4347.  Sec.  XI.  If  any  person  shall  falsely  and  fraudulently  Poi^g  or 
forge  or  counterfeit,  or  be  concerned  in  forging  and  counterfeit- puwfc SI 
ing  the  great  seal  of  this  State,  or  any  seal  used  for  government 
purposes,  the  public  and  common  seal  of  any  court,  office,  county, 
or  corporation,  or  any  other  seal  authorized  by  law,  or  shall  falsely 
and  fraudulently  cause  or  procure  the  same  to  be  forged  and  coun- 
terfeited, or  shall  falsely,  fraudulently,  an^  knowingly  impress, 
or  cause  to  be  impressed,  any  instrument  whatever,  wliether  the 
same  be  written  or  printed,  or  partly  written  and  partly  print- 
ed, with  such  forged  and  counterfeited  seal,  or  shall  falsely, 
fraudulently,  and  knowingly  annex  or  affix,  or  cause  to  be  an- 
nexed or  affixed  to  any  such  instrument,  such  forged  and  ex)un- 
terfeit  seal,  or  shall  falsely  and  fraudulently  utter  or  publish  any 
instrument  or  writing  v.'hatevcr,  impressed  with  such  forged  and 
counterfeit  seal,  knowing  the  same  to  be  forged  and  (iounterfeit, 
sudi  person  so  offending  shall  be  punished  by  imprisonment  and 
labor  in  the  penitentiary,  for  any  time  not  less  than  two  years, 
nor  longer  than  ten  years. 

§4348.  Sec.  XII.  Any  person  who  shall  draw  or  make  a  bill  ^"ifA"?.'.'',. 
of  exchange,  due  bill,  or  promissory  note,  or  endorse  or  accept 
the  same  in  a  fictitious  name,  shall  be  guilty  of  forgery,  and  on 
conviction  be  punished  by  confinement  and  labor  in  the  peniten- 


tioua  nniiieSk 


846  FT.  4.— TIT.  1.— Penal  Cqdk. 


Diyision  7.— Forging  and  Counterfeitlqg  and  Upjiawful  Currency. 


tiarj  for  any  time  not  less  than  two  years,  nor  longer  than  aeven 
years. 
i'o«<Mi*uiig      §  4-349.  Seo.  XIII.  If  any  person  tjliall  put  his  own  name  to 
*■*"**'•      any  instrument,  reprewnting  himself  to  be  a  different  person  of 
that  name,  puch  person  shall  be  guilty  of  forgery,  and  on  convic- 
tion bball  be  j)imi8hed  by  imprit^oninont  and  labor  in  the  peni- 
tentiary fur  auy  time  not  less  than  two  years  nor  longer  tJian 
seven  years. 
m)t«inirg        §4350.  Skc.  XIV.  If  any  portion  shall  designedly,  by  color  of 
on  faille       any  counterfeit  letter  or  writinj:!^,  niadu  in  any  other   persona 
nuitu',  or  nctitious  name,  obtain  from  any  person  money,  goods, 
chattclrt,  or  other  vabi  ih'j  t-'iing,  wirh  intent  to  defraud  any  per- 
son, mercantile  house,  ur  l»ody  cor)>(»rHte,  or  company  of  the  same, 
such  person  so  offending  nhall,  im  conviction,  bo  punished  by  ira- 
l)risonMicnt  and  hibor  in  tlu;  penitentiary  for    any  time  not  less 
than  two  nor, longer  th«n  seven  years. 
unauih»rt«       §4351.  Skc.  XV.  Any  jierson  or  persona,  body  corporate  or 
wir'i^!'^    politic,  who  may  hcrcHfter  make,  ihhue,  ciix:ulHte,  pay  or  tender 
in  payment,  (not  being   an   innocent  holder  thereof)  any  check, 
order,  draft,  or  bill  for  the  payment  of  money,  or  other  thing 
having  the  form  or  similitude  of  a  bank  note,  and  intended  to  be 
used    and  circulated  as  money,  or  circulating  medium,  except 
such  iianking  institutions  and  I'.orjuiratitinB  as  bylaw  are  author- 
ized to  issue  notes,  or  bilU  for  ciiculation,  shall  be  liable  to  in- 
die.tnient.,  as  fur  a  misdenieanoi',  an<l  nn  conviction,  shall  be  pun- 
ished by  tine  or  inipridoiuneiit  in  the  <;ommon  jail,  or  both,  at  the 
discretion  of  the  court. 

<i  4352    Sko  XVI    The  making  or  issuing  ea(;h  check,  order, 

Haeh  bill  R  •  '  .  .  1  1  •         1        • 

o«woff.i,r<v  draft,  or  bill  for  the  payment  of  nnmey,  or  otiier  thing  liaving 
the  similitude  of  money,  as  above,  bhali  be  considered  and  held 
as  a  separate  and  distinct  offence;  and  if  d(me  by  any  corpora- 
tion or  body  politic,  the  othccr  or  member  of  the  same  signing 
the  said  ciieck,  order,  bill  or  other  thing  having  the  similitude  of 
money,  or  intended  to  be  used  as  money,  shall  be  liable  to  prose- 
eutioii  and  couvieti<»n. 
Dntyof  5^4353  Sec.  XVII.  It  shall  be  the  duty  of  every  grand  jury 

j»dg««ad  ^^  ,j„tii.e  and  present  all  violations  of  the  foregoing  provisions  as 
to  unauthorized  currency,  and  of  rlie  presiding  Judges  of  the 
Superior  Gourtii,  whenever  necessary,  to  give  the  same  in  special 
charge. 


PT.4.— TIT.  1.— Pknal  Code. 


m 


D^')eion  7. — Forging  aod  CounU«-f«'itJDg  and  Unlawful  Ourrency. 

S4354.  SEa  XVIII.  In  all  cases  of  conviction  for  violation  of^ispowuon 

c  of  fine* 

rsections  XV  and  XVI,  one-half  of  the  fine  shall  be  paid  to  the 
prosecutor,  if  there  be  one,  and  the  other  half  to  the  Education- 
al Fund  of  the  county. 


EIGHTH  DIVISION. 


CRIMES  AND  0FFKNCE8  AGAINST  TIIK  I'UBLIO  JUSTlCj''.. 


Section. 
4355.   Perjury. 
4356    Punishmcnl. 

4357.  P'aLse  swearing. 

4358.  Punishment. 
4S59.  SubomatioD. 

4360.  Punishment. 

4361.  Disqualiflcation. 

4362.  Verdicta  void. 

4363.  Causmg  death. 

4364.  Bribery. 
4366.   Puui.shment 

4366.  Altering  public  documents 

4367.  Ouelty  in  jailor, 

4368.  Detaining  records. 

4369.  Personating  in  bail 

4370.  Obstructing  procesH. 

4371.  A  assaults  c/)lor  officn& 

4372.  Rescue 

4373.  Punishment  in  criminal  cases, 

4374.  In  civil  cases. 

4375.  Attempt  to  rescuo. 

4376.  .Aiding  to  eacapo. 


Section. 

4377.  From  custody. 

4378.  From  p<^nitouliary. 
4370.   Voluntary  escape. 

4380.  Ifcfuaing  to  receive  prisurvt^r. 

4381.  liefusing  penitentiary  prisoners. 

4382.  Kecoiving  stolen  goodi? 

4383.  Principal  escaping. 

4384    Aooeftwriea  aflor  the  fact. 
4385.   CoiniK>unding  felonies 
438G    C<.)mpounding  pooalties. 
4387.  Conspiracies. 
4;{88.   Barratry. 

4389.  PunL'ilimont. 

4390.  ICinbracory. 

4391.  Malptactiee  by  J.  P. 

4392.  Threatening  letters. 

4393  Extortion 

4394  Punushmont. 
439r).  Other  offences, 
439G.  Mutiny 


jBBS 


4397.  Instigating  mutiny. 

4398.  Receiv'g  stolen  goods  from  negroes. 

§4355.  Sec.  I,  Perjury  shall  consist  in  willfully,   knowingly,  p^^^^,^^ 
absolutely  and  falsely  swearing,  either  w^th  or  without  laying ^°''- 
the  hand  on  the  Holy  Evangelist  of  Almighty  God,  or  affirming 
in  a  matter  material  to  the  isBuc  or  point  in  question,   in  some 
judicial  proceeding  by  a  person  to  whom  a  lawful  oath  or  affirna- 
ation  is  administered. 

§4356.  Sec.  IL  Any  person  who  shall  commit  the  crime  of  Puai3h«»«at 
perjury,  shall  be  punished  by  imprisonment  andlaborin  the  pen- 
itentiary for  any  tirao  not  less  than  four  years,  nor  longer  than 
ten  years, 

§4357.  Seo.  III.  False  swearing  shall   consist   in   willfully,  b««,8w^ 
knowingly,  absolutely  and  falsely  swearing,  either  with  or  with- 
.out  laying  the  hand  on  the  Holy  Evangelist  of  Almighty  God, 


848  FT.  4.— TIT.  1.— Penal  Code. 


Division  8. — Crimes  and  OfiTences  against  Public  Justice. 


^f 


or  affirming  in  any  matter  or  thing  (other  than  a  judicial  pro- 
ceeding) by  a  person  to  whom  a  lawful  oath  or  affirmation  is  ad- 
ministerd. 
ftoio""^     §  4:358.  Skc.  IV.  Any  person  who  shall  commit  the  crime  of 
false  swearing,  shall  be  punished  by  imprisonment  and  labor  in 
the  penitentiary  for  any  time  not  less  than  three  years,  nor  long- 
than  ten  years. 
BuboraaMoD.     §4359.   Sec.  V.  Subomatiou  of  perjury  and  false  swearing, 
shall  consist  in  procuring  another  ]>erson  to  commit  the  crime  of 
perjury  or  iUlfiC  swearing. 
Penitentiary     §4360.  Sbg.  VI.  Any  persou  who  shall  commit  the  crime  of 
subornation  of  i)erjnry,  or  false  swearing,  shall  be  punished  by 
contineinent  and  labor  in  the  penitentiary  for  any  time  not  less 
than  three  years,  nor  longer  than  ten  years. 
Dieqnaiifi<><i      §4301.  Seo.  VII.  Any  person  who  shall  be  lawfully  convicted 
as  witness,    ^^f  ^.jj- jj^jj.  j^f  ^]^q  crimcs  mcutioncd  and  detined  in  the  tirst,  third, 
and  iifth  sections  of  this  division  shall,  in  addition  to  the  pun- 
ishment prescribed  in  the  second,  fourth,  and  sixth  sections  of 
this  division,  be  forever  thereafter  disqualified  from  being  a  wit- 
ness in  any  controversy. 
yeritct^         §4362.  Skc.  VIII.  Any  verdict  or  judgment,  nde  or  order  of 
bS^p^^rjnry'* court,  wliicli  may  have  been  obtained  or  entered  up,  shall  be  set 
set  aside.      _^^.^j^  ^^^  ^^^  ^^.  ^^  cftect,  if  it  sluill  api)ear  that  the  same  was 

obtained  or  entered  up  in   consequence   of  willful  and  corrupt 
perjury;  and  it  shall  be  the  duty  of  the  court  in  which  such 
verdict,  judgment,  rule  or  order  may  have  been  obtained  or  en- 
tered up,  to  cause  the  same  to  be  set  aside  upon  motion  and  no- 
tioe  to  the  adverse  party  ;  but  it  shall  not  be  lawful  for  the  said 
court  to  do  so,  unless  the  person  charged  with  said  perjury  shall 
Provipa      have  been  thereof  dulf  convicted,  and  unless  it  shall  appear  to 
tlie  said  court  that  the  said  verdict,  judgment,    rule   or  order 
could  not  have  l>een  obtained  or  entered  up  without  the  evidence 
of  eucli  perjured  person,  saving  alw^iys  to  third  pei-sons,  innocent 
of  such  perjury,  the  right  which  they  may  have  lawfully  acquired 
under  such  verdict,  judgment,  rule  or  order  before  the  same  shall 
have  been  actually  vacated  and  set  aside. 
K^  wit-        §  4363.  Sec.  IX.  If  any  person  by  willful  and  corrupt  perjury 
Snh!V«!',"o  shall  take  away  the  life  of  another,  or  by  such  willful  and  corrupt 
"  "*  *"^    perjury  convict  another  of  any  offence,  which  by  this  Code,  is 
punishable  with  deatli  or  perpetual  imprisonment,  such  person 
ghall  be  punished  with  death  or  perpetual  imprisonment. 


PT.  4.— TIT.  1.— Penal  Code.  849 

Division  8.— Crimes  and  Offenses  againsJt  the  Public  Justice. 


S43G4.  Sec.  X.  Bribery  is  the  erivins;  or  receivinsr  anv  undue  Bnwry  <»«• 

•'  ,  .    .'^  1    fined, 

reward  to  influence  the  behavior  of  the  person  receiving:  snch 
'Reward  in  the  dischari^e  of  his  duty,  in  any  ofHee  of  provernment 
or^of  justice. 

i     §43G5.  Sec.   XI.  If  any  person   shall   directly,  or  indirectly  J^|.»^«n^ 
'give,  or  oiFer  to  give  anv  money,  goods,  or  otlier  bribe,  present 
or  reward;  or  give  or  make  any  promise,  contract  or  agreement 
for  the  payment,  delivery  or  alienation  of  any  money,  good?, 
lands,  or  other  bribe  ;  or  use  any  proinises,  threats,  persn!i:-iou?, 

•  -or  other  like  sinister,  unfair,  or  fraudulent  practices  in  order  to 
obtain  or  influence  the  opinion,  judgment,  decree,  or  behavior,  of 

;     any  member  of  tlie  General   Assembly,  ^^r  any  ofiicer  of  this 

V     State,  Judge,  «Tustice,  referee  or  arbitrator  in  any  discussion,  de- 
bate, action,  suit,  com})]aint,  indictment,  controversy,  malter,  or 

-,  •  cause  depending,  or  which  shall  depend  before  him  cu'them,  such 
V    person  shall,  on  conviction,  be  punished  by  imprisonment  and  la- 
bor in  the  penitentiary  for  any  time  umC  less  than  one  year,  nor  '■ 
more  than  live  vears.     And  the  member  of  the  General  Assem^ 

11  />•  Ti  T"  f  y  •  >iii  Of  the  per- 

bly,  or  omcer.  Judge,  Justice,  referee  or  arbitrator  who  shall  ac-f  on  bribed. 
~^(  cept  or  receive  such  bribe,  shall,' on  conviction,  be  punisbe^l  by 
imprisonment  and  hibor  in  the  penitentiary  for  any  time  not  less 
than  two  years,  nor  longer  than  ten  ye<irs,  and  shall,  moreover, 
Ibe  removed  from'  his  oiiice. 

X43G6.  Sec.   XII.  If  any  Judge,  Justice,  Mayor,  Alderman,  stealing,  ai- 
Clerk,  Sheriff,  Coroner,  or  other  public  ofiicer,  or  any  other  ])erson  of"r/buf^' 
\vhat.soever,  siiali  steal,  embezzle,  altc^-,  corrupt,  withdraw,  falsi- '''^''"*°**' 
fy,  or  avoid  any  record,  process,  charter,  gift,  grant,  conveyance 
or  contract;  or  shall  knowingly  and  willingly  take  off,  discharge, 
or  conceal  any  issue,  forfeited  recogniz;^,nce,  or  other  forfeiture; 
or  shall  forge,  deface,  or  falsify  any  document  or  instrument  re- 
corded, or  any  registry,  acknowledgment,  or  certificate;  or  shall 
alter,  deface,  or  falsify  any  minute,  document,  book,  or  any  pro- 
ceeding whatever  of,  or  belonging  to  any  public  office  within 
this  State ;  or  if  any  person  shall  cause  or  procure  any  of  the 
offences  aforesaid  to  be  committed,  or  be  in  any  wise  concerned 
therein,  the  person  so  offending  shall  be  punished  by  imprison- 
ment and  labor  in  the  penitentiary  for  any  time  not  less  than 
two  years,  nor  longer  than  ten  years. 

§4367.  Sec.  XIII,  If  any  jailor,  by  too  great  a  duress  of  ira-cs^^,jy  .^ 
prisonment,  or  other  cruel  treatment,  make  or  induce  a  prisoner ^"*"^*- 
to  become  an  approver,  or  accuse  and  give  evidence  against  some 
54 


850  PT.  4.— TIT.  1.— Penal  Code. 


Division  8.— Crimes  and  OflFonoes  against  the  Public  Justice. 


other  person  ;  or  be  guiltj  of  willful  inhumanity  or  oppression  to 
any  prisoner  under  his  care  and  custody,  such  jailor  shall  be 
punished  by  removal  from  office,  and  imprisonment  and  labor  in 
the  penitentiary  for  any  time  cot  less  than  one  year,  uor  longer 
than  three  years. 
Officers  (!«■       §  43G8.  Sec.  XIY.  If  any  officer  after  the  expiration  of  tho 
tK)oks,Ac^    time  tor  wliich  he  may  have  been  elected,  or  a|ipoiu|ed,  shall 
sprs.  willfully  and  unlawfully  withhold,  or  detain  fi'om  hi.*  successor 

the  records,  papers,  documents,  books,  or  other  writing-*  apper- 
taining and  belonging  to  his  ofrice,  or  mutilate,  destroy,  take 
away,  or  otherwise  prevent  the  eoniplcte  possession  by  Lis  said 
successor,  of  said  records,  documents,  papers,  books,  or  other 
writings,  such  person  so  offending,  shall,  on  conviction,  be  pun- 
ished i)y  tine  or  itnprisonment  in  the  common  jail  of  tlie  coun- 
ty, or  both,  at  the  discretion  of  tho  court.  « 
i»er(wnntin«  §  43Gf^.  Sec  XV.  If  any  person  e.xcei)t  the  attorney  of  record 
l^'j^tiVa"^'" shall  acknowledge  or  procure  to  be  acknowledged,  in  any  of  the 
courts  of  this  State,  or  before  any  authorized  officer,  any  reoo^ 
nizance.  bail,  or  judgment  in  the  name  of  any  other  person  not 
privy  or  consenting  thereto,  snch  pen-on,  so  offending,  shall,  on 
conviction,  Ix?  punished  by  imprisonment  and  labor  in  the  peni- 
tentiary for  any  period  of  time  not  less  than  one  year,  nor  longer 
than  four  yeai-s. 
Obstructing  {,'4370.  Sec.  XVI.  If  iiuv  pcreon  ehall  knovringly  and  willr 
lesai  process  ^^jj^  obstHict,  Fcsist  or  opimsc  Euy  Sheriff,  Coroner,  or  other 
officer  of  this  State,  or  other  jHii^Bon  duly  authorized  in  pcrvijig, 
or  attcmjttiiig  to  serve  or  execute  any  lawful  process,  or  order  of 
any  court,  kludge,  Justice,  or  arbitrators,  or  any  other  legal  pro- 
cess whatever;  or  shall  assault  or  beat  any  Sheriff,  Coroner,  Con- 
stable, or  other  officer,  or  person  duly  authorized,  in  serving  or 
executing  any  process  or  order  aforesaid,  or  for  having  served  or 
executed  the  same;  every  person  so  offending,  shall,  on  convic- 
tion, be  puui.-3hed  by  line  and  imprisonment  in  the  common  jail 
of  the  oouuty,  for  any  time  not  exceeding  one  year. 
A8Muit,&c.  ^4371.  Sec.  XVII.  If  any  officer  of  this  State,  whatever, 
^iffle.r''"^ shall  assault  or  beat  any  individual  under  color  of  his  office,  or 
commission,  without  a  lavvfal  necessity  so  to  do,  such  officer  so 
offending,  shall,  on  oo)iviction,  bo  punished  by  fine  and  impris- 
onment, in  the  common  jail,  tor  any  time  not  exceeding  ono 
year. 


PT.  4.— TIT.  1.— Penal  Code.  851 


Diviaion  8. — Crimes  and  Offencea  against  the  Public  Justice. 


84372.  Sec.  X\III.   Rescue  is  the  forcibly  and  knoxnrhsrlv  R«®cue  de- 
ireeing  another  irom  an  arrest  or  imprisonment. 

§4373.  Sec,  XIX.  If  .any  person  shall  rescue  another  in  le«2:al  Punuiiii»eni 

1  .       .       ,  1  m       T  1     It  in  criminal 

custody  on  criminal  process,  such  person  so  onending  shall,  on  e^sea. 
conviction,  receive  the  same  puni^^hment  as  the  person  rescued 
would,  on  conviction,  be  sentenced  to  receive  ;  but  if  the  person 
rescued  shall  liave  been  acquitted  of  the  crime  chai*ged  against 
him,  then  and  in  such  case,  the  person  rescuing  shall  be  punished 
by  imprisonment  in  tlie  common  jail  of  the  county  for  any  time 
not  exceeding  one  year. 

§4374.  Sec.  XX.  If  any  person  shall  rescue  another  in  lei:jal Pi;n;»h;nciit 
-custody  on  civil  process,  such  person  so  otlending  ehalL,  on  con- 
viction,  be  punished  by  a  fine  equal  in  amount  to  the  amount 
of  the  debt  or  demand  for  which  such  process  was  issued,  and 
imprisonment  in  the  common  jail  of  tlie  county  not  exceeding 
six  months. 

§4375.  Sec.  XXI.  If  any  person  ehall  attempt  to  rescue  an- Attempt  to 
other  m  legal  custody  on  criminal  process,  such  person  so  offend- 
ing shall,  on  conviction,  be  punished  in  the  common  jail  of  the 
•county  for  any  time  not  exceeding  six  months,  or  by  confinement 
and  labor  in  the  penitentiary  for  any  time  not  less  than  one  year 
nor  longer  than  two  years,  at  the  discretion  of  the  court. 

§  4376.  Sec.  XXII.  If  any  person  shall  aid  or  assist  a  prisoner  .is.i^tfnf  u 
lawfully  committed  or  detained  in  any  jail,  for  any  ofience  against  jIi'il'"'  ^^^ 
'this  State,  or  under  any  civil  process,  to  make  his  or  her  escape 
from  jail,  whether  such  escape  be  actually  eftected  or  not ;  or  if 
■«my  person  shall  convey,  or  cause  to  be  delivered  to  such  prison- 
er, any  disguise,  instrument,  or  arms,  proper  to  facilitate  the  es- 
cape of  sucli  prisoner,  such  persou  so  offending  ehall,  on  convic- 
tion, be  punished  by  confinement  and  labor  in  the  penitentiary 
for  any  time  not  less  than  one  year,  nor  longer  than  four  years. 

§4377.  Sec.  XXIII.  If  any  person  shall  aid  or  assist  any  pris- a^,,,,,,;,  to 
•oner  to  escape,  or  attempt  to  escape  from  the  custody  of  any  eu^toL'""^ 
'Sheriff,  Coroner,  Constable,  officer,  or  other  person,  who  shall 
have  the  lawful  charge  of  such  prisoner,  such  person  so  ofiend- 
ing,  shall,  on  conviction,  be  punished  by  confinement  and  labor 
in  the  penitentiary  for  any  time  not  less  than  one  year,  nor  longer 
than  five  years. 

§4378.  Sec.  XXIV.  If  any  person  confined  in  the  penitentiary  Es.ip^fr.m 
ehall  escape  therefrom,  and  be  thereafter  retaken,  such  person*'*'"'*'""' 
fihall  be  indicted  for  an  escape,  and  on  conviction  shall  be  pun- 


852 


PT.  4.— TIT.  1.— Penal  Code. 


Division  8. — Crimea  and  Offences  against  the  Public  Justice. 


ToJuntnry 


R.•rll^llt/  t.l 


€ 


ished  by  imprisonment  and  labor  in  the  penitentiary  for  the  term 
Aiding        of  four  years ;  and  any  person  who  sliall  aid  or  assist  a  prisoner 
tvifia.       confined  in  the  penitentiary  to  escape,  or  in  an  attempt  to  escape 
threfrom,  tjhall,  on  conviction,  receive  the  like  puniehment. 

§4370.  Sec.  XXV.  If  any  Sheriff,  Coroner,  Constable,  keeper 
of  a  jail,  keeper,  ofiicer,  or  other  person  employed  in  the  peniten- 
tiary, having  any  offender,  fjjnilty,  or  accused  of,  or  confined  for 
any  crime  in  his  custodN,  t^hidl  V(.»]untaril3'  ])crmit  or  suffer  such 
offender  to  CBcape  jtnd  yo  at  large,  lm-ty  such  Sheriff^  Coroner, 
keeper  of  a  jail,  keei)oi,  c>iHcer,  or  other  person  employed  in  the 
penitentiary,  Consthble,  or  other  officer  or  person  so  offending, 
shall,  on  convi(;tion,  be  })unishe<i  by  confinement  and  labor  in 
the  penitentiary  for  any  time  not  less  thnn  two  years,  nor  longer 
than  seven  years,  and  ejiall  nioieovo',  il"  a  ]-)ublic  officer,  be  dis- 
missed from  ofiice. 

§4380.  Si;o.  XW'I.  If  any  Sherifi'.  Coroner,  Constable,  kei-per 
of  a  jail,  or  other  otHcer,  whose  duty  it  is  to  receive  persons 
charged  with,  or  j^uilty  of  an  indictable  ollence,  shall  refiise  to 
receive  and  take  charge  of  such  jtei-son  or  ])ersons,  every  such 
Sheriff',  Coroner,  Constable,  keeper  of  a  jail,  or  other  officer  bo 
oft'ending,  shall,  on  conviction,  be  ]>unished  by  confinement  and 
labor  ill  the  penitentiary,  for  any  time  not  le.s3  than  two  years, 
nor  longer  than  seven  years  ;  and  such  officer  shall  moreover  be 
dismissed  from  office. 
B<f«Mnif  §4381.  Siic;.  XXVII.  If  the  keci)er  of  a  [X  iiiteiitiary,  or  other 

irtibomn*.  "  officer  or  ]ierson  em]>loyed  there,  wiiose  duty  it  is  to  receive  con- 
victs, fchall  fail  or  refuse  to  do  so,  such  kee]>er,  olfioer,  or  other 
person  so  offending,  shall,  on  c-onvirtioii,  be  punished  by  confine- 
ment and  labor  in  the  jjenitcntiary  fi»r  any  time  not  exceeding 
ten  years,  and  shall,  moreover,  be  dismissed  from  office. 
f  |4382.  Sec.  XXVIII.  If  any  ])erson  shall  buy  or  receive  any 
Btoiei.good^g.Qods,  chattels,  money,  or  other  effects,  that  shall  have  been 
stolen  or  feloniously  taken  from  another,  knowing  the  same  to 
be  stolen  or  feloniously  taken,  such  person  shall  be  taken  and 
deemed  to  be  an  access(»ry  after  the  fact,  and  shall  receive  and 
suffer  the  same  ])unishment  as  would  be  inflicted  on  the  ])erson 
/convicted  of  having  stolen,  or  feloniously  taken  the  said  goods, 
chattels,  money  or  effects  so  bought  tn-  received. 
If  principal " — ^4383.  Sec.  XXIX.  If  the  principil  rliief  or  thieves  cannot 
be  taken,  so  as  to  be  prosecuted  ami  «-..iivi(ted,  it  shall  be  lawful 
to  prosecute  any  person  buving  or  icieiv  ing  any  goods,  chattels. 


cannot  b 
Uk<i 


PT.  4.— TIT.  1.— Penal  Code.  853 

Division  8. — Crimw?  and  OfFenoea  apainst  the  Public  Jns»tiee. 

money,  or  effects,  stolen  or  felonionf^lj  taken  by  ftucli  principal 
thief  or  tliieves,  knowing  the  eame  to  be  stolen  or  feloniously 
taken,  as  for  a  misdemeanor,  and,  on  eonvietion,  niich  person 
shall  be  punished  as  prescribed  in  the  preceding  section;  and 
a  conviction  under  this  section  sliall  l»o  a  bar  to  any  prosecution 
under  the  XXVIII  section. 

§4384.  Sk(?.   XXX.   If  :inv  pereon  s-hall   leccive,   liaibor,  orAcce^sorr 

1  .1  f'  -  ••111111  •         Rficr  th«  fticl 

conceal  any  person  guilty  ol  a  crime  punishable  by  oeatli,  or  im- 
prisonment and  labor  in  the  penitentiary,  knowing  such  person 
to  be  guilty,  sucli  person  so  receiving,  harboring,  or  concealing, 
shall  be  taken  and  deemed  to  be  an  accessory  after  the  tact,  and, 
on  conviction,  shall  be  punished  by  imprisonment  and  labor  in 
the  penitentiary  for  any  time  not  less  than  one  year  nor  longer 
than  three  years. 

§4385.  Se<;.  XXXI.  It' any  person  shall  take  or  icceive  anycomp^nr.-i- 
money,  good.-i,  chattels,  lands,  or  other  reward,  or  [iromise  to  °^*^  '^'**" 
compound.  .>r  shall  for  any  cause,  compound  any  crime  or  offence, 
punishable  with  death  or  imprisonment  and  labor  in  ^he  peni- 
tentiary, such  person  so  offending  shall,  on  conviction,  be  pun- 
ished by  imprisonment  and  labor  in  tlie  penitentiary  for  ;my  time 
not  less  than  one  year  nor  longer  than  five  years. 

§43S(>.  Seo.  XXXII.  If  any  person  informing  or  prosecuting  ^j^^^,_j,^^ 
under  pretence  of  any  penal  law,  shall  compound  wjth  the  of- '°s ?«■"»>"«> 
fender,  or  direct  the  suit  or  information  to  be  discontinued,  unless 
it  be  by  leave  of  the  court  where  the  same  is  pending,  such  per- 
-8on  so  offending  shall,  on  conviction,  pay  a  fine  equnl  to  so  much 
of  the  penalty  as  he  or  she  would  be  entitled  to  if  the  defendant 
or  part}^  prosecuted  had  been  found  guilty  or  convicted. 

§4387.  Sko.  XXXIII.  If  any  two  or  more  persons  sliall  con- consi-irr.cy. 
spire  or  agree,  falsely  and  maliciously,  to  charge  and  indict  any 
innocent  person  of  a  crime,  who  is  accordingly  indicted  and  ac- 
quitted, such  person  so  conspiring,  and  each  aiid  every  one  of 
them,  shall  on  conviction,  be  punished  by  iinpi'isonment  and  la- 
bor in  the  penitentiary  for  any  time  not  less  than  twelve  months 
nor  longer  than  five  years. 

§4388.  Seo.  XXXIV.  Common  barratry  is  the  offence  of  fre- Barratry  de- 
•quently  exciting  and  stirring  suits  and  quarrels   ])etween  indi- 
viduals, either  at  law  or  otherwise. 

§4389.  Seo.  XXXV.  Any  person  who  shall  be  found  and  ad- Punufctnent 
judged  a  common  barrator,  vexing  others  with  unjust  and  vexa- 
tious suits,  shall  on  conviction,  be  punished  by  a  fine  not  exceed- 


854  PT.  4.— TIT.  1.— Penal  Code. 


Division  8. — Crimos  and  Offcncefi  against  the  Public  Justice. 


ing  five  hundred  dollars;  and  if  the  oflfender  belongs  to  the 
profession  of  the  law,  he  shall  akc»  he  disqualified  from  practic- 
ins  for  the  future. 

Emtcneery.  §4390.  Se<\  XXXYl.  Embracery  is  an  attempt,  whether  suc- 
cessful or  not,  to  influence  a  jury  corruptly  to  one  side  by  prom- 
ises, persuasions,  entreaties,  money,  entertainment!?,  and  the  like. 
Every  embracer  who  shall  procure,  or  attempt  to  ])rocure,  a  juror 
to  take  money,  gain  or  pr<Jfit,  or  shall  corruptly  influence,  or  at- 
tempt to  influence,  a  juror  by  persuasiont^,  promises,  entreatiee, 
or  by  any  other  means,  shall,  on  conviction,  be  ])uni6hed  by  im- 
priAonraent  and  labor  in  the  penitentiary  for  any  time  not  less 
than  one  year  nor  longer  than  four  years.  And  the  juror  con- 
victed of  taking  money,  gain  or  ]>roflt,  or  of  being  corru])(ly  in- 
•  flucnced  as  aforesaid,  sliall  be  jiunislied  by  confinement  and  labor 
in  the  penitentiary  for  any  time  not  less  than  two  years  nor 
longer  than  five  years,  and  shall  nioi-covcr  bo  forever  disqualified 
tojic't  as  a  juror. 

Ma} x,rn»atf> I    §4391.     Sec.   XXXVII.  Any  .luhticc  of  the  Pea(MJ,  charged 

ofiheivaM.hvitii  maliuactice  m  oliico  by  using  oppression,  tyranical  partial- 
ity, or  any  other  conduct  unbecoming  his  character  as  an  upright 
Magistrate,  or  who  shall  willfully  and  knowingly  demand  more 
co5t  than  he  is  entitled  to  by  law,  in  the  administration  and  un- 
der color  of  his  office,  may  be  indicted  ;  which  indictment  shall 
epeciall}'  set  forth  the  merits  of  the  (-..mplaint,  and  a  copy  thereof 
be  served  on  the  defendant  l)efore  the  same  is  laid  before  ^e 
grand  jury  :  and  the  prosecutor  and  the  .lustice,  and  their  wit- 
nesses, shall  have  the  right  of  appearing  and  being  heard  before 
the  grand  jury ;  which  indictment,  if  found  true  by  the  grand 
jury,  shall  as  in  other  cases,  be  tried  by  a  ]tetit  jury — and  if  the 
defendant  be  convicted,  he  shall  be  punislied  by  fine  or  impris- 
onment in  the  common  jail  of  the  county,  or  both,  at  thediscre- 
\  tion  of  the  court;  and  shall  moreover  be  removed  from  office,  if 
\  \still  in  olficc. 

TiirMt*Ding  $4302.  Sec.  XXXVIII.  If  any  person  hhall  knowingly  send 
or  deliver  any  letter  or  writiwg,  threatening  to  accuse  another 
person  of  a  crime,  with  intent  to  extort  money,  goods,  chattels, 
or  other  valuable  tiling  ;  or  threatening  to  maim,  wound,  kill  or 
murder  such  ])erson,  or  any  of  his  family,  or  to  burn  or  othcr- 
wiso  destroy  or  injure  his  or  her  house  or  other  property,  real  or 
personal,  though  no  money,  goods,  chattels,  or  other  valuable 
thin^  be  detnanded,  such  person  so  otfendihg  shall,  on  conviction. 


PT.  4.— TIT.  1.— Penal  Code.  «55 


Division  8.— Cnines  and  Offences  against  the  Public  Justice. 


be  punished  by  imprisonment  and  labor  in  the  penitentiary  for 
any  time  not  less  than  two  years  nor  longer  than  live  years. 

§4303.  Sec.  XXXIX.    Extortion  shall  consist  in  any  public  e^^«»i 
ofiBcer's  unlawfully  taking,  by  color  of  his  office,  from  any  person, 
any  money  or  thing  of  value  that  ,is  not  due  to  hia^,  or  more 
than  his  due. 

§4394.  Sec.  XL  Any  public  officer  who  shall,  by  himself,  ^lisFi^eand^ 
deputy,  agent,  or  other  person  em}))oyed  by  him,  be  guilty  of 
extortion  in  demanding  and  receiving  other  and  greater  fees  than 
by  law  are  allowed  him  ;  or  shall,  by  color  of  his  office,  take 
from  an/ person  any  money  or  other  thing  of  value  that  is  not 
due  to  him,  or  more  than  his  due,  such  officer  shall  be  subject 
to  indictment,  and,  on  conviction,  shall  be  punished  by  tine,  at 
the  discretion  of  the  court,  and  shall  moreover  be  dismissed 
from  office. 

S4395.  Sec.  XLI.  Any  other  otience  against  public  iustice,  other af- 

1  .  -.  ,      ,,   1  •    1       1     ,        ^.  •  •  fences  •»«. 

not  herem  provided  for,  shall  be  punished  by  tine  or  imprison- pnbiio  jua 
ment  in  the  common  jail,  or  both  at  the  discretion  of  the  court. 

§4306.  Sec.  XLII.  If  any  prisoner  in  the  penitentiary  shall  M«tmy^» 
assail,  oppose,  or  resist  any  officer  of  the  penitentiary,  or  any  "^y- 
member  of  the  guard,  with  any  weapon  or  implement  calcu- 
lated to  cause  death  or  serious  bodily  injury,  such  prisoner  so 
offending  shall  be  deemed  guilty  of  mutiny,  and,  on  conviction 
thereof,  shall  be  punished  by  an  additional  term  of  imprison- 
ment and  labor  in  the  penitentiary,  not  less  than  two  years  nor 
longer  than  live  years,  at  the  discretion  of  the  court,  to  be  com- 
puted from  the  expiration  of  the  term  of  imprisonment  and  labor 
to  which  such  prisoner  shall  have  been  previously  sentenced. 

84307.  Sec.  XLIII.  If  any  person  shall  persuade,  entice  or  instigatmg 
instigate  any  prisoner  to  mutiny,  such  person  so  oitencling  snail 
be  guilty  of  a  misdeuieanor,  and,  on  conviction,  shall  be  pun- 
ished by  contineinent  iuid  labor  in  th(3  penitentiary  for  any  time 
not  leas  than  two  years  nor  longer  than  live  years,  at  tlie  dis- 
cretion of  the  conri",  to  be  computed,  it  a  prisoner  in  tlie  peni- 
tentiary, from  tlie  expiration  of  the  term  of  iinpri>onmeiit  and 
labor  for  whicli  lie  slvill  have  been  previously  sentenced. 
,    ^4308.  Sec.  XLIV.  If  any  free  white  ])erson  shall  buv  (»r  re- Receiving 

-         ,        ■  1  y>  ,•  '  stolen  goode 

ceive  any  money,  goods,  chattels,  or  other  eltects,  from  any  negro  from  a  negra 
or  free  person  of  color,  that  lias  or  have  been  stolen  or  felonious- 
ly taken,  knowing  the  same  to  have  been  so  stolen  or  feloniously 
taken,  such  p;)rs')ii  so  oifeuding  >^li;vll  be.  deemed  and  taken  to  be 


866  PT.  4.— TIT.  1.— Penal  Code. 


Division  8. — Crimes  and  Oflfences  against  the  Public  Justice. 


an  accessory  after  the  fact,  and  being  convicted  thereof,  shall  be 
punished  by  imprisonment  and  labor  in  the  penitentiary  for  any 
time  not  less  than  one  year  nor  more  than  four  years. 


NINTH  DIVISION. 

OFFENCES  AGAIKST  THE  PUBLIC  PEACE  AND  THANQUILITV. 


Section. 

4399.  Unlawful  a^JMriMHK  ~. 

4400.  Riot. 

4401.  Affray.^. 

4402.  Diiollintr,  c]inll(nj;iii?:- 
440!!.  Seconds. 

4404.  DueUing,  fighting. 
4105.  Officers  no*  preventing. 
440G.  Chnrccmg  the  '•coward." 


Sectiok. 

4407.  Libel. 
1  4408.  Printer,  witness. 

4409.  Truth  proved. 

4410.  Forcible  cntrj. 

4411.  Forcible  detain  T. 

4412.  Punishment 

44  K!.  Carrj'ing  deadly  weapoa.'^. 
441  i.  OtluT  oTencts. 


uniawfoUb-  §4390.  Sec.  I.  Il'  two  or  more  persons  as?ein1)lG  for  tliM  pur- 
]>ose  of  disturbin:!;  tlie  public  peace,  or  committing  any  unlawful 
act,  and  do  not  diverse  upon  being  coinmanded  to  do  so  l)y  a 
Judge,  Justice,  Sheriff,  Constable,  Coroner,  or  other  peace  officer, 
such  persons  so  otfending  shnll  be  guilty  of  a  misdemeanor,  and, 
on  conviction,  shall  be  punished  by  tine  or  imprisonment  in  the 
common  jail,  or  both,  at  the  discretion  of  the  court, 

Kiot  r  §"4400.  Sec.  II.  If  any  two  or  more  persons,  either  with  or 
,  /  without  a  common  cause  of  quarrel,  do  an  unlav.-ful  act  of  vio- 
lence, or  any  other  act  in  a  violent  and  tumultuous  manner,  such 
persons  so  otl'ending  shall  be  guilty  of  a  riot,  and,  on  convif-tion, 
shall  be  ]Dunished  by  tine  or  imprisonn)ent  in  the  common  jai!, 
y^"    /  or  both,  at  the  discretion  of  the  court;  Vtut  if  the  cinMunsrances 

^  X  /  .  attending  the  riot  shall  be  of  an  atrocious  or  aggravali-d  .-jiiture, 

^  I   the  oti'endcrs  may  be  imprisoned  a'  labor  in  tlic  ]>c]iitcntiary  for 

^  I   any  time  not  less  than  one  ye;ir  nor  longer  than  tliiee  year.-. 

Afifrayf,  ""'§4401.  Seo.  III.  Au  affray  is  the  tighting  of  two  or  more 
persons  in  some  public  place,  to  the  terror  of  the  citizen.-;  and  di.5- 
turbance  of  the  public  tranquility.  Persons  so  offending  shall 
be  indicted,  and,  on  conviction,  shall  be  punished  l).y  tine  or  im- 
prisonment in  the  common  jaii,  or  both,  at  the  discretioi  of  the 
court ;  and  it  shall  l)e  considered  a  great  aggravation  of  thia 
offence,  if  any  contempt  or  disobedience  of  the  Magistrate,  or 
other  peace  officer  commanding  the  peace,  shall  be  proved. 

Duains.  §4402.  Sec.  IV.  If  any  person  shall  deliberately  challenge, 

by  word  or  writing,  the  person  of  another,  to  fight  witli  sword, 


PT.  4.— TIT.  1.— Penal  Coue.  8  57 


Dirigion  9  — Offencoa  a^nst  the  Ptiblic  Ppsw  and  TranquaWf. 


pistol,  or  Other  deadly  weapon,  or  if  any  person,  so  challenged, 
shall  accept  the  said  challenge,  in  either  car-e,  ^nch  ]>erjion  so  giv- 
ing, or  Bending,  or  accepting  anys-uch  challenge  shall,  on  convic- 
tion, be  punished  by  a  fine  not  less  than  tivf  Inmdred  dollars, 
and  be  imprisoned  in  the  common  jail  of  the  county  for  anytime 
not  exceeding  six  months.  Or,  if  the  jury  sb.oukl  so  recommend, 
such  person  shall,  in  addition  t»>  the  fine  herein  imposed,  be 
punished  by  imprisonment  and  labor  in  the  penitentiary  for  any 
time  not  less  than  one  year,  nor  longer  than  tvvo  years. 

§  WOa.  Skg.  V.  If  any  pei-son  shall,  knowingly  and  willfnlly,»;;^"J'J«^. 
carry  and  deliver  any  written  or  ])ri}itcd  cliallpnge,  or  verbally '^^'"'<"'^- 
deliver  any  message  or  challenge  ^o  another,  to  tight  with  sword, 
pistol,  or  other  deadly  weapon,  or  shall  consent  to  be  a  second 
in  any  >wh  duel  or  combat,  such  person  so  offending  shall,  on 
conviction,  be  punished  in  Hie  same  manner  us  ;s  ]>rescribed  in 
the  preceding  section. 

^44(M.  Sec.   VI.  If  any  i-erson  shall  be  engaged  m  Hie  act  of  Ac^^fJfJ^^: 
:fighting  a  duel  with  sword,  pistol,  or  other  dt^^idly  weapon,  either'«'^»"<>'"- 
as  principal  or  second,  sueh  person  shall  be  guilty  of  a  high  mis- 
demeanor, and,  on  conviction,  shall   l»e  punished  by  imprison- 
ment and  labor  in  the  penitentiary  for  any  time  not  less  than  four 
years,  2ior  longer  than  eight  years;  I*7'02nded,  v^mrffif'k.Hs,  that  if  death  en- 
if  deatli  .-honld  ensue  from  such  <luel,  then  all  the  parties,  ixith^"'* 
principals  and  seconds,  shall  be  iruilty  of  nnirder,  and  suffer  the 
punishme!)t  of  death. 

§44i>5.  Sec.  Vil.  If  any  Justice,  or  other  public  officer  bound ^IJ,';^;-^^^^^ 
to  preserve  the  pui>lic  peace,  shall  have  knowledge  of  an  inteu-r"^^^]^''*" 
tion  in  any  person  or  p-.^r'^ons  to  tight  with  any  deadly  weapon, 
and  >hali  not  use  ii.n'l  -xfrt  \i\f,  official  authority  to  arreet  the 
parties,  and  prevent  tiic  du^'l.  by  binding  over  the  parties  con- 
cerned to  kee|)  the  peace  towards  each  other,  such  Judge,  Jus- 
tice, or  ;)r^-er  ])eace  oliicer  so  otfending  shall,  on  co7ivicti(Ui,  be 
dismisstnl  from  <iffice. 

§440r>.  Shx;.  VIII.  If  :uiy  pt'rson  or  ])ersons  siiall,  n\  '^"^^y ll^^lf^^j^.* 
newspaper,  or  liandbill,  urirten  or  printed,  publisii  or  proclaim •^••^^.•"P""'- 
any  other  person  or  persons  as  a  coward  or  cowards,  or  use  any 
other  opprobious  and  abusive  language  for  not  accepting  a  chal- 
lenge, or  fighting  a  duel,  such  [>erson  or  persons  so  offending 
shall,  on  conviction,  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars,  and  imprisormient  in  the  common  jail  of  the 
county  not  exceeding  sixty  days,  at  the  discretion  of  the  court. 


858  PT.  4.— TIT.  1.— Penal  Code. 


Division -9. — Offences  againBt  the  Poblic  Peace  and  Tranquility. 


Libeideflned  §4407.  &E0.  IX.  A  libel  is  a  malicioiis  defamation,  expressed 
eitlier  by  printing,  <.r  writing,  or  sif,Mi^,  pictures  or  the  like,  tend- 
ing to  blacken  the  meriK»rv  of  one  who  is  dead,  or  the  honesty, 
virtue,  integrity,  <>r  rei)Htation  of  one  who  is  alive,  and  thereby 
expose  him  or  her  to  public  hatred,  contempt,  or  ridicule.  Every 
person  convicted  of  thi.'<  uffence,  ehall  be  punished  by  a  fine  not 
exceeding  one  thousand  «lollars,  and  by  imprisonment  in  the 
common  jail  of  the  county  for  any  time  not  exceeding  one  year, 
at  the  discretion  of  tlie  <i»urt. 

pjinter,  a        §4408.  Sk(\   X.  Ill  all   pru&ccutluns  uiidcr  tlie  tww  i)recedinff 

witness.  .....  ° 

sections  oi  tins  diviKi(»ii.  the  ])ririter  or  publisher  of  a  newspa- 
per, handbill,  or  other  juiblicatiun  containing  the  oliensive  or 
criminal  nnitter,  shall  Ik-  a  comi)ctcnt  witness;  and  if  such  prin- 
Eefosingto  tcr  or  ])ublisher  shall  refuse  t<.)  testify  in  the  cause,  or  to  s:ive  up 
tile  real  name  v\  the  author  or  person  authorizing  and  causmg 
the  })ublication,  so  that  he  may  be  indicted,  then  such  ])rinter 
or  publisher  shall  be  deemed  and  considered  the  author  himself, 
and  be  indicted  ami   punished  as  such  ;  and  may,  moreover,  be 
punished  lor  a  contempt  of  the  court,  as  any  otlicr  witness  refus- 
ing to  testify. 
Tii*tmthin      §440'.).  Sk(  .   XI.   In  all  cases  of  indictment  for  a  libel,  or  for 
slander,  the  i>erson  prosecuted  shall  be  allowed  to  give  the  truth 
in  evidencte. 
Fonibto.n-      §4410,  b?KC.   XIJ.    Forcible  entry  is  the  violently  taking  poa- 
session  of  lands  and  tenements  with  menH«*es,  force,  and  arms, 
and  without  authority  of  law. 
Forcible  rt«       §4411.  Seo.  XIII.   Forcible  detainer  is  the  violently  keeping 
possession  ot  lands  and  tenements  with  menaces,  lorce,  and  armB, 
and  without  authority  of  law. 
Puniebmput      §4412.  Skc.   XIV.   Any  iktsou  wlio  bhall  be  guilty  of  a  forci- 
(airy  or       blc  ciitrv,  or  H  turciblc  (letaiiicr,  or  bctth.    mav  be  indicted,  ana, 
on  conviction,  tUall  Ite  juinishtvi  by  hue  or  imprisimment  m  the 
common  jail  of  the  c.Miiity.   <'r    both,   at   the  discretion   of  the 
court;  and  the  court    bel'ore  whom  the  conviction  takes   place, 
shall  cause  restitution  of  po^^ession  of  the  premises  to  be  made 
cnuss3      to  the  party  aggrieved;  l^rociduL  alwam^X.\vAt  if  the  party  for- 

Tears  pos-  i.'!r~c^  '  '  n/    ^  i         •/ 

Session.  ^[\j\y  detaining  lands  and  tenements  or  those  under  whom  he 
claims,  &liali  have  been  in  peaceable  ]>ossession  of  tlie  same  for 
the  space  of  three  years  or  more,  immediately  preceding  the 
tiling  of  the  com})laint.  such  person  or  party  shall  not  be  subject 
to  the  penalties  of  this  ^ection.  uor  shall  restitution  of  possession 


PT.  4.— TIT.  1.— Penal  Code. 


859 


DWisKm  9  — OflFcDces  against  the  Public  Peace  and  Tranqoilrty. 

be  made  ;  Artd pnmided^  also^  that  the  only  questions  to  be  Biib- T!ti«  oot «». 
mitted  to  and  determined  by  the  jury  in  trials  for  forcible  entry, 
or  forcible  detainer,  shall  be  the  possession  and  the  force,  witb- 
ant  regard  to  the  merits  of  the  title  on  either  side. 

§4413.  Seo.  XV.  Any  person  having  or  carrying  about  hisj^^^ 
person,  unless  in  an  open  manner  and  fully  exposed  to  view,  any^J;^'^  ^^^ 
jHstol,  (except  horseman's  pistols,)  dirk,  sword  in  a  cane,  spear, 
bowie-knife,  or  any  other  kind  of  knives,  manufactured  and  sold 
for  the  purpose  of  offence  and  defence,  shall  be  guilty  of  a  mis- 
demeanor, and,  on  conviction,  shall  be  punished  by  fine  or  im- 
prisonment, or  both,  at  the  discretion  of  the  court. 

§4414.  Sec.  XVI.  All  other  oifences  against  the  public  peace,  o^"><''"«>ffe'» • 
not  provided  for  in  this  Code,  shall  be  prosecuted  and  indicted  !><=  peace. 
as  heretofore,  and  the  punishment,  in  every  case,  shall  be  by  fine 
or  imprisonment  in  the  common  jail  of  the  county,  or  both,  at 
the  discretion  of  the  court. 


TENTH  DIVISION. 

OFFENCES   AGAINST  THE  PUBLIC  MORALITY,   HEALTH,   POLICE  AND 

DECENCY. 


Sjbotion. 

4415.  Bigamy. 

4416.  Punifelumnt  on  married  pereon. 

4417.  On  unmarried  person. 

4418.  Incest. 

4419.  Adultery. 

4420.  Lewdness. 

4421.  Lewd  housos. 

4422.  Disorderly  houses. 

4423.  Gaming  houst*. 

4424.  Gaming  tables.  "^ 

4425.  Gambling. 

4426.  Gaming  with  iniuon'S. 

f  4427.  Gaming  -with  clerks  and  bnnk  ofir's. 

4428.  Players — wilnt'.'-scs. 

4429.  Judge's  cliarge. 
4430    Suspected  houses. 

4431.  Unwholesome  provisions. 

4432.  Unwholesome  bread,  &c. 

4433.  t^preadiug  small  po.x. 

4434.  Viol.-vting  ([uarantiui^. 


Sectk  .v. 

4435.  Vagrants 

4436.  Common  rogues. 

4437.  Nuisances. 

4438.  Disinterring  bodies. 

4439.  Bastardy. 

4440.  Retailing  without  license. 

4441.  Illegal  marrying. 

4442.  Illegal  voting. 

4443.  Buying  or  seUing  votes. 

4444.  Minor  voting. 

4445.  Adultery  with  negro. 

4446.  Whipping  wife. 

4447.  Interfering  with  religious  worship. 

4448.  Retailing  near  church. 

4449.  Working  slaves  on  Sabbath. 

4450.  Running  freight  trains  on  Sunday. 

4451.  Violating  Sabbath. 

4452.  Fines  from  Sabbath-breakers. 

4453.  Bonds  in  c;i.se  of  vagrancy. 

4454.  Att'y  or  SoFr — duty  in  such  ease. 


§4415.  Sec.   1.   Polygamy,  or  bigamy,  shall  consist  in  know- Polygamy 
ingly  having  a  ]ilurality  of  husbands,  or  wives,  at  the  same  time.  ""''  '''^"^' 


860  PT.  4.— TIT.  1.— Penal  Ck)DE. 


Division  10. — Offences  against  the  Public  Morality,  Health,  Police  and  Decency. 


piinishment  §4416.  Sec.  II.  If  anj  person  or  persons  within  this  State^ 
married.  being  married,  do  or  shall  at  any  time  hereafter  marry  any  per- 
son or  persons,  the  lawful  husband  or  wife  beinjr  alive,  and  know- 
ing that  such  lawful  husband  or  wife  is  living,  such  person  or 
persons  so  offending  shall,  on  conviction,  be  punished  by  con- 
tinement  at  labor  in  the  penitentiary  ft>r  any  time  not  less  than 
two  years  nor  longer  than  four  years,  and  the  second  marriage 
Five  years-  shall  be  void  ;  but  five  years' absence  of  the  husband  or  wife, 

absence.  i  •      •        '       •  «     i 

and  no  information  of  the  tate  of  such  liusbaiid  or  wife,  shall  be 
sufficient  cause  of  acquittal  of  the  ])erson  indicted  :  and  in  every 
case  the  issue  of  such  second  marriage,  born  before  the  com- 
mencement of  any  prosecution  for  polygamy,  or  within  the  ordi- 
nary time  of  gestation  thereafter,  ehall,  notwithstanding  the  in- 
VMlidity  of  such  marringe,  be  considered  as  legitimate. 
Punishment      ?^4417.    Sec.    III.    If  any  man  or  woman,  being  unmarriod, 
^married    ^^^'^^^  kuowinglv   miuTy    the  wife  or  husband  of  another  ].crson, 
such  man  or  woman  shall,  (tn  conviction,  bo  punisho<l  by  im]>ns- 
onment  and  labor  in  the  penitentiary  for  any  time  not  less  than 
one  year  nor  longer  than  three  years. 
Incest.  §4418.    Seo.    IV.    If   any    person    shall  ♦n»iumit    incestuous 

fornication  or  adultery,  or  intermarry  within  the  r^evitical  degrees 

•  )f  consanguinity,  or  affinity,  such  person  so  offending  shall,  on 

•  onvictiou,  be  punished  by  imprisonment  and  lal)or  in  the  peni- 
tentiary for  any  time  not  less  than  one  nor  longer  than  three 
years,  and  such  marriage  shall  be  void. 

Adaitery  ^4419.  Sec.  Y.  Any  man  and  woman  wlio  shall  live  tojjether 

una  fornicj  ■  ,  "^  " 

^^on.  in  a  state  of  adultery  or  fornication,  or  of  adultery  and   fornica- 

tion, or  wlio  shall  otherwise  commit  adultery  or  fornication,  or 
adultery  and  fornication,  shall  be  severally  indicted,  and,  on  con- 
viction, such  offenders  shall  l»e  severally  fined  or  imprisoned  in 
the  common  jail  of  the  county,  or  both,  at  the  discretion  of  the 
court ;  PrQvide<l^  that  the  fine  shall  not  exceed  ♦"he  sum   of  five 
hundred  dollars,  and  the  imprisonment  shall  not  extend  beyond 
the  term  of  sixty  days.     Put  it  shall,  at  any  time,  be  within  the 
power  of  the  parties  to  prevent  or  suspend  the  prosecution  and 
the  pfmishment,  by  marriage,  if  such  marriage  can  be  legally 
solemnized. 
Lewdness        §4420.  Sec.  VI.  Any  pcrson   who   shall    be  guilty    of  oi)en 
t^piinl^"^  lewdness,  or  any  notorious  act  of  public  indecency  tending   to 
debauch  the  morals ;  or  of  keeping  open  tippling  houses  on  the 
Sabbath  day  or  Sabbath  night  shall,  on  conviction,  l»e  fined  or 


FT.  4.— TIT.  1.— Penal  Code.  861 


Division  10. — Offenoea  agaioRt  the  Public  Morality,  Health,  Police  and  Decency. 


imprisoned  in  the  common  jail,  or  both,  at  the  discretion  of  the 
court. 

§4421.  Sec;.  VII.  If  any  person  shall  maintain    and    keep  au,vd 
lewd  house,  or  place  for  the  practice  of  fornication  or  adultery, 
either  by  himself  or  herself  or  others,  he  or  slie  so  offending 
fihall,  on  conviction,   be  ])unished  by  line  or  imprisonment  in 
the  common  jail,  or  both,  at  the  discretion  of  the  court. 

§4422.  Seo.  VIII.  Any  person  who  shall  keep  and  maintain,  Pis^-rdfri-. 
cither  by  himself  or  herself,  or  others,  a  common  ill-governed 
and  disorderly  house,  to  the  encouragement  of  idleness,  gaming, 
drinking,  or  other  misbeliaviom*,  or  to  the  common  disturl)anceof 
the  neighborhood  or  orderly  citizens,  such  person  so  offending 
ehall,  on  conviction,  be  punished  by  fine  or  imprisonment  in  the 
common  jail,  or  both,  at  the  discretion  of  the  court. 

^4423.  Sec.  IX.  If  any  person  shall,  bv  him.^elf,  servant,  or  J^'"'"s  „ 
agent,  keep,  have,  use  or  maintain,  a  i^aminij  hou^e  or  r(»om  ;  or^"'^""f"*' 
ehall,  in  any  house,  place  or  room,  occupied  by  bim,  ])cri7iit  per- 
sons with  his  knowledge  to  come  together  and  l)lay  for  money  or 
any  other  valuable  thing,  at  any  game  of  faro,  loo,  brag,  bluff', 
or  any  other  game  played  with  cards,  or  shall  knowingly  rent  or 
let  any  house  or  room,  with  the  view  or  expectation  of  the  same 
being  used  for  such  purpose,  such  person  so  offending  shall,  on 
conviction,  be  fined  in  a  sum  not  exceeding  five  hundred  dollars, 
and  imprisoned  in  the  common  jail  of  the  county  for  any  time 
not  exceed inci:  three  months. 

§4424.  Sec.  X.  If  any  person  shall  by  himself,  or  servant,  or^yn'ns 

y     any  other  agent,  keep  or  employ  any  i'aro  table,  E  O  table,  or  A 

VB  C  or  roulette  table,  or  other  table  of  like  chara^'ter,  and  shall, 

^     either  by  hiniself  or  agent,  preside  or  deal  at  any  iaro  table,  or 

}     use  any  E  O  or  A  B  Cor  roulette  table,  or    other  table  of  like 

character,  for  the  ])urpose  of  playing  and   betting  at  the  same, 

6uch  person  so  oflending  shall,  on  conviction,  be  punished  by 

, imprisonment  in  the  penitentiary  not  less  than  one  or  longer 

/than  three  years. 

§4425.  Sec.  XI.  If  any  person  shall  play  and  bet  for  money, oamWing. 
or  other  thing  of  value,  at  any  game  of  faro,  loo,  })rag,  bluff, 
three-np,  seven-up,  poker,  vingtun,  euchre,  or  any  other  game  or 
games  played  with  cards,  or  shall  play  and  bet  for  money  or  other 
thing  of  value,  at  any  E  O  or  A  B  C  table,  or  other  table  of 
like  character,  or  at  roulette  or  rmige  et  noir,  or  chuckluck,  or 
any  similar  game  of  chance  played  with  dice,  or  cards  or  balls, 


^^2  PT.  4.— TIT.  1.— rENAi,  Code. 


Division  10.— OfiFences  against  the  Public  Morality,  Health,  Police  and  B^^^cy- 


or  shall  bet  at  any  game  of  nine  pins  or  ten  pins,  or  at  any  other 
number  of  pins,  or  at  any  billiard  or  pool  table,  such  person  so 
offending;  on  conviction,  shall  be  timed  in  a  sum  not  less  than 
twenty  dollars  nor  more  than  five  hundred  dollars. 
withmtDors     §44-26.  Sec.  XII.  Any  pei^on   keepincr  any  table,  or  dealing 
at  any  game,  as  al>ove  specitied,  wlio  shall  permit  any  minor  to 
plav  and  bet  thereat,  or  any  person  of  full  age  who  shall  gamble 
with  a  minor  at  any  of  the  games  above  specified  shall,  on  con- 
viction, in  addition  to  tlic  penalty  jircscribcd  above,,  be  impris- 
oned at  the  disereticni  of  the  conrL 
With  clerks      ^4427.  Sec.  XIII.  The  provisions  of  the  above  section  shall 
ofHoc^r''      extend  to  all  persons   gaming  witli  tlic  officer  or  agent  of  any 
bank  entrusted  with  any  uf  its  funds,  or  any  clerk  in  any  post 
office  in  this  State, 
riaj-er*  §4428.  Sko.   XIV.  On  the  trial   <if  any  person   for  offending 

^tliM^"^  against  the  five  i)receding  sections  uf  this  division,  any  other  per- 
8on  who  may  liave  played  and  betted  at  the  same  time  or  table, 
shall  be  a  competent  witness,  and  be  compelled  to  give  evidence, 
and  n'Jthing  tlien  said  by  suo-^a  witness  shall  at  any  tima  be  receiv- 
ed or  given  in  evidence  against  him  in  any  prosecution  against 
the  said  witness,  except  on  an  indictment  for  perjury,  in  any  mat- 
ter to  which  he  may  have  testified. 
jn.i?«>to  §  442i>.  Sec.   XV.  It  shall  be  the  duty  of  the  Judges  of  the 

JinRiri  Suixjrior  Courts  of  this  State,  at  the  opening  or  ooramencement 
of  every  court,  to  give  in  cliarge  to  the  grand  juries,  respectively, 
the  substance  of  the  sections  contained  in  this  Code  relative  to 
gambling.  • 

aaspwjiod        §4430.  S?X3.  XVI.  It  shall   be  lawful  for  any  lawful  officer, 
h.m""'mr»y  with  Icgal  autliority,  to  break  open  suspected  rooms  or  house?, 
opolL"  '"     where  it  is  commonly  known  that  gaming  is  carried  on,  and  to 
take  any  persons  found  gaming,  and  bind  or  cause  them  to  be 
bound  over  to  the  next  Superior  Court  to  be  held  in  and  for  the 
count}'  where  such  offences  may  be  committed  ;  and  if  such  per- 
sons so  found  gaming  shall  fail  or  refuse  to  give  security  for  his 
or  their  appearance  at  court,  to  answer  for  such  offences,  then  it 
shaU  be  lawful  to  commit  such  person  or  persons  to  jail. 
seWngnn-       §4t3I.  ShX).  XVII.  Auy  butchcr,  or  other  person   selling  the 
pi^'vuTJ'"/  flesh  of  a  diseased  animal,  or  other  unwholesome  provisions,  shall 
be  indicted,  and  on  conviction,  shall  be  punished  by  fine  or  iiu- 
prisoument  iu  the  common  jail,  or  both,  at  the  discretion  of  the 
court. 


I*T.  -J.— TIT.  1.— Pkxai.  Code.  863 


Pivisinn  10. — Oenoeji  a^inst  the  Public  Morality,  Healtb,  Pdice  and  Dpcepcv. 


§4432.  Sec.  XVIII.  Anv  baker,  brewer,  distiller    merchant  C"'^»'oi<" 
grocer,  or  other  person,  t-elhngunwholer^ome  bread,  drink,  or  per-""^*^''"'^ 
nicious  and  adulterated  liquor,  knowing  thetri  to  be  so,  fhall  be 
indicted,  and  on  conviction,  shall  l>e  fined  or  imprisoned  in  the 
common  jail,  or  both,  at  the  dipcretion  ot  the  court. 

§4483.  Sec.  XIX.  Any  physician,  Hirgeon,  or  other  person,  spro^dine 
willfully  endeavoring  to  spread  tlie  Fmall  pox,  without  iftoculaton  *""^"  *"'^' 
or  by  inoculation  with  matter  of  the  small   pox,  or  u?ino-  any 
other  inoculation  than   that  called  vaccination,  unless  bv  special 
commission  or  authority  from  the  Inferior  Court  of  the  county 
where  the  small  pox  shall  make  its  appearance,  shall  be  indicted 
and  on  conviction,  lined  in  a  sum   not  exceeding  one  thousand 
dollars,  and  be  imprisoned  in  tlie  common  jail  at  the  discretion 
of  the  court. 

§4434.  Sec.  XX.  Any  person  who  shall  come  mto  this  State 

111  /»  "^I'^i.,  ViolaUfin  ot 

by  land  or  watt^r  irom  any  place  infected  with  a  contac/ious  die- ''''•*'*"*'''* 
case,  and  in  violation  of  quarratine  regulations,  shall  beindieted 
in  any  county  in  this  State  in  which  he  may  Ih)  foun<l,  and  on 
•conviction,  sentcTu^ed  to  pay  h  tine  not  exceeding  five  hundred 
dollars,  and  also  be  imprisoned  in  the  common  jail  at  the  discre- 
tion of  the  court. 

§4435.  Sf^.  XXI.  Any  person  wandering  or  strolling  alx>ut  v««rant9- 
or  leading  an  idle,  immoral,  profligate  course   of  life,    wlx)  haeri'Mrl^'" 
no  property  to  support  him,  and  who  is  able  to  work,  or  other- 
wise to  support  hitn?elf  in  a  respectable  way,  or  who  is  a  profes- 
sional gambler,  shall  be  deemed  and  considered  a  vaorant    and 
shall  be  indicted  as  such,  as  in  other  cases,  and  on  conviction 
shall  be  punished  by  confinement  and  hard  labor  in  the  peniten- 
tiary for  any  time  not  less  than  two  nor  longer  than  four  yeai-s  • 
Provided  vevettheless,  that  at  any  time  before  conviction    eaid 
indictment  shall  be  quashed  upon  the  defendant's  payino-  costs 
and  giving  bond  and  good  security  in  open  court  i'w  hh  good 
behavior  and  future  industry  for  one  year.     The  amount  of  euch 
bond  shall  not  exceed  four  hundred  dollars. 

^4436.  Sec.  XXII.  If  any  person  shall  be  apprehended,  hav-H.,-inspns. 
ing  upon  him  or  her,  any  picklock,  key,  crow,   bit,  or  other  in-'TJl'L':.;! 
strument,  with  intent  to  bi-eak  and  enterinto  any  dwel lino-  house  ''''-■''^'**»^ 
warehouse,  store,  shop,  coach-house,  stable  or  out-house,  ^n  order 
to  steal  or  commit  any  other  crime,  or  shall  have  upon  him  any 
pistol,  hanger,  cutlass,  bludgeon,  or  other  offensive  weapon,  with 
intent  to  commit  crime  on  any  person,   which,  if  comm'ittod. 


864  PT.  4.— TIT.  1.— Penaj.  Code. 

Division  10.— Ofl'ences  againet  the  Public  Morality,  Health,  Police  and  Decency 


would  be  punishable  by  death  cr  (confinement  in  the  penitentiary, 
or  shall  be  found  in  or  upon  any  dwelling-house,  warehouse, 
store,  shop,  coach-house,  stable,  or  out^liouse,  with  intent  to  steal 
any  goods  or  chattels,  every  such  jiersou  shall  be  deemed  a  rogue 
and  a  vagabond,  and  on  conviction,  shall  be  punished  by  con- 
finement and  laV>or  in  the  penitentiary  tor  anytime  not  less^  than 
one  year  nor  longer  than  five  years,  ur  by  imprisonment  in  the 
common  jail  of  the  county  at  the  discretion  of  the  court. 
_  S  4437.  Skcj.  XXIII.  Any  person  who  sliall  erect  or  continue, 

Whatnni-  •-  .  .  .    ,  ' 

saucesare    j^ftcr  n<jtic'.!  to  abate  any  nuisance  which  tends  to  annoy  the  com- 

indictaalt.  _  ''  .... 

mutiify,  or  injure  the  health  of  ihe  citizens  in  general,  or  to  cor- 
rupt tiic  jiublic  morals,  shall  be  indictable,  and  punishable  by 
tine  or  imprisonment  in  the  common  jail  of  the  county,  or  both, 
at  the  discretion  of  the  court. 
Di.sint.Mvi.g  §4438.  Seo.  XXIV.  If  any  person  or  persona  shall  remove  the 
lu/S"*'  dead  l.iody  of  a  human  being  from  the  grave  or  other  place  of  in- 
buoies.  terment,  or  from  any  vault,  tomb,  or  sepulchre,  or  from  any  other 
place,  without  the  consent  of  the  friendu  of  said  deceased,  except 
malefactors  executed  under  8enten(;e  of  the  law,  for  the  purpose 
of  selling  or  dissecting  the  same,  or  from  mere  wantoness,  such 
person  or  persons  so  effending  shall  be  punished  by  fine  or  im- 
prisonment in  tliG  common  jail  of  the  county,  or  l>oth,  at  the  dis- 
cretion of  the  court;  and  any  person  who  shall  receive  or  pur- 
chase such  dead  body,  knowing  it  to  have  been  disinterred  or  re- 
moved from  any  tomb,  vault  or  sepulchre,  or  such  other  place, 
fur  the  purpose  a,foresaid,  shall,  on  conviction,  receive  the  same 
punishment. 
Putativ.- fti-  ^4430.  Sec.  XXV.  If  any  putative  father  of  a  bastard  child 
ther refusing ^^,  children,  shall  refuse  or  fail  to  give  security  for  the  mainten- 
ance and  education  of  such  child  or  children,  when  required 
to  do  so  in  terms  of  the  law,  such  putative  father  shall  be  in- 
dicted for  a  misdemeanor,  and,  on  conviction  of  the  fact  of  being 
the  father  of  such  bastard  child  or  children,  and  of  his  refusal  or 
failure  to  give  sncli  security,  he  shall  be  punished  by  a  fine  of 
seven  hundred  dollars  for  each  child ;  which  said  fine  shall  be 
paid  over  to  the  Inferior  Court  of  the  county,  to  be  by  them  im- 
proved and  applied  from  time  to  time,  as  occasion  may  require, 
"for  tlie  maintenance  and  education  of  such  child  or  children  ; 
and  if  the  offender  is  unable  to  pay  oaid  fine  or  fines,  he  shall  be 
punished  by  imprisonmeiit  iii  the  common  jail  for  the  space  of 
three  months. 


PT.  4.— TIT.  1.— Penal  Code.  865 


Division  10. — Oflences  against  the  Public  Morality,  Health,  Police  and  Decency. 

§44-i0.  XXVI.  If  any  person  shall  keep  a  tippling  shop,  orEetaiUng 
sell  by  the  quart  without  the  license,  and  taking  the  oath  pre- out  ucense. 
scribed  in  this  Code,  or  sell  by  retail  in  quantities  less  than  one 
quart  any  wine,  brandy,  rum,  gin,  whisky,  or  other  spirituous 
liquors,  or  any  mixture  of  such  liquors,  in  any  house,  booth, 
arbor,  stall,  or  other  place  whatever,  without  license  from  the 
Inferior  Court  of  the  county,  or  witliout  license  from  the  corpo- 
rate authorities  of  any  town  or  city,  where,  by  law,  authority  to- 
grant  licenses  is  vested  in  the  corporate  authorities  of  such  towns- 
or  cities,  such  person  so  offending  shall  be  guilty  of  a  misde- 
meanor, and,  on  conviction,  shall  be  fined  in  the  sum  of  fifty  dol- 
lars ;  and  on  failure  to  pay  such  fine,  shall  be  imprisoned  in  the 
common  jail  for  the  space  of  thirty  days ;  Provided^  no  person 
shall  be  liable  to  indictment  in  the  Superior  Courts  of  this  State 
for  a  violation  of  this  section  when  said  person  has  been  already 
tried  by  the  corporate  authorities  tor  the  same  offence. 

§4441,  Sec.  XXVII.  If  any  minister  of  the  gospel.  Judge,  MarmnR  «- 
Justice  of  the  Inferior  Court  or  Justice  of  the  Peace,  shall  join  wfthout**u- 
together  in  matrimony  any  man  and  woman,  without  a  license*^"**' 
or  publication  of  banns,  as  provided  by  law  ;  or  where  either  of 
the  parties  within  his  own  knowledge  shall  be  an  idiot  or  luna- 
tic, or  subject  to  any  other  disability,  under  this  Code,  which 
would  render  such  contract  or  marriage  improper  and  illegal, 
such  minister.  Judge,  Justice  of  the  Inferior  Court  or  Justice  of 
the  Peace,  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction, 
shall  be  fined  in  a  sum  of  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars,  which  said  fine,  when  collected, 
shall  be  paid  over  to  the  Justices  of  the  Inferior  Court  of  the 
county  where  the  offence  was  committed,  for  the  use  of  the  common 
school  fund  of  said  county. 

§  4442.  Sec.  XXVIII.  If  any  person  shall  hereafter  vote  more  voting  more 
than  once  at  any  election  which  may  be  held  in  any  county  of ""°  °"*^ 
this  State,  or  vote  out  of  the  county  in  which  he  may  usually 
reside,  for  members  of  the  Legislature,  or  for  county  officers, 
unless  authorized  by  law,  such  person  shall  be  indicted  for  a  mis- 
demeanor, and,  on  conviction,  shall  be  punished  by  imprisonment 
and  labor  in  the  penitentiary  for  any  time  not  less  than  one  year 
nor  more  than  two  years. 

§4443.  Sec.  XXIX.  If  any  person  shall  hereafter  buy  or  sell.  Buying  or 
or  offer  to  buy  or  sell  a  vote,  or  be  concerned  in  buying  or  sell-**'*^  ^*'*' 
ing  a  vote,  or  shall  unlawfully  vote  at  anv  election  which  may 
55 


866 


PT.  4.— TIT.  1.— Penal  Code. 


Illegal  vo- 
ting hy  a 
minor. 


Adultciy 
■with  negro. 


Wbipliini; 
wife. 


Division  10.— Oflences  against  the  Public  Morality,  Health,  Police  and  Decency. 

be  held  in  any  county  in  this  State,  such  persons  shall  be  indicted 
for  a  niisdeuicanor,  and,  on  conviction,  shall  be  punished  by  im- 
prisonment and  labor  in  the  penitentiary  for  a  term  not  less  than 
one  year  nor  more  than  four  years. 

§  4444.  Sec.  XXX.  If  any  person,  under  the  age  of  twenty- 
one  years  and  above  the  age  of  fourteen,  shall  vote  illegally  at 
anv  election,  he  shall  be  fined  in  a  sum  not  exceeding  one  hun- 
dred  dollars  or  imprisoned  in  the  common  jail  of  the  county,  at 
the  discretion  of  the  court. 

§4445.  Sec  XXXI.  Any  white  man  and  woman  of  color,  free 
or  blave,  who  shall  live  together  in  a  state  of  adultery  or  fornica- 
tion, or  adultery  and  iurnication,  such  white  man  shall  be  guilty 
of  the  crime  of  living  in  such  state,  and,  on  conviction,  shall  be 
punished  by  line  or  imprisonment,  or  both,  at  the  discretion  of 
the  court. 

§  4446.  Sec.  XXXII.  If  any  man  shall  whip,  beat,  or  otherwise 
cruelly  maltreat  his  wife,  he  shall  \)C  deemed  guilty  of  a  misde- 
meanor, and.  upon  conviction,  shall  be  imprisoned  in  the  common 
jail  not  exceeding  six  montlis,  at  the  discretion  of  the  court.  On 
such  trials  the  wife  shall  be  a  competent  witness. 

§  4447.  Sec.  XXXIII.  Any  person  who  shall,  by  cursing  or 
using  profane  or  obscene  language,  or  by  l)eing  intoxicated  or 
otherwise  indecently  acting,  interrupt  or  in  any  n)anner  disturb 
any  congregation  of  persons  lawfully  assembled  for  divine  ser- 
vice, shall  be  guilty  of  a  misdemeanor,  and,  on  conviction,  shall 
be  lined  or  imprisoned,  at  the  discretion  of  the  court. 
saiing  si.ir-     §  4448.  Sec.  XXXIV.  Any  person  who  shall  sell,  or  cause  to 

its  'Within  a    ,  i  i    /•       i  •  •    •  •  •         •         i  •  •   i   • 

iniieofa  bc  sold  tor  iiim,  any  spirituous  or  intoxicating  liquors,  within  one 
mile  of  any  church  or  meeting-house,  or  other  place  set  apart  or 
being  used  for  divine  worship,  during  the  time  appropriated  to 
such  worship,  (unless  the  same  be  within  an  incorporated  city  or 
town,)  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction,  shall 
be  lined  or  imprisoned,  or  both,  at  the  discretion  of  the  court. 
Working  §444'J.  Sec.  XXXV.  Any  person  who  shall,  on  the  Lord's  day, 
sabbath"day.  commoiily  called  Sunday,  employ,  or  cause  to  be  employed,  any 
slave  in  any  work  or  labor,  (works  of  absolute  necessity  and  the 
necessary  occasions  of  the  family  only,  excepted,)  shall  be  guilty 
uf  a  misdemeanor  for  each  slave  so  employed,  and,  on  conviction, 
shall  be  lined  or  imprisoned,  at  the  discretion  of  the  court. 


Ititerfcrins 
with  relig- 
ious WOI'- 
ship. 


FT.  4.— TIT.  1.— Pen.vi.  Code.  867 

Division  10. — Offences  against  the  Public  Mnralitv.  Health,  Police  and  Decency. 

§  445©.  Sec.  XXXYII.  If  any  freight  train  shall  be  run  on  Running 
any  railroad  in  tliis  State  on  the'Sabbath  day  (known  as  SundayV'"'''"**"* 

,  .  ,  .  P  i"         -1  "^  ^  Sabbath  day. 

the  sui)erintendent  ot  transportation  oi  sncli  railroad  company, 
or  the  officer  having  charge  of  that  department  of  the  business 
■of  the  railroad,  sliall  be  liable  to  indictment  for  a  misdemeanor  in 
each  county  througli  which  sucli  train  shall  pass,  and,  on  convic- 
tion, shall  be  fined  for  each  offence  the  sura  of  live  hundred  dol- 
lars. On  such  trial  it  shall  not  be  necessary  to  allege  or  prove 
the  names  of  any  of  the  employees  engaged  on  such  train,  but 
the  simple  fact  of  the  train  being  run.  The  defendant  may  jus- 
tify himself  by  proof  that  such  employees  acted  in  direct  viola- 
tion of  the  orders  and  rules  of  the  defendant. 

§4451.  Sec,  XXXYI.  Any  tradesman,  artificer,  workman  or  violating 
laborer,  or  other  person  whatever,  who  shall  pursue  their  busi- ^*^^*'^" 
ness  or  work  of  their  ordinary  callings  npon  the  Lord's  day, 
(works  of  necessity  or  charity  only  excepted,)  shall  be  guilty  of 
a  misdemeanor,  and,  on  conviction,  shall  be  punished  by  a  fine 
not  exceeding  fifty  dollars. 

§  4452.  Sec.  XXXYIII.  All  monies  arising  from  fines  imposed  Fines  for 
for  oft'ences,  the  gist  of  which  consists  in  their  being  committed  the'sabbatL 
on  the  Sabbath  day,  shall  be  paid  to  the  Ordinary  of  the  county, 
to  be  by  him  distributed  for  the  purpose  of  establishing  and  pro- 
moting Sabbath  schools  in  the  county. 

§4453.  Sec.  XXXIX.  When  any  person  prosecuted  as  a  va- Bond  in 
grant,  shall  give  bonds  and  security  in  terms  of  the  nineteenth  grancy.  ^*' 
section  and  tenth  division  of  the  Penal  Code  of  this  State,  and 
shall  violate  the  conditions  of  said  bonds,  and  that  fact  shall  be 
made  to  appear  to  the  Court  where  said  indictment  was  found, 
by  the  affidavit  or  the  prosecutor,  or  any  other  person,  it  shall  be 
the  dut}^  of  the  court  to  cause  a  soi?-e  facias  to  issue,  calling  up- 
on the  principal  in  said  bond,  and  his  security,  to  show  cause  at 
the  next  term  of  said  court,  why  said  bond  shall  not  be  forfeited, 
which  shall  be  served  as  in  cases  of  bail ;  on  which  an  issue  shall 
be  made  up,  if  desired  by  the  defendant,  and  tried  by  a  jury; 
and  if  it  shall  appear  that  said  defendant  has  violated  the  condi- 
tions in  said  bond,  judgment  shall  be  awarded  on  said  scire  fa- 
cias, against  said  principal  and  his  securities,  for  the  penalty  in 
said  bond,  with  costs  of  suit. 

§4454.  Sec.  XL.  It  shall  be  the  duty  of  the   Attorney  and  soiicitor-3 
Solicitors  General,  to  represent  the  State  in  all  suits  on  bonds  as  fcesf  *° 
aforesaid  ;  and  he  shall  receive  five  dollars  for  prosecuting  the 


868 


PT.  4.— TIT.  1.— Penal  Code. 


Division  10. — Offences  against  the  Public  Morality,  Health,  Police  and  Decency. 


scire  facias^  to  be  taxed  in  the  bill  of  costs,  and  also  five  per 
cent,  of  the  amount  recovered  on  said  bond. 


ELEVENTH  DR^ISION. 

OFFENCES  COMMITTED  BY  CHEATS  AND  SWINDLERS,  AND  OFFENCES 
AGAINST  PUBLIC  TRADE. 


Section. 

4455.  Credit  by  fraud. 

4456.  Chciiling  at  play. 

4457.  Baker's  cheating. 

4458.  P'alse  weights. 

4459.  Ofienoes  abolished. 

44 GO.  Coiuiterfeiting  brands. 
44G1.  Dirt  in  Cotton,  &c. 


Section. 
4462.  Personating  another. 
44G.3.  Similar  oflence.s. 
4-161.   Personating  witness. 

4465.  Lying  to  obtain  security. 

4466.  Peddlers  without  license. 

4467.  Deceiving  as  to  lien. 

4468.  Illegally  measuring  lumber. 


Persons 


credit 


§  4455.  Sec.  I.  If  any  person,  bj  false  representation  of  his 
obto^ning"^  own  respectability,  wealth,  or  mercantile  correspondence  and 
connections,  shall  obtain  a  credit,  and  thereby  defraud  any  per- 
son or  persons  of  any  money,  goods,  chattels,  or  any  other  valu- 
able thins^,  or  if  any  person  shall  cause  or  procure  others  to  re- 
port falsely  of  his  honesty,  respectability,  wealth,  or  mercantile 
character,  and  by  thus  imposing  on  the  credulity  of  any  person 
or  persons,  shall  obtain  a  credit,  and  thereby  fraudulently  get 
into  possession  of  goods,  wares,  or  merchandize,  or  any  other  val- 
uable thing  or  things,  such  person  so  offending,  shall  be  deemed 
a  cheat  and  swindler,  and,  on  conviction,  shall  be  punished  by 
fine,  or  imprisonment  in  the  common  jail  of  the  county,  or  both, 
at  the  discretion  of  the  court ;  and  such  person  shall,  moreover, 
be  compelled,  by  the  order  and  sentence  of  the  court,  to  restore 
to  the  party  injured  the  property  so  fraudulently  obtained,  if  it 
can  be  done. 

§4456.  Sec.  II.  If  any  person  or  persons  shall,  by  any  fraud, 
or  shift,  circumvention,  deceit,  or  unlawful  trick,  or  device,  or  ill- 
practice,  whatever,  in  playing  at  cards,  dice,  or  any  game  or 
games,  or  in  or  by  bearing  a  share  or  part  in  the  stakes,  wagers, 
or  adventures,  or  in  or  by  betting  on  the  sides  or  hands  of  such 
as  do  or  shall  play,  obtain,  or  acquire  to  him  or  themselves,  or  to 
any  other  or  others,  any  money,  or  other  valuable  thing  or  things, 
whatever,  such  person  or  persons  so  offending,  shall  be  indicted, 
and,  on  conviction,  shall  be  deemed  a  cheat,  and  shall  be  sen- 
tenced to  pay  a  fine  of  five  times  the  value  of  the  money,  or 


cheating  at 
pUy. 


PT.  4.— TIT.  1.— Penal  Code.  869 

Division  11. — Offences  committed  by  Cheats  and  Swindlers.  &c. 


•other  things  so  won,  as  aforesaid,  and  shall  also  be  imprisoned  in 
the  common  jail  of  the  county,  at  the  discretion  of  the  court. 

§4457.  Sec.  III.  Any  baker  or  other  person  selling  bread,  un- Bakers  atu 
•der  the  assize  established  by  the  corporation  of  any  city,  town,  ^^^^^  ^^^' 
or  village,  or  the  rules  laid  down  l)y  any  law,  shall  be  deemed  a 
ijheat,  and,  on  conviction,  shall  be  punished  by  fine,  or  imprison- 
ment in  the  common  jail  of  the  county,  or  both,  at  the  discretion 
of  the  court. 

§4458.  Sec.  IV,  If  any  person  shall,  knowingly,  buy  or  sell  sciiing  by 
by  false  weights  or  measures,  he  or  she  shall  be  deemed  a  com-  ^Sm^l^ 
•mon  cheat,  and,  on  conviction,  shall  be  punished  by  fine,  or  im- 
prisonment in  the  common  jail  of  the  county,  or  both,  at  the  dis- 
cretion of  the  court, 

§  4459.  Sec,  V.  The  ofiences  of  forestalling,  regrating  and  en-  oironcos 
grossing,  are  hereby  alwlished.  '  abolished. 

§  4460.  Sec,  YI,  If  any  person  shall,  fraudulently,  counter-  counterfeit- 
feit,  or  be  concerned  in  fraudulently  counterfeiting  any  brand  oro"™k^ic 
mark  directed  by  law,  or  shall,  fraudulently,  cause  or  procure 
the  same  to  be  done,  or  shall  use,  export,  sell,  exchange,  barter, 
or  expose  to  sale,  any  bale,  cask,  Ijarrel,  hogshead,  or  vessel  of 
any  kind,  or  any  other  thing  u])on  which  a  brand  or  mark  is  di- 
rected by  law  to  be  made,  with  such  counterfeit  brand  or  mark, 
knowing  the  same  to  be  false  and  counterfeit,  such  person  so  of- 
fending shall,  on  conviction,  be  deemed  a  cheat,  and  be  punished 
hj  a  fine  not  exceeding  two  hundred  dollars,  and  imprisonment 
in  the  common  jail  of  the  county,  for  any  term  not  exceeding  six 
months, 

§4461,  Sec,  VII,  Any  person  who  shall  put  or  cause  to  be  Putting  dirt 
put  into  any  bale  or  bales  of  cotton,  hogshead  or  hogsheads,  bar- rnt^c^uon, 
rel  or  barrels,  cask  or  casks  of  sugar,  or  rice,  pork,  beef,  or  other  "''^  **" 
provisions,  any  dirt,  rubbish,   or  other  thing,  for  the  purpose  of 
adding  to  and  increasing  the  weight  or  buik  of  said   cotton,  su- 
gar, rice,  beef,  pork,  or  other  provisions  or  things,  shall  be  deem- 
ed a  common  (theat,  and,  on  conviction,  shall  be  punished  by  a 
fine  equal  to  the  value  of  the  thing  thus  fraudulently  packed 
or  put  up,  and  imprisonment  and  labor  in  the  penitentiary  for 
any  time  not  less  than  one  year,  nor  longer  than  five  years.     The 
bare  possession   or  ownership  of  such  commodities,  so  fraudu- 
lently packed  or  put  up,  shall  not,  of  itself,  authorize  a  convic- 
tion, where  suflicient  evidence  of  knowledge  or  privity  on  the 


870  PT.  i.— TIT.  1.— Penal  Code. 


Division  11. — Offences  committed  by  Cheats  and  Swindlers,  &c. 

part  of  the  owner,  or  the  person  in  possession,  may  not  be  pro- 
duced before  the  court  and  jury. 
Obtaining        §4462.  Sec.  VIII.  If  any  person   shall  falsely  personate  an- 
b^^'perstn-    otlicr,  and  thereby  fraudulently  obtain  any  money,  goods,  chat- 
^^^^^'         tels,  or  other  thing  or  things  of  value,  or  with  the  intention  of 
thereby  fraudulently  obtaining  any  money,  goods,  chattels,  or 
other  valuable  thing,  such  person  so  oftending,  shall  be  deemed 
a  cheat  and  swindler,  and,  on  conviction,  shall  be  punished  by 
imprisonment  and  labor  in  the  penitentiary  for  any  time  not  less 
than  one  year,  nor  longer  than  five  years;  or,  in  trivial  cases,  by 
fine  and  imprisonment  in  the  common  jail,  at  the  discretion  of 
the  court, 
other  offen-      §4463.  Sec.  IX.  Auv  pcrsou  usiug  any  deceitful  means  or  art- 

cesoflike      ,.    '^  .  ,      ,  ,  ,  ,  •    i 

kind.  till  practice,  (other  than  those  which  are  mentioned  and  provi- 

ded against  in  this  Code,)  by  which  individuals  or  an  individual, 
or  the  public,  are  or  is  defrauded  and  cheated,  such  person  so  of- 
fending, shall  be  deemed  a  common  cheat  and  swindler,  and,  on 
conviction,  shall  be  punished  by  tine  or  imprisonment  in  the 
common  jail,  or  both,  at  the  discretion  of  the  court. 

Personating      §4464.  Skc.  X.  If  any  person  shall  falsely  represent  or  per- 

another  as  '^  i   .  i  ^  i  r  ^ 

witness  or    sonatc  auotlicr,  and  in  such  assumed  character  answer  as  a  wit- 

otherwise  in  .  ,  ,  .  ,  -. 

court.  ness  to  interrogatories,  or  do  any  other  act  in  the  course  oi  any 

suit,  proceeding,  or  prosecution,  or  in  any  other  way,  matter  or 
thing,  whereby  the  person  so  personated  or  represented,  or  any 
other  person,  might  sutler  damage,  loss  or  injury,  such  person  so 
oii'ending,  shall,  on  conviction,,  be  punished  by  confinement  and 
labor  in  the  penitentiary  for  any  time  not  less  than  one  year,  nor 
more  than  five  years. 
Lying  to  Ob-     §4465.  Sec.  XI.  If  any  person,  by  false  representation  of  his 
sers  or  other  or  licr  solvcucy,  sliall  iuducc  another  to  become  his  or  her  bail, 
Becnn  y.      gj^jQi-gej.^  qj.  security  upon  any  recognizance,  bond,  note,  bill  of 
exchange,  or  other  instrument  for  the  payment  of  money,  or 
performance  of  any  personal  duty,  knowing  at  the  time  that  he 
or  she  is  insolvent,  and  such  bail,  endorser,  or  security  shall  suf- 
fer loss  or  damage,  in  consequence  of  such  undertaking  and  lia- 
bility on  his  part,  such  person  so  oftending,  shall  be  guilty  of  a 
misdemeanor,  and,  on  conviction,  shall  be  punished  by  fine  and 
imprisonment  in  the  common  jail,  at  the  discretion  of  the  court. 
Dealers  §  4466.  Sec.  XII.  If  any  peddler  or  itinerant  trader,  shall  sell 

H^ense.'       or  veud  any  goods,  wares,  or  merchandize,  except  such  as  are  ex- 
cepted by  la\v,  within  this  State,  without  a  license  from  the 


PT.  4.— TIT.  1.— Penal  Code. 


S71 


Division  11. — Offences  committed  by  Cheats  and  Swindlers,  &c. 

proper  authority  for  that  purpose,  such  peddler  or  itinerant  tra- 
der, sliall  he  guilty  of  a  misdemeanor,  and,  on  indictment  and 
conviction  thereof,  shall  he  fined  and  imprisoned,  at  the  discre- 
tion of  the  court. 

/  §4467.  Skc.  XIII.  Any  person  who  shall,  in  the  sale  or  dis-Beceivinsras 
1  posing  of  any  property,  either  real  or  personal,  defraud  another, onfen,^^"*^* 
^  by  falsely  representing  that  such  property  is  not  subject  to  tlie  lien 
-/of  any  mortgage  or  judgment,  or  other  lien  againt  such  person 
or  property,  knowing  the  same  to  be  subject  thereto,  shall  be 
deemed  and  held  a  common  cheat  and  swindler,  and,  on  convic- 
tion, shall  be  punished  by  fine  and  imprisonment,  or  both,  at  the 
discretion  of  the  court. 

■  §4468.  Sec.  XIV.  If  any  measurer  and  inspector  of  timber  megaiiy 
appointed  under  the  laM's  of  this  State,  or  any  person  not  being  ™mber!"^ 
an  official  measurer  and  inspector,  shall  measure  any  timber 
other^vise  than  as  required  by  the  laws  of  this  State,  he  shall  be 
guilty  of  a  misdeanor ;  and,  upon  conviction  thereof,  shall  be 
punished  for  each  offence,  by  a  fine  not  exceeding  the  value  of 
the  timber  measured,  or  by  imprisonment  in  the  common  jail  of 
the  county,  for  a  time  not  exceeding  ninety  days ;  Provided^  that 
this  provision  shall  not  apply  to  any  case  when  the  measurement 
is  not  for  the  purpose  of  being  used  in  the  sale  of ,  the  timber,  or 
to  any  case  where  the  parties  buying  and  selling,  contract  to  have 
the  timber  measured,  other  than  according  to  the  laws  of  this 
State. 


TWELFTH  DIVISIOK 


FRAUDULENT  OR  MALICIOUS  MISCHIEF. 


Section. 
44G9.  Destroying-  books  or  papers. 

4470.  Altering  land  marks. 

4471.  Buoys,  beacons,  <tc. 

4472.  Setting  fire  to  stacks. 

4473.  Setting  fire  to  woods. 

4474.  Setting  fire  to  fences. 

4475.  Breaking  bridges,  dams,  Ac. 

4476.  Killing  or  maimmg  cattle. 

4477.  Turnpikes,  fixtures,  kc. 


Section. 

4478.  Firing  or  sinking  ves.sels. 

4479.  Cutting  down  trees. 

4480.  Mile  or  guide  posts. 

4481.  Obstructing  highway. 

4482.  Destroying  growing  crop. 
448.3.  Fixtures  of  coast  survey. 

4484.  Public  burying  grounds. 

4485.  Injuring  fish  ponds. 

4486.  Other  similar  acts. 


§  4469.  Sec.  I.  If  any  person  shall  fraudulently  or  maliciously  Destroyii 
tear,  burn,  or  in  any  other  way  destroy  any  deed,  lease,  will,  J°,tofTal 
bond,  or  other  writing  sealed,  or  any  bank  bill  or  note,  check. 


872  ?T.  4.— TIT.  1.— Penal  Code. 

Division  1 2. — Fraudulent  or  Malicious  Mischief. 

draft,  or  other  security  for  the  paymeut  of  money,  or  the  delivery 
of  goods,  or  any  certificate,  or  otlier  public  security  of  this  State, 
or  of  the  Confederate  States,  or  any  of  them,  for  the  payment  of 
money,  or  any  receipt,  acquittance,  release,  discharge  of  any  debt, 
suit,  or  other  demand,  or  any  transfer  or  assurance  of  money, 
stock,  goods,  chattels,  or  other  property,  or  any  letter  of  attorney, 
or  other  power,  or  any  day-book,  or  otlier  book  of  accounts,  or 
any  agreement,  or  contract  whatever,  with  intent  to  defraud, 
prejudice,  or  injure  any  person,  or  body  politic  or  corporate,  such 
person  so  otlending  shall,  on  conviction  be  punished  by  imprison- 
ment and  labor  in  the  penitentiary  for  any  time  not  less  than  one 
year  nor  longer  than  four  years,  or,  in  trivial  cases,  by  imprison- 
ment in  the  common  jail,  or  by  tine,  or  both,  at  the  discretion  of 
the  court. 
Altering  <»r  §4470.  Sec.  II.  If  any  pcrsou  sliall  kuowiugly,  maliciouslv,  or 
landmarks,  fraudulently  cut,  fell,  alter  or  remove  any  certain  boundary  tree, 
or  other  allowed  landmark,  to  the  wrong  or  injury  of  his  neigh- 
bor, or  any  other  person,  such  person  so  oflending  shall  on  con- 
viction, be  punished  by  a  tine  not  exceeding  five  hundred  dollars, 
and  imprisonment  in  the  common  jail  of  the  county  for  any  time 
not  exceeding  one  year. 
Bnoy^bea-  §4471.  Sec.  Ill,  If  any  person  or  pcrsous  sliall  maliciously  or 
without  authority,  cut  down,  remove,  or  destroy  any  beacon  or 
beacons,  buoy  or  buoys,  erected  b}'  any  commissioners  of  pilot- 
age, or  other  person  or  persons  duly  authorized  for  that  ])urpose, 
such  person  or  persons  so  oft'ending  shall,  on  conviction,  be  pun- 
ished by  confinement  and  labor  in  the  penitentiary  for  any  time 
not  less  than  two  years  nor  longer  than  five  years. 
Setting  fire  §4472.  Sec.  IV.  Any  pcrsou  or  persons  who  shall  willfully 
****'*^^*'  and  maliciously  set  fire  to,  or  burn  any  stack  or  stacks  of  corn, 
fodder,  grain,  straw,  or  hay,  shall,  on  conviction,  bo  punished  by 
imprisonment  and  labor  in  the  penitentiary  for  any  time  notices 
than  one  year  nor  longer  than  three  years. 
Setting  fire  §  -^^73.  Sec.  V.  If  any  person  shall  willfully  and  maliciously 
to  woods,  gg^  ^j^  ^j.^^  ^^  cause  to  be  set  on  fire,  any  woods,  lands  or  marshes 
within  this  State,  so  as  thereby  to  occasion  loss,  damage  or  injurj^ 
to  any  other  person,  such  person  so  ofiending  shall,  on  con\dctioii, 
be  punished  by  imprisonment  in  the  common  jail  for  any  time 
not  exceeding  six  months,  at  the  discretion  of  the  court. 
Fencee.  §  4474.  Sec.  YI.  If  any  person  shall  willfully  and  maliciously 

set  fire  to  any  fence  or  fences,  or  other  enclosure,  or  cause  or  pro- 


PT.  4.— TIT.  1.— Penal  Code.  873 


Division  12. — Fraudulent  or  Malicious  Mischief. 


cure  the  same  to  be  done,  or  shall  take  from  such  fence  or  enclos- 
ure any  rail  or  rails,  or  other  material  of  which  the  same  is  made 
or  composed,  for  the  purpose  of  using  the  same  as  fuel,  such  per- 
son so  offending  shall,  on  conviction,  1ie  punished  by  fine  and 
imprisonment  in  the  common  jail  of  the  county,  at  the  discretion 
of  Jhe  court. 

§  4475,  Si:c.  YII.  If  any  person  shall  unlawfully,  willfully  and  Breaking 
maliciously  break  down,  cut  open,  through,  injure  or  destroy  any  dams,  banks, 
bridge,  river  or  meadow  bank,  rice-dam  mill-dam,  or  any  other 
•dam  or  bank,  such  person  so  offending  shall,  on  conviction,  be 
punished  by  confinement  and  labor  in  the  penitentiary  not  less 
than  one  year  nor  longer  than  three  years,  or  by  fine  and  impris- 
onment in  the  common  jail,  at  the  discretion  ot  the  court. 
^'§4476.  Sec.  VIII.  If  any  person  shall  maliciously  maim  orKiningor 
kill  any  horse,  mule,  bull,  steer,  ox,  cow,  calf,  heifer,  or  other  "att" of 
animal  falling  under  the  description  hereinbefore  given  of  horses  "^^' 
or  cattle,  or  shall  maliciously  kill  a  hog  or  hogs,  such  person  so 
offending  shall,  on  conviction,  be  punished  by  fine  or  imprison- 
ment in  the  common  jail  at  the  discretion  of  the  court. 

§  4477.  Sec.  IX.  If  any  person  shall  maliciously  injure  or  des-  Tumpiks 

,  .Mi  .  i  J.       '     •!  •!      and  naviga- 

troy  any  turnpike  gate  or  gates,  or  any  post  or  posts,  rail  or  rails,  tionfistures. 
wall  or  walls,  or  any  chain,  bar,  or  other  fence  belonging  to  any 
turnpike  gate,  or  any  house  or  houses  erected,  or  to  be  erected 
for  the  use  of  any  such  turnpike  gate  or  gates,  or  shall  willfull}' 
and  maliciously  injure  or  destroy  any  lock  or  locks,  or  other 
works  erected  to  protect  and  secure  the  navigation  of  any  river  or 
canal  in  this  State,  every  such  person  so  oft'ending  shall,  on  con- 
viction, be  punished  by  imprisonment  and  labor  in  the  penitentiary 
for  any  time  not  less  than  one  year  nor  longer  than  four  years.* 

§  447S.  Sec.  X.  If  any  person  shall  willfully  and  maliciously  Firing  or 
burn,  or  set  fire  to  any  ship,  boat,  or  other  vessel  above  the  value  elfs."'^  ^ 
of  two  hundred  dollars,  along  side  of  any  wharf,  or  at  anchor  in 
any  river,  or  in  any  waters  in  this  State,  or  if  any  person  shall 
willfully  and  maliciously  make,  or  assist  in  making  any  hole  in 
the  botcom,  side,  or  any  part  of  any  ship,  boat,  or  other  vessel, 
above  the  value  aforesaid,  or  do  any  other  act  tending  to  the  loss 
or  destruction  of  such  ship,  boat,  or  other  vessel,  within  the  wa- 
ters of  this  State  as  aforesaid,  such  person  so  offending  shall,  on 
conviction,  be  punished  by  imprisonment  and  labor  in  the  peni- 

*NoTE. — For  similar  provision  as  to  railroads,  see  Sixth  Division,  section  4335. 


S74  PT.  4.— TIT.  1.— Penal  Code. 


Division  12. — Fraudulent  or  Malicious  Mischief. 


tentiary  for  any  time  not  less  than  three  years  nor  longer  than 
seven  years  ;  and  if  the  ship,  boat,  or  other  vessel  thus  injured 
or  destroyed,  as  aforesaid,  be  of  the  value  of  two  hundred  dol- 
lars, or  under  that  value,  then  the  person  convicted  of  injuring 
or  destroying  such  ship,  boat,  or  other  vessel,  as  aforesaid,  shall 
be  punished  by  fine  or  iniprisonincnt  in  the  common  jail  of  the 
county,  or  both,  at  the  discretion  of  the  court. 

Cutting  §  4479.  Sec.  XI.  If  any  person  shall  willfully  and  maliciously 

cut  down,  injure  or  destroy  any  ti-ee  or  trees  planted  or  growing^ 
in  any  town,  village,  or  city,  or  in  any  avenue,  yard,  garden,  or- 
chard or  plantation,  for  ornament,  shelter,  shade,  or  profit,  such 
person  so  offending  shall,  on  conviction,  be  punished  by  fine  or 
imprisonment  in  the  common  jail  of  the  county,  or  both,  at  the 
discretion  of  the  court. 

Mile  or  §44S0.  Se<".  XII.  If  auv  person  shall  willfully  or  maliciously 

gu  epos  j^j.^jr^]^.^  deface,  destroy,  or  remove  any  mile  stone  or  post,  or  any 
guide  board,  erected  upon  any  })ublic  road  or  highway,  or  alter 
any  mark  or  inscription  upon  any  such  mile  stone  or  post,  or 
guide  board,  such  ]>erson  so  offending  shall  be  indicted  for  a  mis- 
demeanor, and.  on  convictitm.  sliall  be  jninished  by  a  fine  not  ex- 
ceeding fifty  dollars,  or  impri^;olllllont  in  the  common  jail  not  ex- 
ceeding thirty  days. 

obstructinir  §4481.  Skc.  Xlll.  Any  person  who  shall  sto[)  u]*  or  (obstruct  a 
public  highway,  with  a  malicious  intent,  or  shall  do  the  same  acts 
without  such  intent,  and  fail  to  remove  the  same  on  notice  from 
the  overseer  or  commissioner  of  the  road,  shall  be  guilty  of  ma- 
licious mischief,  and  on  conviction,  fined  or  imprisoned,  or  both, 
at  the  discretion  of  the  court. 

Severing         §4482.  Skc.  XIY.  If  auv  person  sliall  commit  anv  trespass  by 

produce  •ii'ii  1  !••         1  "         .  .  ,         -t      f"  1 

from  the      wiUtullv  and  malioiouslv  severniir  from  the  land  of  another  any 

realty.  '  ./  p  "^ 

produce  thereof,  such  person  so  offending  shall  be  indicted  for  a 
misdemeanor,  and.  on  conviction,  shall  be  punished  by  a  fine  not 
exceeding  one  hundred  dollars,  or  by  imprisonment  in  the  com- 
mon jail  not  exceeding  thirty  days. 
Injuries  to        §4483.  Sec.  XV.  Any  person  who  shall  willfully  or  wantonly 

coast  survey.     .  .  ,  i      -u- 

fixtures.  injure,  deface,  or  remove  any  signal,  monument,  builaing,  or  any 
other  appendage  thereto,  erected  within  this  State  by  virture  of 
any  act  of  Congress  authorizing  a  coast  survey,  shall  be  guilty 
of  a  misdemeanor,  and,  on  conviction,  shall  be  fined  or  imprison- 
ed, or  both,  at  the  discretion  of  the  court. 


FT.  4.— TIT.  1.— Penal  Code. 


S75 


Division  12. — Fraudulent  or  Malicious  Mischief. 


§4J:84.  Sec.  XVI.  Any  person  who  shalhvillfully  or  wantonly  ininri'?s  to 
injure  or  destroy  any  enclosure  around  or  within  any  public  ^ng-groun.is. 
grave-yard  or  burying-ground,  or  any  monument  or  tombstone, 
or  other  fixture  therein,  shall  be  guilty  of  a  misdemeanor,  and, 
on  conviction,  fined  or  imprisoned,   or  both,   at  the  discretion  of 
the  court. 

§4485.  Sec.  XVII.  Any    person    willfully    and   maliciously  injuring 
breaking  the  dam  or  destroying  the  fish,  or  fishing  therein,  or 
otherwise  injuring  any  artificial  fish-pond,   shall  be  guilty  of  a 
misdemeanor,  and,  on  conviction,  fined  or  imprisoned,  at  the  dis- 
cretion of  the  courtt 

§  4486.  Sec.  XVIII.  All  other  acts  of  willful  and  malicious  mi  otter 

.      ■,  .    f.     .        1       .     .      .  ,  .  ,  ,  ,.  .    acts  ofmali- 

miscniei,  in  the  injuring  or  destroying  any  other  public  or  pri-cii"8  mis- 
vate  property,  not  therein  enumerated,  shall  be  punished  by  fine 
or  imprisonment  in  the  common  jail,  or  both,  at  the  discretion  of 
the  court  before  whom  the  same  shall  be  tried. 


THIRTEENTH  DIVISION. 


OPFENCKS  RELATIVE  TO  SLAVES. 


Section. 

4502.  Presiimptive  evidence. 

,  4503.  Negro  clerk,  partner,  &c. 

4504.  Rescue  of  a  negro. 

4505.  Gaming  with  negroes. 

4506.  Proof  necessary. 

4507.  Contracts  with  mechanics. 

4508.  Master  conceahng  criminal. 

4509.  Detaming  nmaway  slave. 

4510.  Selling  poisonous  drugs  to  slaves. 

4511.  Having  negro  clerks. 

4512.  Furnish'g  person  of  color  with  gun. 
451.3.  Poisonous  drug. 

4514.  Furnishing  person  of  color  with. 

4515.  Punishment. 


Section. 
1487.  Harboring  slaves. 

4488.  Carrying  off  slaves. 

4489.  Beating  or  wounding. 

4490.  Cruel  treatment. 

4491.  Trading  with  slaves. 

4492.  Evidence. 

4493.  Selling  goods  to. 

4494.  Judge's  charge. 

4495.  Giving  tickets.  I 

4496.  Teaching  to  read  and  write. 

4497.  Employing  in  printing.  I 

4498.  Peddlers  trading  with.  j 

4499.  Hiring  without  pass.  | 

4500.  Selling  books,  &c.,  to.  j 

4501.  Trading  with  closed  doors.  I 

§  4487.  Sec.  I.  Any  person  who  shall  conceal,  harbor,  hide  Harboring 
or  employ,  in  their  own  or  in  the  service  of  any  other  person  or ' 
persons,  any  slave,  to  the  injury  of  the  owner  thereof,  shall  be 
guilty  of  a  felony,  and,  on  conviction  thereof,  shall  be  punished 
by  imprisonment  and  labor  in  the  penitentiary  for  a  time  not  ex- 
ceeding three  years  nor  less  than  one  year ;  Provided,  never- 
theless, that  on  the  trial  of  this  offence,  the  person  charged  with 


slavee. 


876  FT.  4.— TIT.  1.— Penal  Code. 

Division  13. — Offences  relative  to  Slaves. 

it  shall  be  acquitted,  if  he  or  she  had  an  apparent  well  founded 
claim  to  the  slave  so  harbored  or  concealed,  and  had  been  peace- 
ably possessed  of  him  twelve  months  next  preceding  the  com- 
mencement of  such  harboring  or  concealing ;  and  on  every  con- 
viction for  concealing  or  harboring  a  slave,  the  owner  of  such 
slave  may  recover  damages  in  a  civil  suit  for  the  loss  of  the  labor 
and  services  of  such  slave,  notwithstanding  such  conviction. 
oarryingoti      S  4488.  Sec.  II,  Any  persou  who  shall  remove  or  carrv,  or 

slaves  or  in-        "  ./      x  j  i 

dacing  them  cause  to  be  removed  or  carried  awav  out  of  this  State,  or  any 

to  run  aw.iy  ■'  '  •' 

county  thereof,  any  slave  being  the  property  of  another  person, 
without  the  consent  of  the  owner  or  other  person  having  author- 
ity to  give  such  consent,  either  with  or  without  any  intention  or 
design  on  the  part  of  the  offender  to  sell  or  otherwise  appropriate 
the  said  slave  to  his  own  use  ;  or  shall,  by  bribery,  promises  of 
freedom,  or  any  other  enticement,  induce  any  slave  in  this  State 
to  leave  the  services  of  his  owner,  or  who  shall  attempt,  by  any 
of  these  means,  to  induce  the  slave  of  another  to  run  away  or 
leave  the  service  of  his  owner,  such  person  so  offending  shall  be 
guilty  of  a  misdemeanor,  and  be  punished  by  imprisonment  in 
tlie  penitentiary  not  less  than  seven  nor  more  than  ten  years. 
nnproTokod  §4489.  Sec. 'Ill,  Any  person,  except  the  owner,  overseer,  or 
wonn(fing    employer  of  a  slave,  who  shall  beat,  whip,  or  wound  such  slave  ; 

the  slaves  of  "  ^  ^       ^^    ^  ,  ^    •  j^  e 

othe*^  &c.  or  any  person  who  shall  beat,  whip,  or  wound  a  tree  person  oi 
color,  without  sufHcient  cause  or  provocation  being  first  given  by 
8uch  slave  or  free  person  of  color,  such  person  so  offending  may 
be  indicted  for  a  misdemeanor,  and,  on  conviction,  shall  be  pun- 
ished by  fine  or  imprisonment  in  the  common  jail  of  the  county, 
or  both,  at  the  discretion  of  the  court ;  and  the  owner  of  such 
slave,  or  guardian  of  such  free  person  of  color,  may,  notwith- 
standing such  conviction,  recover  in  a  civil  suit  damage  for  the 
injury  done  to  such  slave  or  free  person  of  color. 
crnei  treat-  §4490.  Se(\IV.  Auy  owiicr,  overseer,  or  employer  of  a  slave 
riavesby  or  slavcs,  who  sliall  cruelly  treat  such  slave  or  slaves,  by  unne- 
cessary and  excessive  whipping,  beating,  cutting  or  wounding,  or 
])v  cruelly  and  unnecessarily  tearing  or  biting  with  dogs,  by 
withholding  proper  food  and  sustenance,  by  requiring  greater 
labor  from  such  slave  or  slaves  than  he,  she  or  they  are  able  to 
perform,  or  by  not  affording  proper  clothing,  or  cause  or  permit 
the  same  to  be  done  ;  every  such  owner,  overseer,  or  employer, 
shall  be  guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be 
punished  by  fine  or   imprisonment  in  the  common  jail  of  the 


PT.  4.— TIT.  1.— Penal  Code.  8T7 

Division  13. — Offences  relative  to  Slaves. 

county,  or  botli,  at  the  discretion  of  the  court.  On  second  con- 
viction, such  person  shall  be  declared  incapable  of  .holding  slave 
property  in  the  State.     See  section  1859. 

§4491.  Sec.  V.  If  any  person  shall  buy  or  receive  from  any  Pm-chnBing 
slave  any  amount  of  money  exceeding  one  dollar,  or  any  cotton,  without  per- 
tobacco,  wheat,  rye,  oats,  corn,  rice,  or  poultry  of  any  descrip- 
tion whatever,  or  any  other  article,  commodity  or  thing,  (except 
brooms,  baskets,  foot  and  bed  mats,  shuck  collars,  and  such  other 
thing  or  things,  article  or  articles  as  are  usually  manufactured  or 
vended  by  slaves  for  their  own  use  only,)  without  written  per- 
mission from  the  owner,  overseer,  or  employer  of  such  slave,  or 
some  other  person  authorized  to  give  such  permission,  authoriz- 
ing such  slave  to  sell  and  dispose  of  such  money  or  other  article 
or  articles ;  such  person  so  offending  shall  be  guilty  of  a  misde- 
meanor, and,  on  conviction,  be  punished  by  fine  or  imprisonment 
in  the  common  jail  of  the  county,  or  both,  at  the  discretion  of 
the  court.  If  any  owner,  overseer,  employer,  shop  keeper,  store  gpirltf  *"" 
keeper,  or  any  other  person  whatsoever,  shall  sell  to  or  furnish 
any  slave  or  slaves,  or  free  person  of  color  with  spirituous  liquor, 
wines,  cider,  or  any  intoxicating  liquors,  for  his  own  use  or  for 
the  purpose  of  sale,  such  person  so  offending  shall,  upon  convic- 
tion thereof,  pay  a  fine  of  not  less  than  fifty  dollars  nor  more 
than  two  hundred  dollars,  and  be  imprisoned  not  less  than  ten 
nor  more  than  fifty  days  for  the  first  offence,  and  upon  a  second 
conviction  to  be  subject  to  fine  and  imprisonment  in  the  common 
jail  of  the  county,  ^at  the  discretion  of  the  court,  not  to  exceed 
sixty  days'  imprisonment  and  five  hundred  dollars  fine  ;  Provi- 
ded, nothing  herein  contained  shall  prevent  the  owner,  overseer,  P'"oj;^'"»» 

'  »  r  '  '  to  the  owu- 

or  employer  from  furnishing  their  slaves,  or  those  under  their*"- 
care,  with  such  quantity  of  spirits,  &c.,   as  they  may  believe  is 
for  the  benefit  of  such  slave  or  slaves,  but  in  no   case  to  permit 
them  in  any  way  to  furnish  others  therewith. 

§  4492.  Sec.  VI.  If  any  slave  or  slave  shall  be  found  in  any  eiaves 
store  house  or  tippling  shop,  unless  sent  by  his,  her,  or  their  pu°g^h?n^ 
owner,  overseer,  or  employer,  after  the  hour  of  nine  o'clock  at 
night  or  before  day-break  in  the  morning,  or  on  the  Sabbath  day, 
it  shall  be  taken  and  received  as  presumptive  evidence  against  the 
person  or  persons  owning,  or  person  keeping  the  store  or  tippling 
shop,  of  a  violation  of  the  preceding  section  of  this  division, 
which  presumption  may  be  rebutted  by  any  other  circumstance 
in  favor  of  the  accused. 


878  TT.  4.— TIT.  1.— Penal  Code. 


Division  12. — Ofl'ences  relative  to  Slaves. 


Delivering.  §  4493.  Sec.  VII.  If  any  person  shall  sell  or  deliver  to  any 
slaves.  slave  or  slaves  any  goods,  wares  or  merchandize,  or  any  other 
thing  or  things,  unless  it  be  in  exchange  for  some  article  or  ar- 
ticles Avhich  the  owner,  overseer,  or  employer  of  such  slave  or 
slaves  may  have  authorized  such  slave  or  slaves  to  trade  or  deal 
in,  according  to  the  provisions  of  the  fifth  section  of  this 
division,  such  person  so  offending  shall  be  guilty  of  a  misde- 
meanor, and,  on  conviction,  shall  be  punished  by  line  or  impris- 
onment in  the  common  jail  of  the  county,  or  both,  at  the  discre- 
tion of  the  court. 
judgiH  to         §  4494.  Sec.  VIII.  It  shall  be  the  duties  of  the  Judges  of  the 

give  tlu-se        ,,  •         /-I  ,  ,    ,  1  ,       1'  J  1  '         • 

laws  in       bupcnor  CJourts,  at  the  commencement  oi  every  term,  to  give  m 
charge  to  the  grand  jury  the  substance  and  intention  of  the  sec- 
tions of  this  division,  in  regard  to  trading  with  slaves. 
Giving  ti."k-     §4495.  Sec.  IX.    If  any  person  shall  give  a  ticket,  pass  or 
w— fine*  "license  to  any  slave  who  is  the  ])roperty,  or  under  the  care  and 
control  of  another,  without  the  consent  of  the  owner,  or  other 
person  having  the  care  or  control  of  such  slave,  such  person  so 
offending  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction, 
shall  be  lined  in  a  sum  not  exceeding  fifty  dollars. 
Toacbing  §449(5.    Sec.   X.    If  auy  person   shall   teach   any  slave,  ne- 

or  write.  gro,  or  fVec  person  of  color,  to  read  or  write  either  written  or 
printed  characters,  or  shall  procure,  suffer,  or  jiermit  a  slave,  ne- 
gro, or  free  person  of  color,  to  transact  business  for  him  in  wri- 
ting, such  ]ierson  so  offending  shall  be  guilty  of  a  misdemeanor, 
and,  on  cohviction,  shall  l)e  ])unished  by  fine,  or  imprisonment 
in  the  common  jail  of  the  county,  or  both,  at  the  discretion  of 
the  court. 

§4-^97.  Sec.  XL  If  any  i^erson  owning  or  havinij  in  his  pos- 

Ccrtaiii    em-        ^  .  .  •        i  • 

pioyments  in  session,  and  under  his  control,  any  printing  press  or  types  in  this 

printing  of-  •  '         ./    i  o  i  »»  x 

fices  rrohibi- State,  shall  use  or  employ,  or  permit  to  be  used  or  employed, 
any  slave  or  free  person  of  color,  in  the  setting  up  of  types,  or 
other  labor  about  the  office  requiring  in  said  slave,  or  free  person 
of  color,  a  knowledge  of  reading  or  writing,  such  person  so  of- 
fending shall  be  guilty  of  a  misdemeanor,  and,  on  conviction, 
shall  be  punished  by  a  tine  not  exceeding  one  hundred  dollars. 
Peddlers  tra-     §  4:^98.  Sec.  XII.  If  any  peddler,  or  itinerant  trader,  whether 
suv^es^'ith-  carrying  his  goods,  wares  and  merchandize  in  a  wagon,  or  other- 
-fine  s'l^ow^  wise,  shall  at  any  time,  either  buy  from  or  sell  to,  or  otherwise 
trade  with  any  slave  or  slaves,  unless  it  be  with  the  permission 
and  in  the  presence  of  the  owner,  overseer,  or  other  person  hav- 


PT.  4.— TIT.  1.— Pknal  Code.  879 


Division  12. — Offences  relative  to  Slaves. 


ino:  charcTC  of  such  slave  or  slaves ;  such  peddler,  or  itinerant 
trader,  shall  be  guilty  of  a  inisdeineanor,  and.  on  indictment  and 
conviction  thereof,  shall  be  fined  in  a  sum  not  exceeding  one 
thousand  dollars,  one-half  to  the  use  of  the  prosecutor,  and  the 
other  half  to  the  use  of  the  county  where  the  crime  was  com- 
mitted, and  the  defendant  shall  stand  committed  until  the  fine  ^^'pJ^^^  \'^'* 
is  paid ;  and  a  copy  of  this  section  shall  be  annexed  to  all  licenses ''^''■"**^*- 
granted  peddlers. 

§  4:i99.  Sec.  XIII.  Any  person  who  shall  hire  a  slave,  by  con-  luiing  a 
tract  with  such  slave,  without  a  written  or  verbal  permit  from  cnu  a  permit. 
the  owner  or  person  having  the  right  to  control  such  slave,  shall 
be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  bo  fined 
at  the  discretion  of  the  court. 

§  i500.  Sec.  XIY.  If  any  sliop  keeper,  or  other  person,  shall  srinnsor 
sell,  give,  barter,  or  in  any  way  furnish,  or  allow  to  be  furnished  books,  &.".. 
by  any  person  in  his  employment,  to  any  slave  or  tree  person  ot 
color,  any  printed  or  written  book,  pamphlet,  or  other  publica- 
tion, writing  paper,  ink,  or  other  articles  of  stationery  for  his 
own  use,  or  for  the  purpose  of  sale,  without  written  or  verbal 
permission  from  the  owner,  guardian,  or  othdi-  person  having 
control  of  such  negro  or  free  person  of  color,  such  ]ierson  so  of- 
fending shall,  upon  conviction  thereof,  be  fined  not  less  than  ten. 
nor  more  than  fifty  dollars  for  the  first  oftencc ;  and  be  fined  and 
imprisoned,  at  the  discretion  of  the  court,  for  the  second  oftencc. 

§-1:501.  Seo.  XV,  Aii}^  merchant,  tradesman,  or  shop  keep- iiadingwitt. 
or,  who  by  himself,  or  his  clerk  ur  agent,  shall  have  closed  the  ciS^iooi-k' 
front  door  or  doors  of  his  store,  shop  or  stall,  while  engaged  in 
selling  to,  or  buying  from,  or  in  any  wise  trading  Avitli  a  slave 
or  free  person  of  color,  shall  be  guilty  of  a  misdemeanor,  and, 
on  conviction,  shall  be  fined  not  less  than  one  hundred  nor  more 
than  two  hundred  dollars,  one-half  to  be  paid  to  the  informer  or 
prosecutor;  and,  on  failure  to  pay,  the  defendant  shall  be  im- 
prisoned in  the  common  jail,  at  the  discretion  of  the  court. 

§  4502.    Sec.   XVI.    That  the  slave  or  free  person  of  color  ., 
shall  be  found  in  any  store  or  slioi3,  or  shall  be  seen  <roin«>'  in  oi.^'oi"R'"'«scc.. 

•'  i  "  ^-^"^"t-^     '^*    ^^  j)rcsumptive 

coming  out  of  the  same,  with  the  front  door  or  doors  thereof '■'''''^''"'''■' 
closed,  (except  for  ingress  and  egress,)  shall  be  presumptive  evi- 
dence of  a  violation  of  the  foregoing  section,  so  as  to  cast  the 
burden  of  proof  on  the  defendant. 

§  4503.  Sec.  XVII.  Any  white  person  who  shall  permit  a  slave  soiling  iiq 
or  free  person  of  color,  either  as  his  partner,  clerk,  agent,  or  ricrk.^."c.^"' 


880  -PT.  4.— TIT.  1.— Penal  Code. 

Division  13. — Offences  relative  to  Slaves. 


assistant,  to  keep  or  sell  any  spirituous  or  intoxicating  liquors, 
or  to  keep  open  any  shop,  or  bouse,   or  booth,  or  stall,   for  tbe 
purposes  of  sucb  sales,  sball  be  guilty  of  a  misdemeanor,   and, 
on  conviction,  shall  be  lined  or  imprisoned,  or  both,  at  the  dis- 
cretion of  the  court. 
ReBcueofne-     §4504:,  Sec.  XVIII.  If  any  person  rescue  a  negro  or  free  per- 
*^"         '  son  of  color  in  legal  custody  on  criminal  process,  such  person  so 
offending  shall,  on  conviction,  be  punished  by  confinement  and 
labor  in  the  penitentiary  for  not  less  than   one  nor  longer  than 
five  years. 
Gamingwith      §4505.    Sec.    XIX.     U  any  white  person  is  found    playing 
negroes.       ^^^  bcttlng,  or  playing  or  betting,  with  a  negro  or  negroes,  or 
free  person  of  color,  at  any  game  with  cards,  dice,  or  any  other 
game  or  games  of  chance  or  hazard,  for  the  purpose  of  winning, 
or  for  others  to  win  or  lose  money,  or  anything  of  value,  such 
person  so  offending  shall  be  guilty  of   a  misdemeanor,  and,  on 
conviction,  for  the  first  oftence,  shall  be  fined  or  imprisoned,  or 
both,  at  the  discretion  of  the  court ;  and  upon  a  second   convic- 
tion shall  be  subject  to  imprisonment  at  hard  labor  in   the  peni- 
tentiary not  less  Than  one  nor  more  than  lour  years. 
Proof  ncwB-     §450G.  Sec.  XX.    The  game  or  games  played  need  not  be 
*^'  proved.     The  prosecution  shall  be  re(]uired  to  prove  the  playing 

or  betting  only. 
MakiB   «on-     §  ^507.  Sec.  XXI.  Any  white  person   who  shall  contract  or 
tractwithne-|j  J.  j^jjj  -^yi^]^  j^uy  g]ave  mechanic  or  mason,  for  the  erection  or 

pro  luucuaii-  r^  *• 

'*=*°*"™''**'°* repairs  of  any  building,  whether  the  same  be  done  directly  or 
indirectly,  shall  be  guilty  of  a  misdemeanor,  and  the  master  of 
such  slave,  mechanic  or  mason,  or  guardian  of  such  free  person 
of  color,  who  shall  knowingly  authorize  or  permit  such  mechanic 
or  mason  to  make  such  contracts  as  are  herein  prescribed,  shall 
be  in  like  manner  guilty  of  a  misdemeanor;  and  on  conviction 
of  any  person  ofiending  under  this  section,  he  shall  be  punished 
by  fine  not  exceeding  two  hundred  dollars. 

§  4508.  Sec.  XXII.  Any  master  or  person  having  control  of  a 

>List«r    con-        "  ,        .  .  i  i         i  x-      i  •       o  i 

coaling  or    glavc  accuscd  of  anv  crime  under  the  laws  of   this  btate,  who 
slave  accused  gliall  conceal  or  con vev  awav  anv  such  slave,  with  a  view  to 

of  crime.  *'  v  •/ 

evade  the  punishment  of  his  crime,  shall  be  guilty  of  a  misde- 
meanor, and,  on  conviction,  shall  be  fined  in  the  value  of  such 
slave,  and  imprisoned  at  the  discretion  of  the  court,  if  the 
crime  charged  against  the  slave  be  a  capital  ofience ;  and  if  the 
crime  be  not  capital,  shall  be  fined  in  a  sum  not  exceeding  two 


PT.  4.— TIT.  1.— Penal  Code.  881 


Division  13. — Offences  relative  to  Slaves 


hundred  dollars.     A  prosecution  shall  bar  any  suit  at  the  in- 
stance of  an  informer. 

§4509.  Sec.  XXIII.  Any  person  taking  up  a  runaway  slaye  Detaining  a 
who  shall  fail  or  refuse  to  deliyer  such  slaye  to  the  owner,  or  the  ei.ive.  " 
jailor  of  the  county,  if  practicable,  within  four  daj's,  after  takina; 
up  the  same,  or  to  give  notice  to  such  owner  or  jailor,  if  practi- 
cable, within  said  time,  shall  be  guilty  of  a  misdemeanor,  and  on 
conviction,  shall  be  fined  or  imprisoned  in  the  common  jail  of  the 
county,  or  both,  at  the  discretion  of  the  court. 

§4510.  Sec.  XXIY.  Any  druggist,  merchant,  or  other  person  seiun-  poi- 
who  shall  sell  or  furnish  to  any  slave  or  free  person  of  color,  to°?"ve^"^^ 
without  the  written  permission  of  his  master,  employer,  or  guar- 
dian, any  poisonous  drug  or  medicine,  shall  be  guilty  of  a  high 
misdemeanor,  and,  on  conviction,  shall  be  punished  by  fine  or 
imprisonment  in  the  common  jail  of  the  county,  or  both,  at  the 
discretion  of  the  court. 

§4511.  Sec.  XXV.  Any  grocer,  or  retailer,  or  merchant.  Haying  ne- 
keeping  spirituous  liquors  for  sale,  who  shall  employ,  or  have  a^*"**  *^'"''*" 
negro  as  a  clerk,  or  employee  about  his  store,  bar  or  sho]),  so  that 
such  negro  may  have  access  to  such  liquors,  shall  be  guilty  of  a 
misdemeanor,  and,  on  conviction,  shall  be  punished  by  fine  or 
imprisonment,  or  both,  at  the  discretion  of  the  court.  The  bur- 
den shall  be  on  the  defendant  to  prove  that  such  negro  employee 
had  no  access  to  such  liquors. 

§4512.  Sec.  XXYI.  Any  person  other  than  the  owner,   whop^^^ig^;^ 
shall  sell  or  furnish  to  any  slave  or  free  person  of  color,  any  gun,  ^ofo"  with 
pistol,  bowie  knife,  slung  shot,  sword  cane,  or  other  weapon^""- 
used  for  the  purpose  of  offence  or  defence,  shall,  on  indictment 
and  conviction,  be  fined  by  the  court  in  a  sum  not  exceeding  five 
hundred  dollars,   and  imprisoned  in  the  common  jail   of  the 
county  not  exceeding  six  months,  at  the  discretion  of  the  court; 
Provided,  That  this  provision  shall  not  be  so  construed  as  to 
prevent  owners  or  overseers  from  furnishing  a  slave  with  a  gun, 
for  the  purpose  of  killing  birds,  &c.,  about  the  plantation  of  such 
owner  or  overseer. 

§4513.  Sec.  XXYII.  Any  druggist,  store-keeper  or  physician,  ^iti^pojaon. 
who  sells  or  delivers  to  any  persons  other  than  druggists  orprac-*""'  '^'■"^^• 
tising  physicians  any  of  the  following  poisonous  drugs,  viz  :  arse- 
nic, strychnine,  hydrocyanic  acid,  and  aconite,  shall  keep  a  reo-- 
ister,  and  enter  therein  the  name  and  place  of  residence  of  the 
person  to  whom  such  drug  is  sold  or  delivered,  the  name  and 
56 


882  PT.  4.— TIT.  1.— Penal  Code. 


Division  13. — Offences  relative  to  Slaves. 


quantity  of  the  poisonous  drug  so  sold  or  delivered,  and  the  time 
of  the  sale  or  deliver3^  Any  druggist,  store-keeper  or  physician, 
who  fails  or  refuses  to  comply  with  the  provisions  of  this  section, 
shall  be  guilty  of  a  misdemeanor,  and,  on  conviction  thereof, 
shall  be  fined,  or  imprisoned  in  the  common  jail  of  ythe  county; 
the  fine  not  to  exceed  five  hundred  dollars,  and  the  imprisonment 
not  to  exceed  six  months. 

PuBiefamcnt.  §4514.  Sec.  XXVIII.  Any  pcrsou  wlio  shall  fumisli  any  slavc 
or  free  person  of  color,  with  any  of  the  drugs  enumerated  in  the 
preceding  section,  or  any  other  poisonous  drug,  shall  be  guilty 
of  a  felony,  and,  upon  conviction  thereof,  shall  l)e  sentenced  to 
liard  labor  in  penitentiary  for  a  term  not  exceeding  twent}^  years. 

If  death  m-     ^4515.  Sec.  XXIX.  If  auv  persoD   shall  furnish  any  slave  or 

sues.  .    '^  ,.        -  .-,.11  ,     . 

tree  person  oi  color,  with  any  ot  the  drugs  enumerated  m  sec- 
tion 4513,  or  M'ith  any  other  poisonous  drug  or  matter  likely  to 
produce  death,  with  the  intent  or  purpose  that  such  poison  shall 
be  maliciously  administered,  in  any  manner,  to  any  person,  such 
person  furnishing  any  slave  or  free  person  of  color  with  such 
poison,  with  the  intent  aforesaid,  shall,  on  conviction  thereof,  be 
punished  by  conhuement  and  hard  lal)or  in  the  penitentiary  for 
a  term  not  exceeding  twenty,  nor  less  than  ten  years,  and  if 
such  poison  be  so  administered  whereby  death  to  any  person  en- 
sues, or  whereby  the  health  of  any  person  is  injured  or  impaired, 
such  person  so  offending,  shall,  on  conviction  thereof,  be  punished 
PaniBhniont.  with  death,  or  by  imprisonment  and  hard  labor  in  the  peniten- 
tiary for  a  term  not  less  than  ti\c  years,  at  the  discretion  of  the 
Judffe. 


FT.  4.— TIT.  1.— Penal  Code. 


883 


Division  14. — Of  Indictments,  ArraignmentB,  && 


«F  INDICTMKXT^ 


FOURTEENTH  DIVISION. 

ABR.VIGNMBNTS,  TRIAL.  A'ERDICT.  JUDGMENT  AND 
EXECUTION. 


♦Sectiox. 
45 IG.  Torm  ol  indictaiicnt. 

4517.  Exceptions. 

4518.  Malicious  prosecution. 

4519.  Costs  paid  by  county. 
4530.  Prosecution  on  prescninient-s. 

4521.  Arraignments  in  .small  ofllences. 

4522.  Copy  indictment  and  witnes.ses. 
452?).  In  minor  oflbnoos. 

4524.  Arraiiifnments. 

4525.  Standing-  mute. 

452G.  Demurrers  and  special  pleas. 

4527.  Record  of  issue. 

4528.  Entry  on  indictment. 

4529.  Arraignment  ni  fetters. 

4530.  Challenges. 

4531.  In  minor  ofl'ences. 

4532.  Jury  judges  of  law.  • 

4533.  Time  of  trial — coniinuaDce. 

4534.  Demand  for  trial. 

4535.  Nolle  prosequi. 

4536.  Juror's  oath. 

4537.  Witnesses  oath. 

4538.  Before  grand  jur\-. 

4539.  Several  unpri.sonment.s. 

4540.  Fine  money. 

4541.  Paid  immediately. 

4542.  Discretionary  iniprisoument  in  pen. 

4543.  Convicts  sent  to  penitentiary. 

4544.  Notice  to  keeper. 

4545.  E.scapes  therefrom. 

4546.  Confinement  in  jail. 

4547.  No  benefit  of  clergy. 

4548.  Death  by  hanging :  mode  of  ex'n- 

4549.  Judge's  report.  n^ 

4550.  Punished  under  existing  laws. 

4551.  Limitation  on  indictments. 

4552.  Insane  convicts. 

4553.  Pregnant  convicts. 
4.")54.  Subse<]uent  execution. 


Sectiox. 

4555.  Date  from  sentence. 

4556.  Offences  on  county  lines. 

4557.  Death  in  another  county. 

4558.  Or  on  soil  of  C.  S. 

4559.  Insane  oflender. 
45G0.  Act  not  attempt. 

4561.  Jury  may  find  attempt. 

4562.  Two  convictions,  longest  time. 

4563.  Convicts  witnesses. 

4564.  Empannelling  jur}-. 

4565.  Talesmen. 

4566.  Putting  panuel  on  prisoner.-*. 

4567.  (/hallcnge  to  the  array. 

4568.  Challenge  for  cause. 

4569.  Questions  on  voir  dire. 

4570.  Setting  aside  for  cause. 
45-71.  Swearing  in  chief. 

4572.  No  investigation  before  triers. 

4573.  Peny.  confinement  disqualificatioi 

4574.  Jonit  defendants. 
4575.*  Continuance  by  one. 
4576.  Opprobrious  word?. 

■4577.  Oath  on  inquests  of  insanity. 

4578.  Abstract  of  evidence. 

4579.  Form  of  sentence. 

4580.  Commutation  for  good  behavior. 

4581.  Collection  of  costs. 

4582.  Discharge  of  insolvent.?. 

4583.  Eail  taken  twice. 

4584.  Forfeiting  recognizance. 

4585.  Proceedings  vs.  bail. 

4586.  Surrender  by  bail. 

4587.  Discretionary  imprisonment. 
45S8.  Settlement  of  minor  ofiences. 

4589.  Of  all  others. 

4590.  Excessive  costs. 

4591.  Two  returns  of  "no  l)i!l."' 

4592.  Insolvent  costs. 


§4510.  Skc.  T.  Every  indictnient  or  accnsation  of  the  grand 
jury  sliall  be  deemed  sufficiently  technical  and  correct,  which 
states  the  ©tfence  in  the  terms  and  language  of  this  Code,  or  so 
plainly  that  the  nature  of  the  offence  charged  may  be  easily 


884  FT.  4.— TIT.  1.— Penal  Code. 


Division  14. — Of  Indictments,  Arraignments,  &c. 


understood  by  the  jury.  The  form  of  every  indictment  or  accu- 
sation shall  be  as  follows  : 

"Georgia,        ) 
County,  i 

Form  of  the     "The  OTand  I'urors  selected,  chosen  and  sworn  for  the  county 

first  count.  »  •'.  .     '  i     i     i      i,.      ^       i  .    . 

of  ,  to  Wit ,  ,  m  the  name  and   behali  oi    the  citi- 

zens of  Georgia,  charge  and  accuse  A.  B.,  of  the  county  and 
State  aforesaid,  with  the  oftence  of  ,  for  that  the  said  A. 

B.,  (here  state  the  offence,  and  the  time  and  place  of  coinmitting 
the  same,  with  sufficient  certainty,)  contrary  to  the  laws  of  said 
State,  the  good  order,  peace  and  dignity  thereof.'' 

wunts!"''"'^      If  there  should  be  more  than  one  count,  each  additional  count 
sliall  commence  with  the  following  form :  "And  the  jurors  afore- 
said, in  the  name  and  behalf  of  the  citizens  of  Georgia,  further 
charge  and  accuse  the  said  A.  B.  with  having  committed  the  of- 
fence of  ,  (here  state  the  ofience  as  before  directed,)  for 
tiiat,"  tfec. 
Exetptions.       §4517.  Sec.  II.  All  exccptious  wliich  go  iuercly  to  the  form 
of  an  indictment,  shall  be  made  before  trial ;  and  no  motion  in 
arrest  of  judgment  shall  be  sustained  for  any  matter  not  affect- 
ing the  real  merits  of  the  offence  charged  in  such  indictment. 
Costs  to  be       §4518.    Sec.   III.    Upon   every  indictment,  the  prosecutor's 
p^oBewtor.  name  shall  be  endorsed,  who,  npon  the  acquittal  or  discharge  of 
the  person  accused,  shall  be  compelled  to  pay  all  costs  which  have 
accrued,  if  the  grand   jury,  by  their  foreman,   upon  returning 
"no  bill,"  express  it  as  their  opinion  that  the  prosecution  was 
unfounded  or  malicious ;  or  if  the  petit   jury  upon  returning  a 
verdict  of  "not  guilty,"  shall  express  a  similar  02)inion. 
Persons  ac-       §4519.  Sec.  IY.  A  pcrsou  agaiust  whom  a  bill  of  indictment 
ilTsofvents!^  shall  be  preferred  and  not  found  true  by  the  grand  jury ;  or  who 
shall  be  acquitted  by  the  petit  jury  of  the  oflfence  charged  against 
him  or  her,  shall  not  be  liable  to  the  payment  of  the  costs  ;  and 
in  all  such  cases,  as  also  where  persons  liable  by  law  for  the  pay- 
ment of  the  costs,  shall  be  unable  to  pay  the  same,  it  shall  and 
may  be  lawful  for  the  officers  severally  entitled  to  such  costs,  to 
present  an  account  therefor  to  the  Judge  of  the  court  in  which 
the  said  prosecutions  were  depending,  which  account  being  ex- 
amined and  allowed  by  him,  it  shall  and  may  be  lawful  for  said 
Judge,  by  an  order  of  said  court,  to  authorize  and  direct  the 
Sheriff  or  Clerk  to  retain  for  his  own- use,  and  to  pay  to  the  At- 


FT.  4.— TIT.  1.— Penal  Code. 


885 


Division  14. — Of  Indictments,  Arraignments,  &c. 


tornej  or  Solicitor  General,  and  other  officers  of  the  court,  the 
amount  of  their  respective  accounts,  out  of  any  monies  by'liim 
received  for  fines  infiicted  bv  the  said  court,  or  collected  on  for- 
feited recognizances. 

§4520.  Sec.  Y.  It  shall  be  the  duty  of  the  Attorney  or  Solicitor  solicitor 
General  to  prosecute  on  all  presentments  of  grand  juries,  where  SS" 
such  presentment  or  presentments  is  or  are  for  offences  indictable -ntS;. 
by  law  :  and  the  endorsement  on  the  indictment  by  the  Attorney 
or  Solicitor  General,  that  the  same  is  founded  on  the  presentment 
of  a  grand  jury,  shall  be  sufficient,  without  any  prosecutor's  name 
appearmg  on  the  indictment. 

§  4521.  Sec.  VI.  Ko  person  indicted,  unless  it  be  for  an  offence  Arraiga- 
which  may,  on  conviction,  subject  him  or  her  to  death,  or  im--W 
prisonment  in  the  penitentiary  for  the  term  of  three  years  or'""'' 
more,  shall  be  put  for  his  or  her  arraignment  in  the  bar  dock,  or 
other  place  set  apart  in  the  court  room  for  the  arraignment  of 
prisoners. 

§4522.^  Sec.  YII.  Every  person   charged  with  a  crime  or  of- copy  of  in- 
tence  which  may  subject  him  or  her,  on  conviction,  to  death  ovtl'Slr 
imprisonment  in  the  penitentiary  for  the  term  of  three  years  or  "''""'"• 
more,  shall  be  furnished,  previous  to  his  or  her  arraignment,  with 
a  copy  of  the  indictment,  and  a  list  oY  the  witnesses  who  gave 
testimony  before  the  grand  jury. 

§  4523    Sec.  YIII,  Every  person  charged  with  an  offence  shall,  msmaii 
at  his  or  her  request,  or  the  request  of  his  or  her  counsel,  be  fnr-oTrl^neT 
mshed  with  a  copy  of  the  indictment,  and  a  list  of  the  witnesses 
who  gave  evidence  before  the  grand  jury. 

J^^^^t  f''^;!^'  ^>°  *^'^  ^''^^S™^  ^^' ^M^Hsoner,  the  in- For.  of ar- 
dictment  shall  be  read  to  him  or  her,  and  such  prisoner  shall  u'^'^^^^^'- 
required  to  answer  whether  he  or  she  is  guilty  or  not  guilty  of  the 
offence  charged  m  the  said  indictment,  which  answer  or  plea 
shall  be  made  orally  by  the  prisoner,  or  his  or  her  counsel.  And 
It  he  or  she  shall  plead  guilty,  such  plea  shall  be  immediately 
i-ecorded  on  the  minutes  of  the  court  by  the  Clerk,  together  with 
the  arraignment;  and  the  court  shall  pronounce  upon  such  pris- 
oner the  judgment  of  the  law,  in  the  same  manner  as  if  such 
prisoner  had  been  convicted  of  the  offence  by  the  verdict  of  a 
jnry  :  but  at  any  time  before  judgment  is  pronounced,  such  pris- 
oner may  withdraw  the  plea  of  "guilty,"  and  plead  not  guilty; 
and  such  former  plea  shall  not  be  given  in  evidence  against  him 
c»r  Jior  on  his  or  her  trial. 


S86 


PT.  4.— TIT.  1.— PENAi  Code. 


Division  1-1. — Of  Indictments,  Arraignments,  &c. 


Stan  din 
mate  or 


5  4525.  Sec.  X.  If  the  prisoner,  upon  being  arraigned,  shall 
^^ding  not  plead  "not  guilty,"  or  shall  stand  mute,  the  Clerk  shall  imme- 
diately record  ui)on  the  minutes  of  the  court  the  plea  of  "not 
guilty,"  together  with  the  arraignment,   and  such  arraignment 
and  plea  shall  constitute  the  issue  between  the  prisoner  and  the 
people  of  this  State. 
Demurieis       §  4526.  Sec,  XI.  If  the  prisoner,  upon   being  arraigned,  shall 
pkM  to'^bo   demur  to  the  indictment,  or  plead  to  the  jmisdiction  of  the  court, 
IS  w   wg.   ^^,  .^  abatment,  or  any  special  plea  in  bar,  such  demurrer  or  plea 
shall  be  made  in  writing ;  and  if  such  demurrer  or  plea  shall  be 
decided  against  such  prisoner,  then  such  prisoner  may,  neverthe- 
less, plead  and  rely  on  the  general  issue  of  not  guilty. 

§4527.  Skc.  XII.  If  the  Clerk  shall  fail  or  neglect  to  record 
the  arraignment  and  plea  of  the  prisoner  at  the  time  the  same  is 
made,  it  may  and  shall  be  done  at  any  time  afterwards,  by  order 
of  the  court,  and  this  shall  cure  the  error  or  omission  of  the  Clerk. 
§  4528,  Si:c.  XIII.  The  arraignment  and  plea  or  answer  of  the 
prisoner  shall  Ije  entered  on  the  indictment  by  the  Attorney  or 
Solicitor  General,  or  other  person  acting aa  prosecuting  officer  ou 
the  part  of  the  people  of  this  State. 

§4529.  Sp:c.  XIV.  Xo  prisoner  shall  be  brought  into  court  for 
■  arraignment  or  trial,  tied,  bound  or  fettered,  unless  the  court 
shall  deem  it  necessary,  during  his  w  her  arraignment  or  trial;, 
and  if  the  healtli  of  the  prisoner,  or  other  circumstances  should 
render  it  more  convenient  to  the  prisoner  and  his  counsel  that 
he  or  she  should  not  be  placed  for  his  or  her  arraignment,  or  du- 
ring his  or  her  trial,  within  the  bar-dock,  or  other  place  assigned 
in  the  court  room  for  prisoners,  the  court  may  grant  the  indul- 
gence of  removing  the  prisoner  to  any  other  place  in  the  court 
room,  or  contiguous  to  it,  requested  by  the  prisoner  or  his  or  her 
counsel. 

§  4530.  Sec.  XV.  Every  person  indicted  for  a  crime  or  offence 
which  may  subject  him  or  her,  on  conviction,  to  death,  or  four 
years'  imprisonment  or  longer  in  the  penitentiary,  may  peremp- 
torily challenge  twenty  of  the  jurors  empannelled  to  try  liim  or 
her.  And  every  person  indicted  for  an  offence  which  may  sub- 
ject him  or  her,  on  conviction,  to  imprisonment  in  the  peniten- 
tiary for  any  time  less  than  four  years,  may  peremptorily  chal- 
lenge twelve  of  the  jurors  empannelled  to  try  him  or  her  ;  and. 
the  State  shall  be  allowed  one-half  the  number  of  peremptory? 
challenges  allowed  the  prisoner. 


lestie  Hiiiy 
he  recorded 

afterward!*. 


To  bo  inUn- 
<'d  All  the  in 
tGctment. 


D*t  to  b«  or 
roignod  in 
f»tt«rF. 


•ii&l  lenses. 


PT.  4.— TIT.  1.— Penal  Code.  887 


Division  14. — Of  Indictments,  Arraigtiments,  &c. 


§  4531.  Seo.  XVI.  In  all  other  cases  the  court  sliall  have  a  pan-  in  minor  or 
sel  of  twenty-four  jurors,  of  which  the  prisoner  shall  have  the^*°"'' 
right  to  cliallenge  seven  peremptorily,  and  tlie  State  five;  the  re- 
maining twelve  shall  constitute  the  jury. 

§4532.  Sec.  XYII.  On  every  trial  of  a  crime  or  offence  con- Jury ar* 
tained  in  this -Code,  or  for  any  crime  or  offence,  the  jury  shall  lawWLt 
be  judges  of  the  law  and  the  fact,  and  shall  in  every  case  o-ive 
a  general  verdict  of- "guilty"'  or  '•  not  guilty,"  and  on  the' ac- 
quittal of  the  defendant  or  prisoner,  no  new  trial  shall,  on  any 
account,  he  granted  by  the  court. 

§4533.  Sec.  XYIII.  Every  person  against  whom  a  bill  of  in- mdicun^ts 
dictment   is  found,  shall  bo  tried  at  the  term  of  the  court  at  TeiS'^kl?" 
which  the  indictment  is  found,  unless  the  absence  of  a  material  ^^''°*'" 
witness  or  witnesses,  or  the  principles  of  justice  should  require  a 
postponement  of  the  trial,  and  then  the  court  shall  allow  a  post- 
ponement of  the  trial  until  the  next  term  of  the  c©urt ;  and  the 
court  shall  have  power  to  allow  the  continuance  of  criminal  causes 
from  term  to  term,  as  often  as  the  principles  of  justice  may  re- 
quire, upon  sufficient  cause  shown  on  oath. 

§4534.  Sec.  XIX.  Any  person  against  whom  a  true  bill  of  in- m  ca.,es  not 
dictment  is  found  for  an  offence  not  affecting  his  or  her  life,  may  *'''''*'^'' 
demand  a  trial  at  the  term  when  tlie  indictment  is  found,  or  at 
the  next  succeeding  term  thereafter,  or  at   any  subsequent  term, 
by   special  permission   of  the  court,   whidi    demand    sliall   be 
placed  upon  the  minutes  of  the  court;  and  if  such  T)erson   shall 
not  be  tried  at  the  term  when  the  demand  is  made,  or  at  tlie  next 
succeeding  term  thereafter;  Provided,  tliat  at  both  terms  there 
were  juries  empannelled  and  qualified  to  try  such  prisoner,  then 
he  or  she  shall  be  absolutely  discharged  and  acquitted  of  the  of- 
fence charged  in  the  indictment, 

^§4535.  Sec.  XX.  ^o  nolle  proRequi  sliall   be  entered  on  any  ^^,,;,  ,,,^,,. 
bill  of  indictment  after  the  case  has  been  submitted  to  the  jury,  '^"'-  '' 
except  by  the  consent  of  the  defendant. 

§453G.  Sec.  XXI.  In  all  criminal  cases,  the  following  oath  Petit  jwr.rs' 
shall  be  administered  to  the  petit  jury,  to  wit :  "  You  shall  well 
and  truly  try  the  issue  formed  upon  this  bill  of  indictment  be- 
tween the  State  of  Georgia  and  A.  B.,  who  is  charged  (here  state 
the  crime  or  offence)  and  a  true  verdict  give  according  to  evi- 
dence.    So  help  you  (lod." 


oatb. 


888  PT.  4.— TIT.  1.— Penal  Code. 

Division  14. — Of  Indictments,  Arraisrnments,  Ac. 

Witnesses'  §  4537.  Sec.  XXII.  The  following  oath  shall  be  administered 
to  witnesses  in  criminal  cases,  viz  :  "  The  evidence  you  shall  give 
to  the  court  and  jury  upon  the  trial  of  this  issue  between  the 
State  of  Georgia  and  A.  B.,  who  is  charged  with  (here  state  the 
crime  or  offence)  shall  be  the  truth,  the  whole  truth,  and  nothing 
but  the  truth.     So  help  you  God.-' 

Oath  of  wit-     §4538.  Sec.  XXIII.  And  the  following  oath  shall  be  admin- 

grandjSy.  istcrcd  to  wituesses  intended  to  be  sent  before  the  grand  jury  : 
"  The  evidence  you  shall  give  the  grand  jury  on  this  bill  of  in- 
dictment (or  presentment)  as  the  case  may  be,  (here  state  the 
case)  shall  be  the  truth,  the  whole  truth,  and  nothing  but  the 
truth.  So  help  you  God."  In  every  case  in  this  Code,  the  per- 
son whose  property  has  been  stolen,  injured,  destroyed,  taken 
away,  or  fraudulently  converted  or  conveyed,  or  whose  name  has 
been  forged  to  any  instrument,  or  who  has  received  a  personal 
injury,  shall  be  a  competent  witness  on  the  trial  of  the  offender  or 
offenders. 

Several im-       §4539.  Sec.  XXIV.  Where  a  pcrsou  shall  be  prosecuted  and 

prisonmonts  .  •     ^^  i       , 

to  be  in  6UC- convicted  on  more  than  one  indictment,  and  the  sentences  are 

cession.  .  .  ,  .  .  ,  1     11    1 

imprisonment  in  the  penitentiary,  such  sentences  sliall   be  seve- 
rally executed,  the  one  after  the  cxjtiration  of  the  other ;  and 
the  Judge  shall  specify  in  each  the  time  when  the  imprisonment 
shall  commence,  and  the  length  of  its  duration. 
rincs-to         §4540.  Sec.  XXY.  All  fines  imposed  by  this  Code,  not  other- 
paid'^ntf  for  wise  appropriated  by  this  Code,  shall  be  ]>aid  over  by  the  Clerks 
use.     ^|.  ^1^^  Superior  Court  to  the  Ordinary  of  the  county,  for  educa- 
tional purposes  in  such  county,  except  the  county  of  Cliatham, 
where  the  said  fines  shall  be  paid  over  to  the  corporation  of  the 
city  of  Savannah,  and  the  Clerks  of  the  Inferior  Courts  shall 
keep  a  fair  account  of  the  fines  received,  and  the  time  when  re- 
ceived, and  the  names  of  the  persons  from   whom   the  said  fines 
were  collected. 
Paidimme-       § -i^^l-  Sec.  XXVI.  Every  fine  imposed  by  the  court  under 
diateiy.       ^j^^  authority  and  by  virtue  of  this  act,  shall  be  immediately 

paid,  or  within  such  reasonable  time  as  the  court  may  grant. 
Pcniteutiarr     §  4542.  Sec.  XXVII.  In  all  cases  wliere  the  term  of  punish- 


f^j^*=^^^*'°°  ment  in  the  penitentiary  is  discretionary,  the  court  shall  deter- 
mine that  punishment,  paying  due  respect  to  any  recommenda- 
tion which  the  jury  may  think  proper  to  make  in  that  regard. 


-jury  re 
commenda- 
tion. 


PT.  4.— TIT.  1— Penal  Code. 


Lii\i:sion  14. — Of  Indictments,  Arraignments,  &c. 


8  4643.  Sec.  XXYIII.  Every  person  convicted  in  any  county  convicts 
of  this  State  of  any  crime  or  onence  punisiiable  witli  confine-  safely  sent 

*'  -^  .  .to  penitcn- 

ment  in  the  penitentiary,  shall,  as  soon  as  possible  after  convic- "ary. 
tion,  together  with  a  copy  of  the  record  of  his  or  her  conviction 
and  sentence,  he  safely  removed  and  conveyed  to  the  said  peni* 
tentiary  by  a  guard  to  be  sent  therefrom  for  that  purpose,  and 
therein  be  safely  kept  during  the  term  specitied  in  the  judgment 
and  sentence  of  the  court. 

§  4544,  Sec.  XXIX.  In  all  cases  where  persons  are  convicted  cierk  to 

1  ^  •  ■  •  1  •  •  •         1      n    1      notify  the 

and  sentenced  to  imprisonment  in  tlie  penitentiary,  it  shall  be  keeper, 
the  duty  of  the  Clerks  of  the  Superior  Courts  of  the  respective 
■counties  where  such  persons  may  be  convicted  and  sentenced,  to 
inform  the  princi})al  keeper  of  the  penitentiary  immediately 
thereafter  by  mail,  or  by  private  conversance  where  there  is  no 
post  office  in  the  county,  of  the  conviction  and  sentence  of  said 
•convict,  and  that  he  or  she  is  detained  in  the  county  jail,  or 
under  guard,  as  tlie  case  may  be,  subject  to  the  order  of  the 
keeper  aforesaid. 

§4545.  Skc.  XXX.  The  trial  of  prisoners  escaping  from  the  Trials  for 
penitentiary  shall   be  had  for  such  escape  before  the  Superior  pSontr™ 
Court  of  Baldwin  county,  and  prisoners  so  escaping  shall  remain  "^" 
in  the  penitentiary  and  be  treated  as  other  convicts,  after  their 
apprehension,  until  such  trial  shall  take  place;  and  upon  such 
trial,  the  copies  of  the  records  transmitted  to  the  keeper  of  the 
.penitentiary  relative  to  the  former  trials  of  sucli  prisoners,  shall 
be  produced  and  filed  of  record  in  the  said   Superior  Court  of 
Baldwin  county. 

§4546.  Sec.  XXXI.  When  any  person  may  be  convicted  of  convicts 
any  offence  wliich  may  subject  him  or  lier  to  confinement  in  thefaiumsent 
penitentiary,  it  shall  be  the  duty  of  the  presiding  Judge,  by  his  tentiLy*^"^ 
sentence,  to  order  the  convict  into  custody,  to  be  safely  kept  in^"^*^ " 
jail ;  or  if  there  be  no  jail  in  the  county  then  in  the  nearest  jail, 
or  under  a  suitable  guard,  until  he  or  she  shall  be  demanded  by 
a  guard  to  be  sent  from  the  penitentiary  for  the  purpose  of  con- 
veying such  convict  to  the  said  penitentiary. 

§4547.  Sec.  XXXII.  Xo  person  convicted  of  a  crime  in  this  no  benefit  of 
State  shall  be  allowed  the  benefit  of  clergy ;  and  in   all  cases 
where  the  penalty  of  death  is  annexed  to  a  crime  the  convict 
shall  sufi:er  that  punishment. 

§  4548.  Sec.  XXXIII.  Tlie  sentence  of  death  shall  be  executed  Death  by 
■by  publicly  hanging  the  offender  by  the  neck  until  he  is  dead.  '^""smg. 


890  FT.  -i.— TIT.  1.— Penal  Code. 

'  Division  14. — Of  Indictments,  Arraigmuents,  &c. 


The  execution  of  the  sentence  shall  be  in  private  and  witnessed 
only  bv  the  executing  officer,  a  sufficient  guard,  the  relatives  of 
the  criminal,  and  such  clergyman  and  friends  as  he  may  desire. 
The  place  for  sm-h  execution  shall  be  provided  by  the  Inferior 
Court  of  each  county.     The  Judge  passing  sentence  may  order 
the  execution  to  be  in  public,  if  he  sees  proper,  and  may  in  either 
case  take  such  steps  as  he  thinks  best  to  secure  the  execution  of 
the  sentence  and  to  determine  when  death  supervenes. 
judgestore-     §4549.  Sec.  XXXIY.  It  shall  be  the  duty  of  the  Judges  oi' 
^te^^he^  the  Superior  Courts  to  make  a  special  report  annually  to  the 
^*"^*"         C-rovernor  of  this  State,  previous  to  the  meeting  of  the  General 
Assembly,  and  by  him  to  be  submitted  to  the  Legislature,  of  all 
such  defects,  omissions,  or  imperfections  in   this  Code,  as  expe- 
rience on  their  se\  oral  circuits  may  suggest. 
Crimes  to  be     §4550.  Skc.  XXXV.  All  criuics  and  oft'euces  coumutted  shall 
Sndwco-     be  prosecuted  and  punished  un<ler  the  hiws  in  force  at  the  time 
^4.°^       of  the  commission  of  such  crime  <>r  uil'ence,  notwithstaiiding  the 

repeal  of  such  laws  before  such  trial  takes  place. 
Limitations  §4551,  Sko.  XXXVI.  ludictmouts  for  murder  may  be  fouuu 
»«ntt!*^*  ^"d  prosecuted  at  any  time  after  the  death  of  the  person  killed. 
In  all  other  cases  (except  murder)  where  the  punishment  is 
deatli  or  perpetual  imprisonment,  indictments  shall  be  tiled  and 
found  in  the  proper  court  within  seven  years  next  after  the  com- 
mission of  the  olience,  and  at  no  time  thereafter.  In  all  other 
felonies,  the  indictments  shall  be  found  and  tiled  in  the  proper 
court  within  four  years  next  after  the  commission  ot'  the  otieuce. 
and  at  no  time  thereafter.  yVnd  in  all  otlier  cases  where  the 
punishment  by  law  is  fine  or  imprisonment,  or  fine  and  imprison- 
ment in  the  common  jail  of  the  county,  indictments  shall  be 
found  and  filed  in  the  proper  court  -within  two  years  after  the 
commission  of  the  oftence,  and  at  no  time  thereafter ;  Provided, 
Qieverthdess,  that  if  the  ofiender  shall  abscond  from  this  State,  or 
so  conceal  himself  that  he  cannot  be  arrested,  such  time  during 
which  such  olfender  has  been  absent  from  the  State,  or  concealed, 
shall  not  be  computed  or  constitute  any  part  of  the  said  several 
limitations  ;  Provided,  also,  that  no  limitation  shall  run  so  long 
as  the  ofiender  or  the  uftence  is  unknown ;  Provided,  furth&r, 
that  if  the  indictment  is  found  within  the  time  limited,  and  for 
any  information  shall  be  (piashed  or  noil,  prosd.,  &  new  indict- 
ment may  be  found  and  prosecuted  within  six  aionths  from  the 
time  the  first  is  quashed  or  noil,  prosd. 


PT.  4.— TIT.  1.— Penai.  Code.  S91 

Division  14. — Of  Indictments,  Arraignments,  &c. 

§  4552.  Sec.  XXXVII.  If,  after  any  convict  shall  have  been  Becoming 

o  7  ./  uisano  after 

sentenced  to  the  punishment  of  death,  he  shall  become  insane.  wnywuQu. 
the  Sheriff  of  the  county,  with  concurrence  and  assistance  of  the 
Inferior  Court  thereof,  shall  summon  a  jury  of  twelve  men  to  in- 
quire into  such  insanity ;  and  if  it  be  found,  by  the  inquisition  of 
such  jury,  that  such  convict  is  insane,  the  Sheriff  shall  suspend 
the  execution  of  the  sentence  directing  the  death  of  such  con- 
vict, and  make  report  of  the  said  inquisition  and  suspension  of 
execution  to  the  presiding  Judge  of  the  district,  who  shall  cause 
the  same  to  be  entered  on  the  minutes  of  the  Superior  Court  of 
the  county  where  the  conviction  was  had.  And  at  any  time 
thereafter,  when  it  shall  appear  to  tlie  said  presiding  Judge, 
either  by  inquisition  or  otherwise,  that  the  said  convict  is  of 
sound  mind,  the  said  Judge  shall  issue  a  new  warrant  directing 
the  Sheriff"  to  do  execution  of  the  said  sentence  on  the  said  con- 
vict, at  such  time  and  place  as  the  said  Judge  may  appoint  and 
direct  in  the  said  warrant,  which  the  Sheriff'  shall  be  bound  to 
do  accordingh".  And  the  said  Judge  shall  cause  the  said  new 
warrant  and  other  proceedings  in  the  case  to  be  entered  on  the 
minutes  of  the  said  Superior  Court. 

§4553.  Sec.  XXXYIII.  If  a  female  convict  sentenced  to  the  Female  con- 
punishment  of  death  shall  be  found  pregnant  with  child,  thenant^^"' 
Sheriff",  with  the  concurrence  and  assistance  of  the  Inferior 
Court,  shall  select  one  or  more  physician  or  physicians,  who  shall 
make  inquisition,  and  if.  upon  such  inquisition,  it  aj)pear  that 
such  female  convict  is  quick  with  child,  the  Sheriff  sliall  suspend 
the  execution  of  the  sentence  directing  the  death  of  such  female, 
and  make  report  of  the  said  inquisition  and  suspension  of  execu- 
tion to  the  presiding  Judge  of  the  district,  who  shall  cause  the 
same  to  be  entered  on  the- minutes  of  tlie  Superior  Court  of  the 
county  where  the  conviction  was  had.  And  at  any  time  there- 
after, when  it  shall  appear  to  the  said  presiding  Judge  that  the 
said  female  convict  is  no  longer  quick  with  child,  he  shall  issue 
a  new  warrant  directing  the  Sheriff  to  do  execution  of  the  said 
sentence  at  such  time  and  place  as  the  said  Judge  may  appoint 
and  direct  in  the  said  warrant,  which  the  Sheriff'  shall  be  bound- 
to  do  accordingly.  .Vnd  the  said  Judge  shall  cause  the  said  new 
warrant  and  other  proceedings  in  tlie  case  to  be  entered  on  the- 
minutes  of  said  Superior  Court. 


892  PT.  4.— TIT.  L— Penal  Code.  , 

Division  14. — Of  Indictments.  Arraignments,  Ac.  y 

If  execution     §4:554.  Sec.  XXXIX.  Whenever,  foF  any  rcasoii,  anj  convict 
at  appointed  sentenced  to  the  punishment  of  death  shall  not  have  been  exe- 

time. 

cuted  pursuant  to  such  sentence,  and  the  same  shall  stand  in  full 
force,  the  presiding  Judge  of  the  Sui)erior  Court  where  the  con- 
viction was  liad,  on  the  application  of  the  Attorney  or  Solicitor 
General  of  the  district,  or  other  person  prosecuting  for  the  State, 
shall  issue  a  hnheas  coj'jnis  to  bring  such  convict  before  him  ;  or 
if  sucli  convict  be  at  large,  said  Judge  or  any  judicial  officer  of 
this  State  may  issue  a  warrant  for  his  apprehension ;  and  upon 
the  said  convict  being  brought  before  the  said  Judge,  either  by 
haheasrorjyus  or  under  such  warrant,  he  shall  proceed  to  inquire 
into  tlie  facts  and  circumstances  of  the  case,  and  if  no  legal  rea- 
son exists  against  the  execution  of  such  sentence,  such  Judge 
shall  sign  and  issue  a  warrant  to  the  Sheriff  of  the  proper  county, 
commanding  him  to  do  execution  of  such  sentence  at  such  time 
and  place  as  shall  be  appointed  therein,  which  the  said  Sheriff 
shall  do  accordingly.  And  the  Judge  shall  cause  the  proceed- 
in*;  in  such  case  to  be  entered  on  tlie  minutes  of  tlie  Inferior 
Court  of  the  county. 
Execution-     §4555.  Sec.  XL.  Whenever  anv  convirt  shall  be  sentenced  to 

within  what    ,  .   ,  ,■     i         i  i  '  in  -i-         i  •  j 

time  from  the  punislimeut  01  deatli,  the  court  shall  speciiy  the  time  and 
place  of  execution  in  such  sentence,  which  time  shall  not  be  less 
than  twenty  days  nor  more  than  sixty  days  from  the  time  of  the 
sentence,  except  in  the  case  of  a  female  convict  who  is  quick 
with  child  at  the  time,  in  which  case  the  court  may  and  shall 
appoint  some  day  that  will  arrive  after  she  shall  have  been  de- 
livered of  such  child. 
Offences  on  §4556.  Sec.  XLI.  When  an  offence  shall  be  committed  on  the 
lines.  boundary  line  of  two  counties,  it  shall  be  considered  and  adjudged 

to  have  been  committed  in  either  county,  and  an  indictment  for 
such  offence  may  be  found  and  tried  in,  and  conviction  thereon 
ma}'  be  had  in  either  of  said  counties. 
Death  from       § -^557.  Sec.  XLII.  Wlicu  any  mortal  wound  shall  be  given, 
inanoth?/  ^r  any  poison  shall  be  administered,  or  any  other  means  shall  be 
county.       employed  in  one  county  by  which  a  human  being  shall  be  killed, 
who  shall  die  thereof  in  another  county,  the  indictment  shall  be 
found  and  the  offender  shall  be  tried  in  the  county  where  the  act 
was  performed  or  done  from  which  the  death  ensued. 
Or  on  soil        §4558.  Sec.  XLIII.  If  such  wound  be  given  or  poison  admin- 
a  *    "  ■  istered  upon  soil  the  jurisdiction  over  which  has  been  ceded  to 
the  Confederate  States,  within  the  geographical  limits  of  this  State, 


PT.  4.— TIT.  1.— Penal  Code.  893 


Division  14. — Of  Indictments,  Arraignments.  &c. 


or  within  the  territory  of  an  adjoining  State,  and  death  shall  en- 
sue therefrom  in  any  county  in  this  State,  the  indictment  shall  be 
found  and  the  cause  tried  in  the  county  where  the  death  occurs. 

§4559.  Sec.  XLIV.  Xo  lunatic  or  person  afflicted  with  insan- Lunacy Ind 
ty,  shall  be  tried,  or  put  upon  his  trial  for  any  offence,  during '°^''°'^^' 
the  time  he  is  afflicted  with  such  lunacy  or  insanity,  which  shall 
be  tried  in  the  manner  hereinbefore  pointed  out,  where  the  plea 
of  insanity  at  the  time  of  offence  is  filed,  and,  on   being  found 
true,  the  prisoner  shall  be  disposed  of  in  like  manner. 

§4560.  Sec.  XLY.  No  person  shall  be  convicted  of  an  assault  The  attempt 
,  with  intent  to  commit  a  crime,  or  of  any  other  attempt  to  com- fndicted. 
mit  any  offence,  when  it  shall  appear  tliat  the  crime  intended,  or 
tlie  offence  attempted,  was  actually  perpetrated  by  such  person 
at  the  time  of  such  assault,  or  in  pursuance  of  such  attempt. 

§45G1.  Sec.  XLVI.  Upon  the  trial  of  an  indictment  for  an}- jury  may  ai- 
offencc,  the  jury  may  find  the  accused  not  guilty  of  the  offence  the^*tto°mrt. 
charged  in  the  indictment,  but  guiltj'  of  an  attempt  to  commit 
such  offence,  without  any  special  count  in   said  indictment  for 
such  attempt ;  Provided,  the  evidence  before  them  will  warrant 
such  finding. 

§4502.  Sec.  XLYII.  If  any  person,  who  has  been  convicted  two  ronyic- 
of  an  offence,  and  sentenced  to  confinement  and  labor  in  theesTumc?^ 
penitentiary,  shall  afterwards  commit  a  crime  punishable  by  con- 
finement and  labor  in  the  penitentiary,  and  be  thereof  lawfully 
convicted,  such  convict  shall  be  sentenced  to  undergo  and  suffer 
the  longest  period  of  time  and  labor  prescribed  for  the  punish- 
ment of  such  offence,  of  which  he  stands  convicted. 

§4563.  Sec.  XLYIII.  On  the  trial  of  any  convict  in  the  pen- on  trials  for 
itentiary  for  the  crimes  of  escape  and  mutiny,  or  either  of  them,  mutfny. '^"' 
any  other  prisoner  or  convict,  not  included  in  the  same  indict- 
ment, shall  be  a  competent  witness,  and  the  infamy  of  his  char- 
acter and  of  the  crime  of  which  he  has  been  convicted,  shall  be 
exceptions  to  his  credit  only. 

(~^4564.  Sec.  XLIX.  When  any  person  stands  indicted  for  anEmpannej- 
otfence,  which,  upon  conviction,  may  subject  him  to  the  punish- "°^  ^"'^" 
ment  of  death  or  imprisonment  in  the  penitentiary,  it  shall  be 
the  duty  of  the  court  to  have  empannelled   forty-eight  jurors, 
from  which  to  select  a  jury  for  the  trial  of  such  offender,  and  to 
continue  to  furnish  such  paunels  until  a  jury  is  obtained. 


894  PT.  4.— TIT.  1.— Penal  Code. 


Division  14. — Of  Indictments,  Arraignmentn,  &c. 


Talesmen.        §  4565.  Sec.  L.  Said  pannel  shall  contain  the  petit  jurors  al- 
ready' pworn  and  in   attendance,  and  talesmen  summoned  by  or- 
der of  the  court,  indiscriminately  and  impartially  from  the  citi- 
*         xens  of  the  county. 
Putting  pan-     §4566,  Sec.  LI.  Thc  Clerk  shall  make  out  three  lists  of  each 
Bcr.°"  ^"^  pannel,  and  furnish  one  to  the  prosecuting  counsel,  and  one  to 
the  counsel  for  the  defence.     Tlie  Clerk  shall  then  call  over  the 
pannel,  and  it  shall  be  immediately  put  upon  the  accused. 
^  „  S  4567.  Sep.  LII.  The  accused  mav,  in  Avritine:,  ohallcno-e  the 

the  array,  ^yy^j  for  any  causc  going  to  show  that  it  was  not  ftiirly  or  prop- 
erly empannelled,  or  ought  not  to  be  put  upon  liim,  tlic  sufficien- 
cy of  which  challenge  the  court  sliall  determine  at  once.  If 
sustained,  a  new  pannel  shall  be  ordcrofl  :  if  not  su^^tainod.  the 
selection  of  jurors  shall  proceed. 
<ni.'iikn?. ^  §4568,  Sec.  LIII.  On  calling  each  juror,  he  shall  be  presen- 
ted to  the  accused  in  such  a  manner  that  he  can  distinctly  sec 
him,  and  it  shall  be  then  lawful  for  the  State,  or  the  accused,  to 
make  either  of  the  following  objections,  viz  : 

1.  That  he  is  not  a  free  white  citizen,    resident  in  the  county. 

2.  That  he  is  over  sixty,  or  under  twenty  years  of  age. 
o.  That  he  is  an  idiot,  or  lunatic,  or  intoxicated. 

4.  That  he  is  so  near  of  kindred  to  the  prosecutor,  or  the  ac- 
cused, or  the  deceased,  as  to  disqualify  him  by  law,  from  serving 
on  the  jury. 

It  shall  be  the  duty  of  the  court  to  hear  immediately  such  evi- 
dence as  may  be  submitted,  (the  juror  being  a  competent  wit- 
ness,) in  relation  to  the  truth  of  these  objections,  and,  if  he  shall 
be  satisfied  of  the  truth  of  either,  the  juror  shall  be  set  aside  for 
Time  whftn  causc,  if  either  one  of  these  objections  be.  true  in  fact ;  byt,  il' 

to  b?  insdv .      1/,.,  •!  '  1  ii^i 

the  fact  IS  unknown  to  either  party,  or  the  counsel  ot  such  part}-, 
at  the  time  the  juror  is  under  investigation,  and  is  subsequently 
discovered,  such  objection  may  be  made,  and  the  proof  heard  at 
any  time  before  tiie  prosecuting  counsel  submits  to  the  jury  any 
of  his  evidence  in  the  case ;  but  if  known  to  the  party  or  hk 
counsel,  the  objection  must  be  made  before  the  juror  is  sworn  in 
the  case. 
^    .  §  4569.  Sec,  LIV.  On  all  trials  for  crimes  or  oifences   on  the 

vairdirc.  criminal  sido  of  the  court,  where  the  punishment  is  death,  or 
imprisonment  and  labor  in  the  penitentiary',  any  juror  may  be 
put  upon  his  vair  dire,  and  the  following  questions  shall  be  pro- 
pounded to  him,  viz :  '*  Have  you,  from  having  seen  the  crime 


PT.  4.— TIT.  1.— Penal  Code.  S95 


Division  14. — Of  Indictments.  Arraipnments.  &C. 


<'ommitted,  or  having  heard  any  of  the  testimony  delivered  on 
oatli,  formed  and  expressed  any  opinion  in  regard  to  the  guilt  or 
innocence  of  the  prisoner  at  the  bar  T'  If  tlic  juror  shall  answer 
in  the  negative,  then  the  following  question  shall  be  propounded 
to  him  :  ''  Have  you  any  ]")rejudice  or  bias  resting  on  your  mind, 
either  for  or  against  the  prisoner  at  the  bar  V  And  if  the  juror 
shall  answer  these  questions  in  tbe  negative,  the  following  ques- 
tion shall  be  propounded  :  '*  Is  your  mind  perfectly  impartial  be- 
tween the  State  and  the  accused  V  And  if  lie  shall  answer  this 
question  in  the  affirmative,  he  sliall  be  adjudged  and  held  a  com- 
petent juror,  in  all  cases  where  the  offence  does  not  involve  the 
life  of  tlie  accused  ;  but  when  it  does  involve  the  life  of  the  ac- 
cused, the  following  additional  question  shall  be  puttoiiim: 
'•Are  you  conscientiously  opposed  to  capital  punishment '("  If 
he  shall  answer  this  question  in  the  negative,  he  shall  be  lield  a 
competent  juror;  Provided^  ncvcrth diss,  that  either  the  State ivonso. 
or  the  defendant  shall  have  the  right  to  introduce  evidence  be- 
fore the  Judge,  to  show  that  the  answers,  or  any  of  them,  of  the 
jurors  are  untrue  ;  and  it  shall  be  the  duty  of  the  Judge  to  de- 
termine upon  the  truth  of  such  answers  as  may  be  thus  questioned, 
before  the  court. 

§4570.  Sec.  LY.  If  a  juror  shall   ansAver  any  oi"  these  ques-seuinffasi,id 
tions,  so  as  to  render  him  incompetent,  or  lie  shall  be  so  found  by  *"''^''"''^' 
the  Judge,  he  shall  be  set  aside  for  caiise. 

§4571.  Sec.    LVI.  If  found  competent   and    not   challcngod  swM.in;  in 
peremptorily  by  the  State,  he  shall  ha  putuj^on  the  prisoner,  and '^''''''^' 
unless  challenged  peremptorily  by  him,  sliall  be  sworn  to  trv  the 
cause. 

§4572.  Sec.  J.A'II.  When  a  juror  has  been  found  competent  no  inveati- 
as  aforesaid,  no  other  or  farther  investigation  before  triers,  orfHcT<=°''^'^^'* 
•otherwise,  shall  be  had,  unless  upon  newly  discovered  evidence 
to  disprove  his  answer,  or  to  show  him  incompetent  as  aforesaid, 
which  may  be  heard  by  the  Judge  at  any  time  before  any  of  the 
evidence  on  the  main  issue  is  submitted;  and  if  the  juror  is' 
proved  incompetent,  the  Judge  may  order  him  withdraAvn  from 
the  jury  and  cause  another  selected  in  the  same  manner  as  is 
above  pointed  out. 

§4573.  Sec.  LYIll.  Any  person  sentenced  to  coutinement  and  Pony.  imp. 
labor  in  the  penitentiary,  is  and  shall  be  thereby  rendered  inca- catiinT"''"' 
pable  of  holding  or  exercising  any  public  or  private  office,  trust, 


896  PT.  4.— TIT.  1.— Penal  Code. 


Division  14. — Of  Indictments,  Arraignments,  <fec. 


power,  or  authority,  and  any  such  held  by  him  shall  become  and 
be  vacant,  by  virtue  of  such  sentence. 
Joint  defen-     §  4574.  Sec.  LIX.  Wlicu  two   or   more   defendants  shall  be 
tletoLd'^ep- jointly  indicted  for  any  oifence,  any  one  defendant  may  be  tried 
arateiy.       separately',  and  if  the  offence  be  such  as  requires  the  joint  action 
and  concurrence  of  two  or  more  persons,   the  acquittal  or  con- 
viction of  one,  shall  not  operate  as  an  acquittal  or  conviction  of 
any  of  the  others  not  tried,  but  they  shall  be  subject  to  be  tried 
in  tlic  same  manner. 
continuaace     §4575.  Skc.  LX.  Tlic  coutinuancc  of  a  case  by  one  of  several 
^'*°"'       defendants  indicted  jointly  shall  in  no  case  operate  as  a  continu- 
ance as  to  the  other  defendants  ohjcctinir  thereto. 
Opprobrious     §4570.  Sec.  LXI.  On  the  trial  of  any  indictment  for  an  as- 
be^nrnT  sault,  or  au  assault  and  battery,  the  defendant  may  give  in  evi- 
in  (icfoncc.  (]e,^ge  1,^,  i1j(.  jii,.y{^i,y  opprobrious  words,  or  abusive  languaf?e 
used  by  the  prosecutor,  or  })erson  assaulted  or  l)eaten  ;  and  such 
words  and  laiiiruage  may  or  may  not  amount  to  a  justification, 
according  to  the  nature  and  extent  »»f  the  battery,  all  <»f  which 
shall  be  determined  by  the  jury. 
oathofin-        §4577.  Skc.  LXII.  On  the  trial  of  the  (piestion  of  insanity, 
eani^ty"  '"    arising  after  the  person  shall  have  been  condemned  to  die,  pro- 
vided for  by  section  4502  of  this  division,  the  following  oath 
shall  be  administered  to  the  jury,   to  wit:    "Yon,  and   each  of 
you  do  solemnly  swear  (or  afhrm)  that  you   will  well  and   truly 
try  this  issue  of  insanity  between  tlie  State  and  A.  B.,  now  con- 
demned to  die,  and  a  true  verdict  give  according  to  evidence.  So 
help  you  God.*' 
In  capital         §4578.  Sec.  LXIII.  That  on  the  trial  of  all  cases  where  the 
tTa^y  cMt"!  pf^J'tj'  if  found  guilty,  would  be  subjected  to  confinement  in  the 
penitentiary,  or  any  greater  punishment,  it  shall  be  the  duty  of 
the  presiding  Judge,  to  have  the  testimony  given  in  said  case 
taken  down  ;  and  in  the  event  of  the  jury  returning  a  verdict  of 
guilty,  the  testimony  shall  be  entered  on  tlie  minutes  of  the  court 
or  a  book  to  be  kept  for  that  purpose. 

§4579.  LXIY.  In  sentencinjx  a  person  convicted  of  an  offence 

Form  of  sen-  ...  r>       1 

tence.  subjcctiug  him  to  penitentiary  imprisonment,  the  judge  shall 
frame  such  sentence  so  as  to  authorize  his  confinement  and  labor 
in  the  penitentiary  of  this  State,  or  at  such  other  place  or  places 
as  the  Governor  of  the  State  may  direct. 


PT.  4.— TIT.  1.— Penal  Code.  897 


Division  14. — Of  Indictments,  Arraignments,  <fec. 


§4580.  Sec,  LXY.  The  Superintendent  or  principal  keeper  of  commuta- 

1  •  •  1      11   1  II-  1   •    1       1      11   1  11       tion  for  good 

the  penitentiary  shall  keep  a  book,  in  wliieli  shall  be  entered  the  behavior, 
names  of  the  convicts  sentenced  for  a  term  of  two  or  more  years ; 
opposite  to  each  name  sliall  be  placed  by  the  book-keeper  a  mark 
of  approbation  or  disapjirobation,  according  to  the  conduct  of 
each ;  and  should  it  appear  from  this  book  that  the  conduct  of 
any  one  is  nnexceptionablc,  tlien  such  convict's  time  of  confine- 
ment (except  confinement  for  life)  shall  be  shortened  two  days  in 
each  and  every  month  for  the  time  tliey  shall  have  so  served. 

§4581.  Sec.  LXVI.  The  costs  of  any  prosecution  shall  not  be  collection  of 
demanded  of  any  defendant  (except  the  fees  of  his  own  ^vitnesses)*^* 
nntil  after  conviction  or  escape,  in  either  of  which  cases  judg- 
ment may  be  entered  up  for  all  costs  accruing  in  the  committing 
6r  Superior  Courts,  and  by  any  ofttcer  pending  the  prosecution, 
on  which  judgment  the  Clerk  shall  issue  execution  against  all  the 
property  of  the  defendant ;  and  such  judgment  shall  have  a  lien  Lienor  judo-. 
npon  such  property  from  the  date  of  the  arrest  of  the  defendant.  "'*^^"'- 
In  cases  of  conviction,  the  court  may  nevertheless  direct  the  de- 
fendant to  be  imprisoned  until  all  costs  are  })aid. 

§4582.  Sec.  LXY  II,  If  any  prisoner  in  tlic  common  jail,  after  Discharge  of 
the  time  of  his  imprisonment  expires,  or  otherwise,  is  detained  by*°/nferi^r 
merely  until  costs  are  paid,  and  the  Justices  of  the  Inferior  Court  *""^ ' 
are  satisfied  that  he  is  nuable  to  pay  the  costs,  said  Justices  (the 
whole  court  therein  concurring)  may  discharge  such  prisoner  from 
further  confinement. 

§4583.  Sec.  LXA  III.  Xo  person  shall  give  bail  more  than  twice  Bail  taken 
after  indictment  or  presentment  found  for  the  same  offence.  "°'^  *""'^" 

§  4584.  Sec.  LXIX.  Upon  the  failure  to  appear  of  any  princi-  Proceedings 
pal  in  any  bond,  or  recognizance  given  by  a  person  charged  with  cogSncet. 
a  penal  offence,  or  by  a  prosecutor  to  prosecute,  or  by  a  witness 
to  appear  and  testify,  the  prosecuting  attorney  shall  proceed  to 
forfeit  such  bond  or  recognizance  in  the  manner  heretofore  prac- 
ticed in  this  State. 

§4585.  Sec.  LXX.  The  Clerk  shall  issue  a  6'6'i^><^/(XC^W  on  all  judgment 
forfeited  bonds,  recognizances,  or  other  obligations,   against  ti;ie  "s^'^^' ''''*"• 
principal  and  his  sureties,  which  shall  be  served  by  the  Sheriff 
or  his  deputy,  or  by  publication,  as  provided  in  section  3345,  re- 
turnable to  the  next  term  of  such  court.     And  if,  at  such  term, 
no  sufficient  cause  be  shown  to  the  contrary,  judgment,  on  mo- 
tion, sliall  be  entered  against  such  principal  and  sureties,  or  such 
of  them  as  have  been  served, 
57 


898  .  PT.  4.— TIT.  1.— Penal  Code. 


Division  14. — Of  Indictments,  Arraignments,  &c. 


Surrender  of     §4586.  Sec.  LXXI.  Bail  can  surrender  their  principal  to  the 
Sheriff  in  vacation  as  well  as  in  open  court. 

imiefinite        §  46S7.  Sec.  LXXII.  In  all  cases  where  imprisonment  in  the 

5^n?°"     common  jail  of  the  count}',  by  the  sentence  of  the  court,  is  a  part 
or  the  wliole  ot  the  punishment,  and  the  offence  is  such  a  one  • 
where,  by  this  Code,  no  limit  is  fixed  for  tlie  discretion  of  the 

Discretion-  (-ourt.  sucli  imprisoumeut  shall  in  no  case  exceed  six  months, 

ary  lino.  '  '^  ... 

and  where  no  limit  is  placed  on  the  discretion  of  the  Judge  to 
line,  such  line  shall  not  exceed  live  hundred  dollars. 
Settlement        §4588.  Sec.  LXXIII.  All  offcnccs  agaiust  the  pcrsou  Or  pro- 
fella's?"'  "'^'perty  of  a  citizen,  not  punisliable  by  fine  or  imprisonment,  or  a 
more  severe  penalty,  may  be  settled  by  the  prosecutor  and  offen- 
der at  any  time  before  verdict,  the  costs  uj)  to  the  time  of   set- 
tlement being  first  paid. 
Of  all  others.     §4589.  Sec.  LXXIV.  All  other  offences  must  be  settled  by 
the  prosecutor,  witli  tlie  consent  ot'  tlie  court,  entered  by  order 
on  its  minutes,  and  not  otherwise. 
Kscessire         §4590.  Sec.  l^XXV.  AnJ' ofKccr  «)f  court  kuowingly  demand- 
mean™/  ^'  ing  as  costs  from  a  defendant,  fees  to  wliich  tliey  are  not  entitled, 
shall  be  guilty  of  a  misdemeanor,  and  punished   by  fine  or  im- 
prisonment, at  the  discretion  of  the  court. 
Tworctmns     §4591.  Sec.L.XXVI.  Two  rctunis  of ''uo  bill"   by  grand  ju- 
^'nobiii  aj.*gg^  ^,j-^  ^]jjj  sfinie  cliargc  or  accusation,  shall  be  a  bar  to  any  fu- 
ture prosecution  for  the  same  offence,  either  under  the  same  or 
another  name,  unless  such  returns  have  been  procured  by  the 
fraudulent  conduct  of  the  person  charged,   on  proof   of   which, 
or  of  newly  discovered  evidence,  the  Judge  may  allow  a  third 
bill  to  be  presented,  found  and  prosecuted. 
Insolvent         §  4592.  Sec.  LXXYII.  When  costs  are  not  recovered  from  the 
costs.  defendant,  the  same  shall  be  paid  to  the  respective  officers  out  of 

money  received  for  fines,  upon  orders  regularly  presented  and 
allowed  and  entered  on  the  minutes  of  the  court.  Such  orders, 
(except  those  of  the  prosecuting  attorneys.)  shall  be  paid  in  the 
distribution,  order  of  their  date,  and  all  monies  arising  from  fines  shall  be  dis- 
tributed under  an  order  of  the  court,  to  be  entered  on  the  min- 
utes at  each  term.  Upon  application  of  the  Ordinary,  tlie  grand 
Power  of     -jm-y  mav,  at  anv  term,  reciuire  an  exhibit  from  the  Solicitor 

i;rana  ,iury.   J       ./  <'  •'  •  '         -^ 

General  and  Clerk,  showing  the  disposition  of  all  money  arising 

from  fines,  and  the  present  state  of  their  accounts.     The  cases 

*       on  the  criminal  docket  shall  be  called  in  the  order  in  which  they 

stand  on  the  docket,  unless  the  defendant  be  in  jail,  and  the 


PT.  4.— TIT.  1.— Penal  Code.  899 

Division  14. — Of  Indictments,  Arramfmments,  &c. 

State  shall  be  required  in  every  case  to  announce  ready  or  not 
ready  for  trial,  l)efore  the  defendant  shall  be  called  on  to  make 
t^iich  announcement ;  and  in  all  cases  in  which  the  defendant 
cannot  according  to  law  demand  a  trial,  a  continuance  shall  not 
be  granted  to  the  State,  except  upon  a  reasonable  showing  there- 
for. 


to 


FIFTEENTH  DIYISI0:N^. 

OF  CONTEMPTS  OF  COURT,  AND  ATTEMPTS  TO  COMMIT  CRIMES. 

Sectiox.  t  jSECTior. 

4593.  Contempts  of  court.  I  4594.  Penalty  for  attempts. 

§4593.  Sec.  I.  The  power  of  the  several  courts  of  law  and  Power  of 
equity  in  this  State,  to  issue  attachments  and  inflict  summary  p'misWns 
punishments  for  contempts  of  court,  shall  not  extend  to  any'""'^™''  " 
cases  except  the  misbehavior  of  any  person  or  persons  in  the 
presence  of  the  said  courts,  or  so  near  thereto  as  to  obstruct  the 
administration  of  justice;  the  misbehavior  of  any  of  the  officers 
of  said  courts  in  their  official  transactions,  and  the  disobedience 
or  resistance  by  any  officer  of  said  courts,  party,  juror,  witness, 
or  other  person  or  persons  to  any  lawful  writ,  process,  order, 
rule,  decree,  or  command  of  the  said  courts. 

§4594.  Sec.  II.  If  any  person  shall  attempt  to  commit  an  of- Attempts 
fence  prohibited  by  law,  and  in  such  attempt  shall  do  any  act  cr^Ts'^ow 
towards  the  commission  of  such  offence,  but  shall  fail  in  the  per- ''""'*'""^' 
petration  thereof,  or  shall  be  prevented  or  intercepted  from  exe- 
cuting the  same,  sucli  person  so  offending  shall  be  indicted  for  a 
misdemeanor,  and,  on  conviction  thereof,  shall,  in  cases  where 
no  provision  is  otherwise  made  in  this  Code,  or  by  law,  for  the 
punishment  of  such  attempt,  be  punished  as  follows  : 

First— It'  the  offence  attempted  to  be  c(mimitted  be  such  as  if  the  inten 
is  punishable  by  law  with  death,  the  person  convicted  of   such  wouifhTve 
attempt  shall  be  punished  by  imprisonment  and  labor  in  tJie  ^""^  •'*^'"''' 
penitentiary  for  any  time  not  less  than  two  years,  nor  more  than 
seven  years. 

Second—If  the  offence  attempted  to  be  conmiitted  be  punish-  if  penitenti- 
able  by  law  by  imprisonment  and  labor  in  the  penitentiary  for ''"'^  ■* ^'■''" 
a  time  not  less  than  four  years,  the  person  convicted  of  such  at- 
tempt shall  be  punished  by  imprisonment  and  labor  in  the  peni- 
tentiary for  any  time  not  less  than  one  year,  nor  more  than  four 
years. 


900  PT.  4.— TIT.  1.— Penal  Code. 


Division  15. — Of  Contempts  of  Court  and  Attempts  to  Commit  Crimes. 

If  penit'enti-      Thlvcl — If  the  offence  attempted  to  be  committed  be  such  as- 
ary- years.  .^  p^^^ishable  bj  law  bv  imprisonment  and  labor  in  the  peniten- 
tiary for  a  time  not  less  tlian  two  years,  the  person  convicted  ot" 
sucli  attempt  shall  be  imprisoned  in  the  pejiitentiary  at  labor  for 
the  term  of  one  year. 
If  pcnitenti-     Fouvth — If  the  offcnce  attempted  to  be  committed  be  pnnish- 
ary   year.    ^^^^^   ^^^^   ^^^^^  ^^^^  imprisonmciit  and  labor  in    the   i^enitentiarv 

for  a  time  not  exceeding  one  year,  the  person  convicted  of  suclv 
attempt  shall  l)e  ]">nnished  by  fine  not  exceeding  five  hnndred 
dollars,  or  imprisonment  in  the  cominon  jail,  or  both,  at  the  dis- 
cretion of  the  conrt. 
If  fine  $500     ^^'fif' — If  the  offence  attempted  to  be  connnitted  be  pnnish- 
inenTfn'jaii'aWe  by  law  by  fine  not  exceeding  five  hundred  dollars,  or  ini- 
««•  oth.       prisunment  in  the  common  jail,  or  both,  the  person  convicted  of 
such  attempt  shall  be  punished  by  fine,  or  imprisonment  in  tlic 
conujion  jail,  at  the  discretion  of  the  court. 


SIXTEENTH  DIVISION. 

PROCEEDINGS  IN  rRKLIMINARY  COURTS. 

AirricLE  1.  Proceeding  prior  to  arrest. 

Article  2.  Of  arrest  and  its  consequences. 

Article  3.  Of  courts  of  inquiry,  commitment  and  bail. 

Article  4.  Of  warrants  for  good  behavior  and  to  keep  the  peace. 

Article.  5.  Of  search  warrants. 

Article  G.  Of  proceedings  in  cases  of  bastardy. 


^        ARTICLE  I. 

PROCEEDINGS  PRIOR  TO  ARREST. 

Sectiox.  Sectiok. 

4595.  Wlio  may  issue  warrants.  4599.  Of  selection  of  Judge  to  try  cause 

4596.  Form  of  affidavit.  !  4600.  Officer  may  require  bor.d. 
459T.  Form  of  warrant.  4601.  Backing  warrant. 
459S.  Special  warrant. 

whomiiyis-  §4595.  Sec.  I.  Any  Judge  of  a  Superior  or  City  Court,  any 
'  Justice  of  the  Inferior  Court  or  of  the  Peace,  or  any  corporation 
officer  clothed  by  law  \\-\t\\  the  powers  of  a  Justice  of  the  Peace, 
may  issue  his  warrant  for  the  arrest  of  any  offender  against  the 


sue  warmnts 


PT.  4.— TIT.  1.— DIY.  16.— Penal  Code.  001 

Article  1. — Proceedings  prior  to  Arrest. 

penal  laws  of  this  State,  based  either  on  his  own  knowledge,  or 
tjig  information  of  others  given  to  him  under  oath. 
I     §4506.  Sec.  II.  An  athdavit  substantially  complying  with  the  davu. 
following  form  shal,Jjin  all  cases  be  deemed  sufficient : 

"Georgia,  ( 

County.  ( 
Personally  appeared  A.  B.  who,  on  oath,  saith  that  to  the  best 
•f  his  knowledge  and  belief  C.  D.,  (either  "of  said  county,"  or 
•now  within  said  county,")  is  guilty  of  tlie  offence  of  and 

riiis  deponent  makes  this  affidavit  that  a  warrant  may  issue  for 
his  arrest.  _  A.  B.  , 

"Sworn  to  and  subscribed  before  mo  this         day  of  IS    . 

^_^he  affidavit  shall  be  attached  to  the  warrant. 

§4507.  Sec.  III.  The  following  form  may  be  used  for  a  war- Form  of  war- 
rant, and  a  substantial  compliance  therewith  shall  be  sufficient :  ™°  ' 

■^'Cteoegia,  / 

County.  \ 

■■To  any  Slieritf,  or  his  deputy,  Coroner,  Constable,  or  Mar- 
shal of  said  State — Greeting  : 

"For  sufficient  cause  made  known  to  me,  you  are  hereby  com- 
manded to  arrest  tlie  body  of  C.  D.,  charged  by  A.  B.  with  the 
offence  of  against  the  laws  of  this  State,  and  to  bring  him 

before  me  or  some  other  judicial  officer  of  this  State,  to  be  dealt 
with  as  the  laM'  directs.  You  will  also  levy  on  a  sufficiency  of 
the  property  of  the  said  C.  D.  to  pay  the  costs  in  the  event  of 
his  final  conviction.     Herein  fail  not.  J.  P." 

§  450S.  Sec.  I  Y.  Xo  judicial  officer,  except  a  Judge  of  the  special  war- 
Superior  Court,  shall  issue  a  special  warrant  returnable  only  be-'""*" 
ibre  himself ;  nor  shall  any  Judge  issue  such  warrant  out  of  his 
own  judicial  circuit ;  nor  shall  any  such  Av^rrant  authorize  a  citi- 
zen to  be  carried  out  of  his  own  county  for  the  investigation  be- 
fore the  committing  court.  In  such  cases  the  warrant,  though 
special,  shall  be  treated  as  a  general  warrant. 

§4500.  Sec.  Y.  The  arresting  officer  shall  carry  the  prisoner  or  seiectiou 
before  the  most  convenient  and  accessible  judicial  officer  author- tr/th!f*  ^^ 
ized  to  hear  the  cause,  unless  the  prisoner  shall  desire  otherwise, '"'""'' 
in  which  case,  if  there  be  no  suspicion  of  improper  motive,  the 
arresting  officer  shall  carry  him  before  some  other  judicial  officer. 
1  Jut  in  no  case  has  a  prisoner  the  right  to  select  the  Justice  be- 
fore whom  he  shall  be  tried. 


902 


FT.  4.— TIT.  1.— DIY.  16.— Penal  Code. 


Article  1. — Proceedings  prior  to  Arrest. 


Officer  may      8  4600.  Sec.  YI.  The  officer  issuing  a  warrant  upon  any  suffi- 

reqnirebond     .  i        x-  •    •  •  i  JT  .. 

to  prosecute,  cient  grouncis  01  suspicion,  may  require  the  applicant  first  to  file 
a  bond  with  sufiicient  sureties  to  prosecute  the  suit,  in  the  event 
of  a  committal. 

§  4601.  Sec.  VII.  A  warrant  may  l)e  issued  in  any  county 
where  tlie  defendant  i.s,  though  the  crime  was  committed  in 
another ;  and  a  warrant  once  issued  may  be  executed  in  any 
county,  being  first  backed  by  a  judicial  officer  of  such  county, 
substantially  as  follows : 

C  I'lntv    '  "^^^  '^"-^  lawful  officer  to  execute  and  return. 

J.  P.  [seal.] 


Backing 
■warrants  in 
another 
county. 


Arrest  and 
posse. 


ARTICLE  II. 

OF  ARRESTS  AND  ITS  CONSKQUEXCES. 


Section. 

4602.  Arrest — posse  to  assist. 

4603.  Arrest — witlioiit  warrant. 

4604.  Arrest — by  private  person. 

4605.  Duty  of  person  arresting. 

4606.  Of  officer  arrestinir. 


Section. 

4607.  Following  offender. 

4608.  Bench  warrant. 

4600.  What  constitutes  an  arrest. 
4610.  Breaking  oi)en  door.s. 


Arrest  \rith- 
•nt  ■warrant. 


By  private 
person. 


Bnty  of 
person  ar- 

rt-stin-. 


§4602.  Sec.  I.  Every  ofiicer  is  Ijound  to  execute  the  penal 
warrants  placed  in  his  hands,  and  to  that  end  he  may  summon 
to  his  assistance,  either  iii  writing  or  verbally,  any  of  the  citizens 
of  the  neighborhood  or  county.  As  the  posse  of  such  ofiicer, 
their  acts  shall  be  subject  to  the  same  protection  and  consequence.- 
as  official  acts. 

§  4603.  Sec.  II.  An  arrest  may  be  made  for  a  crime  by  an 
ofiicer,  either  under  a  M'arrant  or  without  a  warrant,  if  the  oftence 
is  committed  in  his  ^esence,  or  the  offender  is  endeavoring  to 
escape,  or  for  other  cause  there  is  likely  to  l)e  a  failure  of  justice 
for  want  of  an  officer  to  issue  a  warrant. 

§  4604.  Sec.  III.  A  private  person  may  arrest  an  offender,  if 
the  offence  is  committed  in  his  presence  or  within  his  immediate 
knowledge ;  and  if  the  offence  is  a  felony,  and  the  offender  is  es- 
caping or  attempting  to  escape,  a  private  person  may  arrest  him 
upon  reasonable  and  probable  grounds  of  suspicion. 

§4605.  Sec.  IY.  In  every  case  of  an  arrest  without  warrant, 
the  person  arresting  shall  without  delay  convey  the  offender  be- 
fore the  most  convenient  officer  authorized  to  receive  an  affidavit 


I 


PT.  4.— TIT.  1.— DIV.  16.— Penai.  Code.  903 


Article  2. — Of  Arrest  and  its  Consequences. 


and  issue  a  warrant.     And  no  such  imprisonment  shall  be  legal 
beyond  a  reasonable  time  allowed  lor  this  purpose. 

§4606.  Sec.  Y.  Every  officer  arresting  under  a  warrant  shall  of  officer  ar- 

^  ,       ,  ,       resting. 

exercise  reasonable  diligence  in  bringing  the  person  arrested  be- 
fore the  person  authorized  to  examine,  commit  or  receive  bail. 

§  4607.  Sec.  VI.  If  the  accused  is  in  the  act  of  escape,  any  Following 
officer  having  the  warrant  may  pursue  and  arrest  him  beyond  the 
limits  of  the  county  of  which  he  is  an  officer ;  and  in  such  case 
the  accused  shall  l)e  carried  back  to  the  county  whence  he  es- 
caped for  examination  and  commitment.  In  all  other  cases  the 
examination  shall  be  had  in  the  county  of  the  arrest,  unless  by 
consent  of  the  accused  he  is  carried  to  the  county  whence  the 
warrant  issued. 

§4608.  Sec.  VII.  A  bench  warrant  is  one  issued  by  a  Judge  Bench  w-ir- 
of  the  Superior  Court  for  the  arrest  of  one  accused  of  a  crime""** 
by  a  grand  jury.  Every  officer  is  bound  to  execute  it  within  his 
bailiwick,  and  every  person  so  arrested  must  be  committed  to 
jail  until  bail  is  tendered,  in  which  case  any  judicial  officer,  or 
the  Sheritl'  of  the  county  where  the  accusation  was  found,  may 
receive  the  bail,  and  to  this  end  may  fix  the  amount  of  the  bond 
and  approve  the  sureties. 

§4609.  Sec.  VIII.  An  actual  tonchinc:  tvith  the  hand  is  notwi.atcon- 

*-  ^  Btitutcs  an 

essential  to  constitute  a  valid  arrest.     If  the  defendant  voivmta- arrest, 
rily  submits  to  be  considered  under  arrest,  or  yields  on  condition 
of  being  allowed  his  freedom  of  locomotion  under  the  discretion 
of  the  officer,  the  arrest  is  complete. 

§4610.  Sec.  IX.  In  order  to  arrest  under  a  warrant  charging  j,j.^^^.j^g 
a  crime,  the  officer  may  break  open  the  door  of  any  house  where  "i''''^  ^*'^""* 
the  offender  is  concealed. 


ARTICLE  III. 

OF  COURTS  OF  INQUIRY. 

Section. 
4619.  Commitment. 


Sectiox. 

4611.  Wlio  may  hold. 

4612.  Other  associate^;.  4620.  Bail. 


4611!.  Time  granted  partie.s. 

4614.  p]videuce. 

4615.  Abstract  of  evideuce. 

4616.  Witnesses  may  be  recoti'iiized. 

4617.  Binding  over  witnesses. 

4618.  Rule  of  decision. 


4621.  AYaiving  trial. 

4622.  May  be  committed  fur  difl'.  od'cnces. 
462r.  Disposition  of  papers 

4624.  Bail  surreuderin<;'  principal. 

4625.  Bail  allowed — how  often. 

4G2G.  Inforniiditv  no  ^-ronnd  of  discharge. 


904  PT.  4.— TIT.  1.— DIV.  16.— Penal  Code. 

Article  3. — Of  Courts  of  Inquiry. 

Who  may  §4611.  Sbc.  I.  Any  Judge  of  the  Superior  or  Inferior  Court, 
or  Justice  of  the  Peace,  or  city  or  town  officer  who  may  be  ex 
officio  Justice  of  the  Peace,  may  liokl  a  court  of  inquiry  to  ex- 
amine into  any  accusation  apjainst  any  person  legally  arrested 
and  brouglit  before  him.  The  time  and  ]»lace  of  such  inquiry 
shall  be  determined  by  liim. 

otherasso-       8  4612.  .Skc.  II.  The  officer  before  wliom  the  accused  is  broutrht 

ciatee.  o  ..... 

may  associate  with  him  in  the  investigation  one  or  more  Justices, 
in  whicli  event  a  majority  shall  decide  all  questions.     If  there 
are  only  two  presiding,  the  original  Justice  shall  determine  all 
jjuestions  wlxire  tlie  court  is  not  agreed. 
Tiujc  pantt     §4613.  Sec.  III.  A  reasonable  time  shall  be  given  to  the  de- 
dant '"      fendant  or  ])rosecut(»r  for  the  ]>rop:iration  ot'  his  case,   and  in  no 
\fr^  event  shall  the  defendant  be  forced  to  trial  without  tlie  aid  of 

'  /counsel,  if  there  be  a  reasonable  probability  of  his  securing  coun- 

jsel  without  t<»o  great  delay. 
Evidoncc       ^4614.  lSi:r.  IV.  The  court  sli:ill  licar  all  legal  evidence  sub- 
mitted by  either  party,  and  shall  always  permit  the  defendant  to 
,,  ,    ,   ..    make  his  own  statement  of  the  transaction  (not  under  oath")  if 
etatciiirnt    ]^q  dcsircs  to  do  so.     The  weight  to  be  given  to  such  statement 
shall  be  entirely  in   the  discretion   and  sound  judgment  of  tlic 
court.     Whenever  such  statement  is  made,  it  shall  be  the  duty 
of  the  court  to  reduce  it  to  writing,  and  return  it  with  the  other 
pa})ers  to  the  ISuperior  Court,  in  the  event  of  a  commitment. 
Mfiii.oi  ovi-     §4615.  !Sk«  .  \.  If  the  charge  be  ot  u  felony,  tlie  court  shall 
cause  an  abstract  t>f  all  the  evidence  to  be  made  and  returned  as 
above. 
r.indinj:  §4616.  SiX'.  VI.  In  the  cvcut  of  a  commitment,  the  court  in 

nessor"      its  discretion   may   reipiire  the   witnesses  in  behalf  (»f  the  State 
or  others  to  give  suitable  bonds  for  their  appearance  at  court, 
with  or  without  sureties,  as  the  circumstances  seem  to  demand. 
Auondance       §4617.  Skc.  YII.  A  court  of  iuquirv  shall  have  power  to  com- 
or witnesses,  pgj  ^1^^  attendance  of  all  witnesses  resident  within  the  county, 
alter  notice  of  twenty-four  hours,   and  to  this  end  may  order 
their  arrest. 
Kuieofikci-     §4618.  Se(  .  A'lII.  The  duty  of  the  court  of  inquiry  is  simply 
to  determine  whether  there  is  sufficient  reason  to  suspect  the 
guilt  of  the  accused,  to  recpiire  him  to  appear  and  answer  before 
the  Superior  Court.     And  whenever  such  probable  cause  exists, 
it  is  the  dutv  of  the  court  to  commit. 


PT.  4.— TIT.  1.— DIV.  !«.— Penal  Code.  905 


Article  3. — Of  Courts  of  Inquiry. 


§  4619.  Sec.  IX.  The  following  form,  or  one  in  substance  the  commit- 
?amo^  sliall  be  deemed  a  sufficient  commitment : 

County,  f 
A.  Ij.  haviiirr  been  arrested  on  a  warrant  for  tlie  oifence  of 
and  ])roug]it  l)cfore  me,  after  hearing  evidence,  it  is  or- 
<lcred  that  lie  l)e  committed  for  trial  for  the  oifence  of 
And  the  jailor  of  said  county  (or  any  other  county,  if  necessary,) 
is  required  to  receive  and  safely  keep  him  until  discharged  by  due 
process  of  law.     Witness,  my  hand  and  seal,  this  day  of 

^       1^     •        ^       ^  J.  r.  [seal.] 

§  4620.  Sec.  X.  If  bail  is  tendere<l  and  accepted,  no  regular  i^-'"- 
-commitment  need  be  entered,  but  a  simple  memorandum  of  the 
fact  of  bail  being  taken.  A  reasonable  opportunity  shall  be  al- 
^  lowed  every  person  accused  to  give  bail,  and  even  after  commit- 
ment and  imprisonment,  the  commiting  court  may  order  the 
prisoner  lirought  before  him  or  them,  to  receive  bail,\inlesssuch 
prisoner  be  a  slave  or  free  person  of  color,  in  wliich  case  see  Penal 
Code  for  Slaves. 

§  4621.  Sec.   XI.  If  the  party  waives  a  hearing  and  tenders  waiving 
bail,  a  memorandum  of  these  facts  shall  be  entered  on  the  war- *'"""■ 
rant ;  and  this  may  be  done  by  the  party  charged  before  arrest, 
and  M-hen  done,  shall  operate  as  a  supersedeas. 

§4622.  Sec.  XII.  A  court  of  inquiry  may  commit  for  a  differ- committin-. 
<3nt  offence  than  that  stated  in  the  warrant,  if  the  evidence  re- offonc?'"'''' 
<|uires  it. 

§4623.  Sec.  XIII.  The  commitment  shall  l)c  delivered  to  the  Disposition 
officer  hi  whose  charge  the  prisoner  is  placed,  to  be  delivered  with "' ''''"" 
the  prisoner  to  the  jailor,  and  a  memorandum  of  the  fact  en- 
tered on  the  warrant.     The  warrant  and  all  the  other  papers 
shall  be  forwarded  to  the  Clerk  of  the  Superior  Court,  to  be  de- 
ilivered  to  the  Solicitor  or  Attorney  General. 

§4624.  Sec.  XIY.  Bail  may  surrender  tlieir  principal  in  va- r.aii  su.ren- 
•cation  to  the  Sheriff,  or  in  open  court,  in  discharge  of  them-dS"  p""- 
selves  from  liability  and  such  privilege,  shall  continue  to  the  day 
•of  the  term,  without  liability  for  costs  for  a  forfeiture  of  the 
bond.  After  forfeiture,  and  before  final  judgment,  the  bail  may, 
at  any  time,  surrender  their  principal,  upon  payment  of  all  costs 
4iccrumg  up  to  that  time.  Tlie  death  of  the  principal  at  any 
time  before  final  judgment,  shall  be  equivalent  to  a  surrender.  ' 


906 


PT.  4.— TIT.  I.—DIY.  16.— Penal  Code. 


Article  3. — Of  Courts  of  Inquiry. 


Bail  but 
•ucc. 


§4625.  Sec.  XY.  No  person  shall  give  bail  but  once  before  indict- 
ment found,  nor  more  than  twice  afterwards,  before  trial.  Capital 
oifences  are  bailable  only  before  a  Judge  of  the  Superior  or  three 
Justices  of  the  Inferior  Court,  and  is,  in  every,  case,  a  matter  of 
sound  discretion.  All  other  cases  are  bailable  by  the  commit- 
ting court.  Excessive  bail  shall  never  be  demanded. 
Informality       g  4026.  Sec.  XVI.  Ko  prisoucr  shall  be  discharged  on  writ  <.>i" 

no  gronnd  of  ,     ,  ,  j>   •     i-  t         •  i 

discharge.  haOeas  covpus,  bccausc  01  inlormality  m  the  commitment,  or  oi 
the  proceedings  ])rior  thereto,  provided  the  foregoing  provision?- 
of  this  division  have  been  substantially  complied  with. 


Bond  for 
pood  bebn- 
vl«r. 


Suit  for 

Wreaeb. 


Bxteaded 
iVvm  term 
to  term. 


Bond  to 
keep  ilie 
p«ace. 


ARTICLE  IV. 

OF  WARRANTS  FOR  GOOD  DKilAVIOR.  AND  TO   KKKP  THK  I'K.VCl-:. 


Section'. 
•}G27.  Bond  lor  iiood  l)eli:ivior. 
1G28.  Suit  for  broadi. 
IG29.  F-.\tondcd  froui  term  to  term. 
■IGi'O.  Bond  to  kec]>  the  ]^eaoe. 


Section'. 
•IGlil.  Brench  of  the  l.ond. 
IG:'."J.  Wlicu  rcvoiied. 
■iiiX',.  Extending  the  bond. 
IG.'M.  Wife  may  retpiire  it. 


§4627.  Siic.  I.  Any  of  the  judicial  olhcers  before  named  may, 
upon  the  information  of  others  under  oath,  or  on  his  motion,  is- 
sue his  warrant  against  any  person  in  the  county,  whose  conduct 
is  such  as  to  justity  the  belief  that  the  safety  of  any  one  or  more 
of  the  citizens  of  the  county,  or  the  peace  or  the  property  of  the 
same  is  in  danger  of  being  injured  or  disturbed  thereby ;  and  upon 
the  return  of  such  warrant,  the  court,  in  its  discretion,  may  re- 
quire from  such  person  a  bond  with  suretie.-  for  his  good  behavior, 
until  the  next  term  of  the  Superior  Court  of  the  county. 

§4628.  Sec.  II.  For  a  violation  of  such  bond,  suit  may  be 
brought  at  the  instance  of  any  citizen  of  the  county,  and  one- 
half  the  recovery  shall  be  paid  to  the  informer,  and  the  other 
half  be  added  to  the  Educational  Fimd  of  the  county. 

§  4629.  Sec.  III.  Such  bond  for  good  behavior  may  be  exten- 
ted  from  term  to  term,  by  the  Superior  Court  in  its  discretion  ; 
the  sureties,  like  other  bail,  haying  the  privilege  of  surrending 
their  principal.  If  not  extended,  it  expires  with  the  session  of 
such  court. 

§  4630.  Sec.  IV.  Upon  the  information  of  any  person  under 
oath,  that  he  is  in  iear  of  bodily  hai-m  to  himself  or  his  family, 
from  another,  or  of  violent  injury  to  his  property,  any  of  the  ju- 
dicial officers,  before  named,  may  issue  liis  warrant  against  such 


PT.  4.— TIT.  1.— DIY.  16.— Penal  Code.  907 


Article  4. — Of  TVarrants  for  Good  Behavior. 


other  person,  requiring  his  arrest ;  and  if,  upon  the  return  there- 
of, the  court  is  satisfied,  upon  hearing  tlie  evidence  of  both  par- 
ties, that  probable  cause  for  sucli  fear  exists,  he  may  require  the 
accused  to  give  bond,  with  good  security,  to  keep  the  peace,  as 
against  the  person,  family  and  property  of  the  afiiant ;  and,  on 
failure  to  give  the  bond,  shall  commit  him  to  jail. 

§4631.  Sec.  Y.  Actual  violence,  or  a  menace  of  violence,  or  Breach  of 
any  other  act  intended  and  calculated  to  excite  alarm,  or  to  pro- "'*  ^"'°'" 
voke  a  breach  of  the  peace,  shall  be  a  violation  of  such  bond  ; 
and  for  every  such  act,  the  party  at  whose  instance  it  shall  be  re- 
quired, shall  have  a  right  of  action. 

§  4G32.  Sec.  YI.  If  the  party  requiring  the  bond,  by  his  own  Avhen pro- 
conduct  provokes  a  violation  by  the  other,  no  recovery  shall  be'"''"'" 
had. 

§4633.  Sec.  YII.  The  Superior  Court  may,  at  any  time,  dis- Extendinj 
charge  the  bond,  unless  there  be  a  motion  to  extend  it,  accom-  ^^'  '''*''*^- 
panied  by  evidence  to  satisfy  the  court  of  the  necessity  of  such 
extension. 

§4634.  Sec.  YIII.  A  wife  may   require  a  bond  to  keep  the  wife  may 
peace,  or  for  good  behavior  against  her  husband.  "  require  it. 


ARTICLE  Y. 

OF  SEARCH  WARRANTS. 

Section.  j  Section. 

4635.  When  issued.  4638.  Forcible  taking  of  goods. 

4636.  How  execnted.  |  4639.  Binding  over  offender. 

4637.  Goods  if  found.  I 

§4635.  Sec.  I.  A  warrant  to  search  the  person  or  property  of  whenissaed 
another,  must  issue  only  upon  probable  cause  supported  by  oath, 
and  particularly  describing  the  place  to  be  searched,  and  the  per- 
son or  thing  to  be  seized. 

§4636.  Sec.   II.  The  officer  executing  such  a  warrant,  may  iiowexecu- 
break  the  door  of  the  house  or  room  specified  in  the  warrant.  ^"^' 
The  warrant  is  his  justification.     If  it  was  taken  without  prob- 
able cause,  the  breaking  and  search  is  a  trespass  on  the  part  of 
the  applicant  therefor. 

§4637.  Sec.  III.  If  the  goods  are  found,  the  officer  shall  seize  Goods  if 
and  bring  them  before  the  court,  who  may  hear  evidence  as  to ' 
ownership  and  possession,  and  grant  possession  to  tlie  owner  from 
whom  .the  same  have  been  feloniously  taken. 


found. 


908  FT.  4.— TIT.  1.— DIY.  16.— Penal  Code. 

Article  5. — Of  Search  Warrants. 

Forcibictak-     §4638.   Sec.  IV.  The  forcible  takinor  of  goods,  if  not  done 

ing  of  goods.  ,         .      .       ,   .  .  -i     i  i  /. 

With  criminal  intent,  is  not  probable  cause  lor  a  search  warrant. 
Bindins  8  4639.  Sec.  Y.  Upon  the  hearin«r,  the  conrt  may  require  the 

over  ollen-  "  .  ^       .  "  ,  ,  ^ 

<ier.  person,  m  Avhose  possession  the  goods  are  tound,  to  give  bond  for 

his  appearance,  to  answer  either  charge  for  larceny,  or  receiving 
stolen  2;oods,  as  the  facts  inav  be. 


ARTICLE  VI. 

OF  PROCKKDINGS  IN  CASES  OF  BASTARDY. 

Section.  '  Section. 

•J  6 10.  Proceedings  aj,'ainst  parents.  4642.  Suit  on  bond. 

•IGJl.  Commitment  of  mother.  ;  461.'i.  Deposit  of  bond. 

Trocoedings  §  '^^'i*^-  Skc.  I.  Any  Justicc  of  tlic  Pcace,  in  any  county  within 
nfothcr.^^*^  this  State,  who  of  his  own  knowledge,  or  on  information  to  him 
on  oath,  made  of  any  free  white  woman  having  a  Ijastard  child, 
or  being  pregnant  with  one,  which  it  is  proliable  will  become 
chargeable  to  the  county,  he  may  thereuj^on  cause  a  warrant, 
under  his  hand  and  seal,  directed  to  the  Sherilf  or  any  Constable 
of  said  county  where  the  case  may  arise,  and  oblige  the  oftender 
to  be  brought  before  him  to  give  security  to  the  Inferior  Court 
of  the  county  in  the  sum  of  seven  hundred  and  tifty  dollars,  for 
the  support  and  education  of  such  child  or  children  till  the  age 
Against  the  ^^'  fourtccu  ycai's,  or  to  discover  on  oath  the  fiither  of  such  bas- 
mher,  p^^.^  child  ;  which  being  done,  the  said  Justice  shall  issue  his 
warrant,  in  like  manner,  to  bring  before  him  the  person  sworn 
to  be  the  father  of  such  child  or  children  so  born,  or  to  be  born, 
who,  on  refusing  to  give  security  for  the  maintenance  and  edu- 
cation of  such  child  or  children  until  they  arrive  at  the  age  of  four- 
teen years,  and  also  the  expense  of  lying-in  with  such  child  or 
■childi'en,  boardhig.  nursing,  and  maintenance  while  the  mother 
of  such  child  is  contined  by  reason  thereof;  that  then  it  may 
and  shall  be  lawful  for  the  said  Justice  to  bind  over  such  delin- 
quent in  a  sufficient  recognizance  to  be  and  appear  before  the 
next  Superior  Court  which  may  be  held  in  said  county ;  and  it 
shall  be  the  duty  of  the  Attorney  or  Solicitor  General  to  prefer 
a  bill  of  indictment,  to  be  laid  before  the  grand  jury,  to  answer 
to  such  complaint  as  may  be  then  and  there  alleged  against  him 
touching  the  premises. 


PT.  4.-TIT.  I.-Penal  Code. 


909 


Article  6.— Of  Proceedings  in  cases  of  Bastardj'. 


^4641.  Sec.il  In  case  the  woman,  who  shall  have  been  de-womento 
livered  or  is  likely  to  be  delivered,  when  In^ught  before  a  Jus.-txZ'^Ttn 
tice,  refuses  to  discover  on  oath  the  fiither  of  such  child  or  chil-wthTilil^ 
dren  so  born,  or  to  be  born,  or  give  such  security  to  appear  be-"' 
iore  the  next  Superior  Court  to  be  held  in  and  for  the  said 
county,  and  to  give  such  security  as  may  be  then  and  tliere  re- 
quired of  her  by  the  said  court,   for  the  maintenance  and  educa- 
tion, as  aforesaid,   of  the  said  child  ur  children  ;  that  then  it 
shall  be  lawful  for  the  Justice  to  commit  her,  in  manner  and 
torm  aforesaid,  as  pointed  out  hy  this  act;  and  in  case  of  her  re- 
tusing  to  make  known  to  the  said  court  the  father  of  such  child, 
or  give  security  as  aforesaid,  that  then  it  may  and  shall  be  law- 
ful for  the  said  court  to  imprison  her  not  exceeding  three  months  • 
Provided,  nevertheless,  that  nothing  herein  contained  shall  be  so  But  they 
cmistrued  as  to  bar  either  party,  when  charged  as  aforesaid,  from  ru^^afo:;*^'- 
ofienng  exculpatory  testimony  to  the  magistrate  in  the  first  in/"''"^"^^- 
stance  of  the  charge  exhibited,  who  may  exercise  his  discretion- 
ary power,  after  due  inquiry  being  had,  either  to  discharo-e  or 
recognize  both  or  either  of  the  parties  charged  as  aforesaid    in 
conformity  to  the  intent  and  meaning  of  this  act,  anything  to 
the  contrary  notwithstanding. 

^    §4G42.  Sec.  III.  It  shall  be  the  duty  of  the  Inferior  Courts  no„.is  fo. 
in  the  several  counties  of  this  State,  when  any  child  has  or  shall  aiiro^r.'- 
become  chargeable  to  the  county  where  bonds  are  taken,  as  above  dren''"" 
recited,  for  the  maintenance  of  bastard  children,  to  institute  an 
action  on  all  bonds  so  taken,  and  it  shall  be  lawful  for  them  to 
recover  the  full  amount  of  said  bond  or  bonds,   which  judgment 
or  judgments  shall  remain  open,   and  be  subject  to  be  appro- 
priated by  the  courts  aforesaid,  from  time  to  time,  as  the  situa- 
tion and  exigencies  of  the  said  bastard  child  may  require 

§  4643    Sec.  IV    It  shall  be  the  duty  of  the  Justice  or  Jus-  How  ana 
tices  of  the  Peace  before  whom  the  bond  shall  be  taken,  to  ve-u>LT^7to 
turn  such  bond  to  the  Clerk  of  the  Inferior  Court  of  the  countv  "'"'""'• 
m  which  such  female  shall  reside,  within   thirty  days  after  the 
same  is  taken. 


yob 


PT.  4.— TIT.  2.— Penitentiaky. 


Chapter  1. — The  Penitentiary. 


TITLE  11. 
OF  THE  pexitp:ntiary. 


'  'iiiccib  ap- 
pointed by 
the  Gover- 


Oiliccrs  II  |»- 
;>ointed  bv 
theP.  K.  ■ 


CHAPTER    I. 


THE  penitentiary 


Section. 
4041:.  Ollicors  uppoiuled  by  Governor. 
1645.  Officers  appointed  by  Prin.  Keeper. 
4G4C.  Salaries. 
4G47.  Prisoner's  clotlies. 
4G48.  Description  of  jirisonerB. 
4640^  Search  of  convicts. 

4650.  Law  to  be  read  to  convicts. 

4651.  Clothing  of  convicts. 

4652.  Clothing  on  discharjro. 
405:5.  Labor  of  convicts. 

4654.  Hours  of  labor. 

4655.  Garden  ciiltivatod. 

4656.  Cleanhness  observed. 

4657.  Hospital. 

4058.  Punishment  by  ofllcers. 

4659.  I^etters  to  be  examined. 

4660.  Visitors — iK'rmission  to. 

4661.  Spirituous  Uijuors. 

4662.  Liplits. 
460.'?.  Cells. 

466-1.  Inspector^  duty. 

4 065.  Confederate  States  convicts. 

1600.  Bosses. 

•16G7.  Puty  of  Principal  Keeper. 


Section. 
4608.  Morals. 
4009.  By-Laws. 

4670.  Accounts  of  the  State. 

4671.  Conveyance  of  convicts. 

4072.  (ienoral  supervision  of  Prin.  K'p'r. 
467.'i.  Confinement  on  Sabbath. 
4674.  Bix)k-keeper — duties. 
4075.  Drafts  and  salaries. 

4676.  Contingencies. 

4677.  Suits,  by  whom  brought. 

4678.  Assistant  Keeper. 

4679.  Bonds. 

4080.  Oaih. 

4081.  Marked  price  of  goods. 

4082.  Successors. 

4083.  Officers  exempt. 

4684.  Loaning  mat«rials,  &c. 

4685.  Commigsioners. 

4680.  Amount  of  material.-^. 
4687.  Physician. 

4088.  Chaplain. 

4689.  Bible,  kc. 

•1G90.  Costs  on  escapes. 

IG91.  Legislative  Committee. 


tal.vics. 


§  4044,  The  officers  for  the  nianagenieut  of  the  penitentiary 
bhall  be  one  Inspector,  one  Principal  Keeper,  a  Book-keeper,  a 
Phytiician,  and  a  Chaplain,  all  of  whom  shall  be  appointed  for 
one  year  by  tlie  Governor,  who  may  remove  at  his  j)leasure  and 
rill  the  vacancies. 

§  4(345,  There  shall  be  one  Assistant  Keeper,  and  as  many  over- 
seers, not  exceeding  four,  as  the  Principal  Keeper  may  deem  ne- 
cessai'y  ;  all  of  whom  shall  be  appointed  by  the  Principal  Keeper 
for  one  year,  but  removable  at  his  pleasure,  and  the  vacancies 
filled  by  him. 

§  4046.  For  the  salaries  to  be  paid  to  the  several  officers  of 
the  penitentiary,  see  section  1574. 


PT.  4.— TIT.  2.— Penitentiary.  Oil 

Chapter  1. — ^The  Penitentiary. 

§4647.  The  Principal  Keeper  shall  cause  the  clothes  of  each rrisonprs 
prisoner,  when  reecived,  to  be  cleansed  and  carefully  kept,  to  be 
returned  to  him  on  his  discharge  ;  or  at  tlie  request  of  the  pris- 
oner he  may  sell  them  and  deposit  the  proceeds  with  the  Clerk, 
to  be  paid  to  the  prisoner  on  hi?  discharge,  or,  in  case  of  his 
dcatli  before  that  time,  to  his  legal  representatives. 

§4648.  The  Principal  Keeper  on  the  reception  of  each  con- Degcripiion 
vict  shall  enter,  in  a  book  kept  for  th.'it  purpose,  an  accurate  de-"  p"*^°"*- 
scription  of  such  convict,  giving  his  name,  age,  height,  color  of 
eyes  and  hair,  complexion,  place  of  nativity,  time  of  conviction, 
county  where  convicted,  nature  of  crime,  and  period  of  conline- 
inent. 

§4649.  lie  shall  also  cause  such  convict  to  be  searched  andsear(h<.f 
deprived  of  any  article  by  which  an  escape  might  be  effected, 
and  also  of  all  monies  in  his  possession,  to  be  returned  on  his 
discharge,  or  to  his  legal  representatives  in  case  of  his  death. 

§4650.  lie  shall  also  read  to  such  convict  such  parts  of  thei-awsroa.i 
laws  of  this  State  as  impose  penalties  for  escape,  and  the  rules 
relating  to  the  conduct  of  prisoners. 

§4651.  The  following  clothing  shall  be  annually  furnished  to  ciothinfr  to 
prisoners,  viz:  one  jacket,  one  vest  and  one  pair  of  trowsers  of ^'^ ''"■"'^''^■ 
kerseys,  two  pair  of  shoes,  two  pair  of  coarse  yarn  socks,  four 
shirts,  and  two  pair  of  trowsers  of  cotton  cloth,  with  one  jacket 
of  the  same  ;  the  material  of  the  jackets  and  trowsers  to  be  par- 
ti-colored. An  additional  suit  of  clothes  shall  be  given  to  con- 
victs laboring  as  blacksmiths  ;  also,  to  each  convict  a  cheap 
mattress  and  as  many  blankets  as  are  necessary. 

§4652.  When  discharged,  each  prisoner  shall  receive  a  suit  of  c.iotvms  on 
clothes  not  exceeding  ten  dollars  in   value,   and  money  not  f,^,^'^"^'"'^^- 
ceeding  the  same  amount ;  the  Principal  Keeper  to  discriminate 
in  both  according  to  the  conduct  of  the  prisoner  during  his  con- 
finement. 

§4653.  Except  on  Sunday  and  when  confined  in  their  cells, 
the  prisoners  shall  be  kept  at  hard  labor  as  far  as  may  be  con- 
sistent with  their  age,  health  and  ability,  and  they  shall  be  so 
arranged  at  labor  as  to  be  nnder  the  constant  supervision  of  the  supervision. 
Assistant,  or  one  of  the  overseers,  as  far  as  practicable  ;  and  no  % 

intercourse  between  convicts  shall  l)c  allowed,  except  such  as  is 
necessary  for  the  work  on  wliich  they  are  eno-ao-ed. 

§  4654.-  The  hours  of  labor  shall  be  regulated  by  the  length  of  iiours  or  la- 
the  day,  allowing  not  more  than  forty  minutes  for  meals.  ^*"'' 


Labor. 


912  PT.  4.— TIT.  2.— Penitentiaet. 


Chapter  1. — Tlie  Penitentiary. 


Garden.  §  4655.  A  garden  shall  be  attached  to  the  penitentiary  and 

worked  by  the  convicts,  the  vegetables  to  be  for  their  use. 

Cleanliness.  §4650.  Tlic  walls  of  the  cclls  and  other  apartments  of  the 
prison  buildings  shall  be  washed  with  lime  at  least  once  a  year : 
the  floors  shall  be  kept  neat  and  clean,  and  the  building  fumiga- 
ted and  puritied  with  chloride  of  lime  as  often  as  the  Physician 
shall  deem  necessary. 

nosi-it.-ii.  §4657.  A  hos})ital  shall  be  provided  for  the  sick,  and  a  con- 

vict, seriously  ill  at  the  expiration  of  his  term,  shall  have  the 
privilege  of  remaining  until  his  recovery. 

Tunisbment      §  4658.  For  violatloii  of  rules  or  by-laws,  the  prisoner  shall  be 

^  "  '  '  punished  at  the  discretion-  of  the  Principal  Keeper,  the  concur- 
ring assent  of  the  Inspector  being  necessary  for  the  infliction  of 
corporal  punishment. 

Lottois.  &<■.  §  4659.  All  letters  or  other  things  to  or  from  the  convicts  shall 
pass  through  the  hands  of  the  Princii)al  Keeper,  and  may  be  in- 
spected and  withheld  by  him  in  his  discretion. 

Visitors.  §4660.   Visitors  must  liave  the  permission  of  the  Principal 

Keeper,  and  must  l)e  attended  while  in  the  penitentiary'  by  a 
keeper  or  guard.  A  wife  of  a  convict  may  be  allowed  to  visit 
him  under  such  rules  as  the  Principal  Keeper  may  adopt. 

Spirituous        §  4661.  Spirituous  liquors  shall  Ijc  allowed  to  a  convict  onlv 

li'liior.s.  ,  .....         j^,         .    .  " 

l)y  prescription  oi  the  1  nysiciaii. 

Lights.  §4662.  jS'^0  light  shall  be  allowed  in  cclls  after  they  are  locked 

for  the  night. 

oils.  §4663.  Prisoners  shall  be  kci)t  in  separate  cells,  and  prisoners 

of  different  sexes  shall  at  all  times  be  kept  separate  and  apart. 
The  cells  shall  be  numbered  and  divided  into  wards,  over  each 
of  which  shall  be  an  overseer.  The  overseer  shall  search  tlie 
cell  and  prisoner  every  night  to  prevent  escape. 

inspector-s  §  4664.  The  Inspector  shall  purchase  all  materials  which  shall 
be  needed  by  the  Principal  Keeper  for  the  use  of  the  penitenti- 
ary, and  when  delivered,  shall  take  his  receipt  for  the  same.  At 
stated  times  he  shall  advertise  in  two  of  the  p;azettes  at  the 
(capital  for  sealed  proposals  to  furnish  wood,  stock  and  coal.  He 
shall  purchase  provisions  and  stores  for  the  prisoners  and  guard, 
when  required  in  writing  by  the  Principal  Keeper,  and  at  no 
other  time.  With  the  assistance  of  tlie  Principal  Keeper,  he 
shall  price  all  articles  made  in  the  penitentiary.  He  shall  make 
an  annual  return  to  the  Governor  on  the  first  day  of  October  of 
each  vear,  showing  all  of  his  acts  connected  witli  his  oflice. 


•luty, 


PT.  4.— TIT.  2.— Penitentiary.  913 

Chapter  1. — The  Penitentiary. 

§4665.  The  Inspector  shall  have  power  to  regulate  the  terms  c.  s.  con- 
on  which  convicts  sentenced  by  the  courts  of  tlie  Confederate 
States  for  the  circuit  and  district  of  Georgia  sliall  be  admitted  in 
the  penitentiary. 

§  4666.  The  Inspector  may  employ  suitable  persons  to  give  p.osse?. 
necessary  instructions  in  such  branches  of  work   as  require  such 
skill  and  knowledge  as  no  convict  possesses. 

§4667.  The  Principal  Keeper  sliall  deliver  all  manufactured  I'nucipai 

,  ,  ,  Keeper's 

articles  to  the  bookkeeper,  taking  duplicate  receipts  therefor, <i»ty- 
specifying  the  prices  assessed  by  the  Inspector,  lie  shall  also 
make  an  annual  return  to  the  (Tovernor  on  the  lirst  day  of  Octo- 
ber, showing  the  amounts  of  materials,  6cc.,  received,  and  of  man- 
ufactured articles  delivered  to  the  book-keeper,  and  also  the 
amount  of  materials  and  uniinishcd  work  on  hand. 

§  4668.  He  shall  carefully  note  the  moral  conduct  of  the  pris- Morals. 
oners,  and  furnish  them  with  such  moral  and  religious  books  as  he 
thinks  proper. 

§4669.  Together  with  the  Inspector,  the  Principal  Keeper  p.^.],,., 
may  make  all  necessary  bj^-laws  and  regulations  tor  the  success- 
ful working  and  government  of  the  institution. 

§  4670.  The  order  of  the  Governor  shall  be  sufficient  voucher  Accounts  of 
for  any  article,  work  or  labor,  needed  by  the  State,  and  the  book- ^'"^  ^^^'''' 
keeper  shall  keep  a  regular  account  of  the  same. 

§  4671.  The  Principal  Keeper  sliall  make  all  necessary  arrange-  conveyance 
men ts  for  the  conveyance  of  convicts  to  the  penitentiary,  and'  *^™^^*' 
may  draw  on  the  book-lceeper  for  the  funds  necessary  to  defray 
all  such  expenses. 

§  4672.  The  Principal  Keeper  shall  have  a  general  superinten-  General  Sli- 
ding ^ower  over  the  institution,  and  shall  be  responsible  fur  the  Princip^al  ""^ 
conduct  of  all  officers  under  his  command.     He  niay  enlist  his  ^^'^^"' 
own  guard,  not  exceeding  three  officers,  with  as  many  men  as 
necessary,  and  at  such  wages  as  may  be  agreed  on,  and  may  dis- 
miss them  again  at  his  pleasure. 

§4673.  The  Principal  Keeper  may  exercise  his  discretion  as  to  couiinemeut 
the  time  the  convicts  shall  be  confined  on  the  Sabbath  day.  '"  s.abbatb. 

§4674.  The  book-keeper  shall  sell  all  manufactured  articles  atBookkeep- 
tlie  prices  assessed  as  aforesaid,  and  collect  all  debts  due  to  the*'" ^*'"*-^' 
institution,  and  shall  make  a  quarterly  return  to  the  Governor 
showing  the  exact  condition  of  his  department. 

§  4675.  Tlie  debts  (contracted  by  the  Inspector  as  aforesaid,  Dmfts. 
shall  be  paid  upon  the  drafts  of  the  Principal  Keeper  or  the 
58 


914  PT.  4.— TIT.  2.— Pknitentiarv. 


Chapter  1. — The  Penitentiary. 


book-keeper.  The  salaries  of  the  several  officers,  overseers  and 
pjuarcl  f^ball  1)C  paid  quarterly  by  the  book-keeper  in  accordance 
with  the  pay-i-oll  made  out  and  ccrtiticd  by  the  Principal  Keeper, 

canungcn-  §  407<i.  The  book-kccpcr  shall  also  pay  incidental  and  contin- 
gent expenses  of  the  iustitntion  upon  the  jjresentation  of  the  ac- 
counts audited  and  certified  by  the  Principal  Keeper. 

^„:„  ^-i-fiTT.  Tlie  book-keeper  is  autIiori:a'd  to  commence  suit  in  liis 

own  nnnie.  oflicially.  Yov  any  debt  or  cause  of  ;)r-tion  occuring  to 
tlic  jicnitcntiary. 

.\k.siu.,.         ^'l<'>7s.  Tlic  Af•>i^tant  Keeper,  and  overseers  shall    alternately 

.nvw*"'"  reniuiii  within  the  ]>enitentiarv  during  tl»e  night,  to  superintend 
the  g\iard  in  sm-b  n)anner  as  the  Princi])al  Keeper  shall  direct. 
During  the  day  they  shall  remain  in  tkeir  rei^pcctivc"  depart- 
ments, superintend  the  labor  of  the  convicts,  and  discharge  all 
such  duties  required  of  them  by  the  Principal  Keeper  as  shall 
tend  to  the  safe  kcej^ing  of  the  prisoners,  the  preservation  of  the 
buihlings  and  other  ]>roj)erty  of  the  institution,  and  the  success- 
ful operation  ot"  tlie  >ame. 

i;.r..>  §1('>7*.>,  The  In>)iector.   Principal   and   Asr»istant    Keejier  and 

book  keeper,  before  they  enter  \ipon  the  discharge  of  their  re- 
spective duties  shall  give  l»ond  and  good  security  to  the  Gover- 
nor and  his  successors,  in  such  sujns  as  may  be  designated  by 
j?iini,  for  the  faithful  performance  of  their  respective  duties. 

«ath.  ^4H80.  The  said  officers  shall  also  take  and  subscribe  the  fol- 

'lowing  oath  :  "  I.  '        .  do  solemnly  swear  that  I  will  dili- 

gently execute  all  tlie  duties  luwfully  required  of  n)e,  as  an  (tffi- 
cer  (i\'  the  jtenitcntiary,  and  will  carry  into  execution  tlie  laws 
and  reguhrtions  for  the  government  of  the  same,  to  the  best  o4' 
my  knowledge  and  ability.  And  I  will,  on  no  occasion,  ill-treat 
.or  abuse  any  prisoner  under  my  care,  beyond  the  punishment  ac- 
corded by  hiM',  or  the  rules  and  regulations  of  the  penitentiary. 
;So  hel)>  me  God." 

T^cduc^t^  §40:^1.  The  Principal  Keeper  and  Inspector  may  at  any  time 

>reduce  the  mai'kcd  price  of  any  article  oflfered  for  sale,  if  satisfied 
from  any  cause,  the  mark  is  above  its  market  value,  and  notify 
the  book-keeper  of  such  charge. 

§  4r»S2.  The  l*rincipal  Keeper  and  book-keeper  shall  deliver  to 
their  successors  all  the  property  of  the  institution  of  every  kind 
in  their  charge,  taking  receipts  therefor. 


worked 


PT.  4.— TIT.  2.— Penitentiary.  915 

Chapter  1. — ^The  Penitentiary. 

?  468*3.  The  officers  ol"  the  penitentiary  phall  be  exempt  from  Ksemption 
militia  duty  jn  time  (if  i)eaet'.  and   fnun   inrv,  ])atroi,   road  and 
orirpuration  duty  at  all  times. 

^4684.  No  officer  of  the  penitentiary  shall  sell  or  loan  any  ofi-oaningor 

11  "1  J  i-   '    1  1  mi  Ti    •        Belling  in:i- 

the  tool^.   materials,    or  ]nY)aucts  ot    the  garden.      I  he     1  rin-tcriau. 
■c-i]>al  Keeper  may  sell  old  and  usekss  materials.   ace(Mintinfr  tor 
the  same  to  the  book-keeper. 

§  468r».  The  (Tdverner  shall  a]»]i(>int  three  commissionerR.  annii-Annn«i  ap- 
ally,  who  shall  take  an  inventory  of  the  stock  of  the  penitentiary, '"^'**^'"''"' 
with  an  appraisement  (»f  its  present  value. 

^*  4()S('..  The  Assistant  Keeper  shall  keep  a  set  of  books  on  the  Amount •! 
tystem  of  d«.»uble  entry,  in  wliich  shall  be  kept  a  full  and  corrector 
account  of  all  purchase>  made,  a  proper  record  of  all  the  raw 
•naterial  consumed  in  the  various  work-shops,  as  well  as  of  all  the 
manufactured  article^.,  cash,  and  job  work  turned  over  to  the 
b(»ok-kee}>er  for  sale.  He  shall  also  take  charge  of  the  storehouse 
containing  the  materials,  and  issue  the  same  to  the  different  over- 
fleers  of  the  work-shops,  charging  every  item  used  to  the  appro- 
priate shop. 

§  4687.  The  physician  to  the  ]>enitentiary,  appointed  by  the  |.i,T,i„ia«s 
<Torernor.  shall  visit  all  the  sick  of  the  prisoners  and  guard  at 
lea^it  once  every  day  and  before  ten  o'clock,  A.  M. — and  oftener  if 
necessary  or  desired  by  the  Principal  Keeper.  He  shall  also,  at 
least  once  every  week,  inspect  the  institution  generally  in  what- 
ever may  affect  its  healthfulness. 

^468S.  The  chaplain  appointed  by  the  Governor  shall  preach  ch»i.iain3, 
to  tlie  convicts  at  least  once  every  Sabbath  day,   and  give  them 
T«nch  other  religious  instruction  as  their  condition  may  recpiire. 

iJ4681».  The  (lovernor  shall  canse  to  be  furnished  to  each  con-  HiWo.  a.-. 
vict  a  r>il)le  and  hymn  book,  to  remain  in  his  cell,  and  upon  his 
<^ischarge  he  snail  be  permitted  to  carry  the  same  away  with  him. 

§46t>(i.  The  expenses  of  all  trials  for  esca])es  from  the  peniten-  („sumie»- 
tiary,  or  attempts  to  escape,  shall  be  paid  by  the  State.  *''''^*" 

§  4601.  A  joint  ccnnmittee  of  both  branches  of  the  Legislature  Legislative 
shall  be  ai)pointed  at  each  session  to  investigate  closely  into  the  '"'"'"'"''"• 
affairs  of  the  ]>enitentiary,  and  report  thereon  ;  and  all  the  offi- 
•c-ers  of  the  said  institution  shall  furnish  said  committee  all  the 
assistance  and  information  Avithin  their  power. 


916         PT.  4.— TIT.  3.— CHAP.  1.— Penal  Code  for  Slaves. 


Article  1. — General  Principles. 


TITLE  III. 

PKNAL  CODE  FOR  SLAVES  AND  FREE  PERSONS  OF  COLOR. 


CIIAPTKR  I. 

PENAL  CODE  FOR  SLAVES  AND  FREE  PERSONS  OF  COLOR. 

AuTicLK  1.  General  principles. 

Article  2.  Cai)itMl  oitences, 

Aktici>e  3.  Offences  not  capital. 

Article  4.  Trial  of  offences. 

Article  5,  Bail — wlien  allowed. 


r^'flnlticHta. 


ARTICLE  I. 

GENERAL  PRINCIPLES. 

Section.  Section. 

4692.  Definition  in  Ppiial  Code.  4008.  Confessions  ton  master  und  giiar'n. 

469.^.  Provisions  of  Penal  Code.  460!).  Master  competent  witness. 

4694.  Insane  onVnder.  4700.  Master  may  control  defence. 

4695.  Principal  and  accessory.  4701.  Einploynient  ol  counsd. 

4696.  Principal  in  second  degree.  4701'.  Proceeding  on  indictment.  Ac. 

4697.  Oflencca  committed  under  coercion.    470.T.  No  second  piinislimont. 

§  4G".>2.  All  definitions  of  the  Penal   Code,  so  far  a.-  the  t^aine 
are  applicable  to  offences  committed  hy  slave.-  and  free  i>ersonB 
of  color,  shall  be  held  and  taken  as   embraced  and   made  a  part 
of  this  Code. 
Exceptions       §4093.  The  age  Or  capacitj,  and  the  exceptions  as  to  insane 
Xafiiy.*":.  persons  and  idiots,  the  provisic^ns  as  to  drunkenness,  misfortune, 
or  accident,  and  crimes  committed  under  fear  or  threats,  shall  be 
held  applicable  to  slaves  and  free  persons  of  color. 
Idiot  or  iu-        §4094.  If  a  slave  or  free  person  of  color  is  found  bv  a  jury  to 
sane  person.  -^^    ^^^  j^j^^   ^^  lusane,  and  for  that  cause  is  discharged  from 
prosecution  for  a  capital  offence,  the  presiding  Judge  shall  pass 
such  order  for  his  future  confinement  as  shall  protect  the  com- 
munity from  his  future  acts,  the  expenses  of  such  confinement 
shall  be  paid  by  the  owner,  if  a  slave,  and  out  of  the  estate  of 
the  free  person  of  color,  if  he  has  any. 


FT.  4.— TIT.  3.— CHAP.  1.— Penal  Code  for  Slaves.         91T 

Article  1. — General  Principles. 

§469."").  A  slave  or  free  person  may  be  a  principal  in  the  sec- Principal  or 

c  X  ./  1  1  ^  accessary. 

(•nd  degree,  or  accessory  either  before  or  after  the  fact,  to  crimes 
<:ommitted  bv  white  persons,  or  by  other  slaves  or  free  persons  of 
color,  and  in  all  cases  the  punishment  shall  be  regulated  under 
the  provisions  of  sections  five  and  six  of  the  second  divisions  of 
the  Penal  Code. 

§  4090.  A  slave  shall  never  be  punished  for  any  offence  not  coercion. 
capital  which  was  committed  under  the  coercion,  order,  threats 
or  persuasion  <;tf  his  master  or  the  person  having  control  over 
])im,  if  it  shall  clearly  appear  that  tlie  act  was  entirely  the  result 
of  such  influence,  and  not  from  any  criminal  intent. 

§  4<'>9T.  The  confessions  of  a  slave  or  free  person  of  color,  made  confessions, 
to  his  master  or  guardian  under  the  order  of  such  master  or 
guardian,  shall  not  be  held  as  voluntary  confessions,  or  admitted 
in  evidence  as  such,  nor  shall  confessions  made  by  a  slave  to  a 
master  l)e  admitted  at  all,  nor  shall  confessions  made  by  a  slave 
i>;»rfree  person  of  color,  under  punishment  or  the  threat  of  pun- 
ishment, he  held  admissible  as  evidence  in  any  case. 

§4:»)1'S.  The  rules  of  evidence  in  the  trial  of  slaves  and  free  confessions 
persons  of  color,  shall  be  the  same  as  in  the  trial  of  white  per- 
sons; otlio)'  slaves  and  free  persons  of  color  shall  be  competent 
witnesses,  if  otherwise  unobjectionable. 

§4699.  The  master  siiall,  in  all  cases,  be  a  competent  witness  Master  wu- 
tor  or  against  his  slave. 

§  4700.  In  all  trials  of  slaves,  the  master  shall  control  the  de-  Defence. 
tence  of  his  slave,  (unless  the  court  in  its  discretion  pass  an  order 
directing  the  defence  to  be  controlled  by  others,)  and  all  motions, 
demands,  consents,  bonds,  bail,  or  other  proceedings  necessary  to 
the  defence,  may  be  made  by  the  master  or  his  attorney. 

§4701.  If  tlie  master  fails  to  employ  counsel  for  the  defence  of  Empioy- 
})is  slave,  charged  with  a  capital  olience,  the  court  shall  appoint  counsel, 
counsel,  and  tlic  master  shall  be  responsible  for  reasonable  fees 
to  such  counsel  thus  appointed,  unless  he  shall  personally,  or  by 
attorney,  disclaim  all  desire  to  defend;  in  the  latter  case  the 
court  shall  enter  such  disclaimer  on  its  minutes,  and  the  slave,  if 
acquitted,  shall  be  the  property  of  the  counsel  defending  him. 

§4702.  The  proceedings  on  indictments  against  slaves  and  free  Pioc«edias9. 
persons  of  color  for  capital  oiFences,  the  empanneling  of  juries, 
and  all  other  proceedings  usual  in  such  cases  to  final  execution, 
shall  be  the  same  as  prescribed  in  the  penal  code  for  white  per- 
t^ons. 


918 


PT.  4.— TIT.  3.— GHAP.  1.— Pknal  Code  fok  8LA^  es. 


Article  1. — General  Principles. 


No  second  §4703.  !Bfo  slavc  shall  be  tried  twice  for  the  same  offeiKre,  nor 
shall  a  slave  be  punished  under  a  lc\u;al  process  for  an  offence  not 
capital,  when  he  has  already  received  punishment  bv  consent  of 
the  master  and  the  person  aggrieved  by  lii>  act. 


ARTICLE  II. 


CAPITAL  0FFEXCK8. 


•apiUil  (if- 


laoarn-c- 

tlOBB. 


Attempt  t« 


AdminUtor- 
inc  poison. 


•  flt'DC'CS 

whith  may 
l>p  rApitjiL 


Section. 

4704.  Capital  oflTences. 

4705.  Insurri'ctiou  defined. 

4706.  Attt'inpt  to  oxcile  an  insurrection. 

4707.  Administering  poison. 

^708.  Olfenees  wliich  may  be  capital. 


Section. 

(  4709.  Conviction  for  minor  offencen. 
I   4710.  Puni.shnicnt  for  manslaiiglitci 

4711.  Provocation  to  a  slave. 

4712.  Solf-dcfenoo. 
47i:<.  rnrdoninn  power. 


§4704.  The  following  offences,  when  <.'OMiiuitted  by  a  slavc  or 
free  ])crs()n  of  color,  sliall  be  puin'slicd,  on  conviction,  with 
death,  viz  :  Insurrei-ticm,  or  an  attempt  to  excite  it ;  mnrder, 
poisoning  with  intent  to  kill,  and  rape  upi>n  a  free  white  female. 

§  4705.  Insurrection  shall  consist  in  any  combined  resistance 
to  tlie  lawful  authority  of  the  master  or  the  State,  with  intent  to 
the  permanent  denial  thereof,  when  the  same  is  manifested  or  in- 
tend(Hl  to  be  manifested  by  acts  of  violence — the  mere  resistance 
of  a  slave,  or  his  attempt  to  esca]»e,  or  actual  escajic,  I'rom  the 
Huister,  shall  not  constitute  insurrection. 

§470«J,  Any  attempt,  by  threats,  persuasion,  <»r  otherwise,  tw 
indu<*e  other  slaves  to  join  in  an  insurrection  in  existence  or  cuu- 
templated,  shall  constitute  an  attcmj)t  to  excite  an  insurrection. 

^47'>7.  The  administering  of  ])oison  to  a  free  white  person 
with  intent  to  kill,  .shall "constitute  the  offence  specified  in  tbL* 
article,  although  the  poisoning  failed  oi'  its  effect  from  any 
cause. 

§  470S.  The  following  ofi'enccs,  w  hen  i^ommitted  b}-  a  slave  or 
free  person  of  color,  shall  be  punished  in  the  discretion  of  the 
court,  either  by  death  or  such  other  punishment  as  the  court  may 
prescribe,  proportionate  to  thu  otiencc  and  calculated  to  prevent 
the  occurrence  of  like  offences  in  future,  viz :  Attempt  to  com- 
mit a  rape  upon  a  free  white  female;  assaulting  a  free  white 
person  with  intent  to  nmrder  or  with  a  weapon  likely  to  prv»- 
duce  death ;  maiming  a  free  white  person ;  arson  of  any  descrip- 
tion ;  attempting  to  administer  poison  to  any  humaii  l.>eing,  or 


FT.  4.— TIT.  o  — CIIAP.  1.— Penal  Code  fob  Slaves.         919 

Article  2. — Capital  Offences. 


actually  poisoning  a  s>lave  or  free  |»erson  <if  color  with  intent  to 
kill. 

§4709.  ll"  a  slave  or  free  perboii   of  color  i:,  cliaro;ed  with  aMiuoroi- 

,  ,  ,  .  fencM. 

capital  oftence,  but  is  convicted  of  a  minor  ofi'encc,  the  court 
shall  proceed  to  sentence  the  prisoner  for  such  minor  offence  ac- 
cording to  the  laws  of  this  State.  If  the  grand  jury  find  a  true 
bill  for  a  minor  offence  the  court  shall  remit  the  case  to  the 
committing  court, 

§  4710.  If  a  slave  be  convicted  of  voluntary  manslaughter,  ei-  Maniiau^u- 
ther  of  a  white  person  or  of  another  negro,  part  of  the  punish- 
ment shall  be  branding  in  a  conspicuous  place  with  the  letter 

§4711.  Obedience  and  submission  being  the  duty  of  a  slave,  ,.,.y^ocatioi. 
much  greater  provocation  is  necessary  to  reduce  a  homicide  of '**  ^^^^^ 
a  white  pcri^on  by  him  to  voluntary  manslaughter,  than  is  pre- 
scribed for  white  persons ;  in  every  case  the  question  must  be 
for  the  jury  to  decide  whether  the  provocation  was  such  as  to 
justify  uncontrollal)le  passion  in  one  accustomed  to  obedience  and 
^submission. 

§4712.  Self  defence  is  the  right  of  every  human  being  v.-here  s< ii  jt-fencc 
bis  own  life  is  unlawfully  endangered.  In  the  ca?e  of  a  slave,  it 
uiust  clearly  appear  that  the  act  done  was  in  defence  of  his  life 
and  not  in  a  spirit  of  revenge.  Self  defence,  or  defence  of  his 
master  or  family,  is  the  only  justification  of  a  homicide  by  a 
slave. 

§47lo.  Tlio  (xovornor  oi'  the  State  shall  have  the  full  pardon- partioiuui 

1,      ^.  '         1   T  t  power. 

mg  power  over  all  otionees  committed  by  slaves. 


ARTICLE  III. 

UKFI':.\C1::S  NuT  (.'AL'ITAL. 

4714.  Minor  ofl't'iuv::^  s.[.ioi.-i('iod.  4717.  rnuiMiinieiu  of  free  uejjroc'?. 

4715.  OHenoefl  not  named  in  Iho  Code,     i  4718.  Diaeretionary  punishment. 
47 IG.  Ollbuops  'oy  free  jiersons  of  color. 

§  4714.  The  foilowing  offences  defined  in  the  Penal  Code  shall  Minor  ou-eu- 
lilso  be  offences  punishable  in  a  slave  or  free  person  of  color,  *^''^^^''*'^  ^ ' 
viz  :  assault  upon  any  person,  free  or  slave;  assault  with  intent 
to  murder  another  free  person  of  color ;  battery  upon  the  same  ; 
kidnapping   a   free   person  ;    inveigling  and  kidnapping   a  free 


aii©         PT.  4.— TIT.  3.— CHAP.  1.— Penal  Code  foe  Slaves. 

Article  3. — Offences  not  Capital. 

white  child  ;  stabbing  a  slave  or  free  person  .of  color  ;  robbery  ; 
larceny ;  forgery  ;  perjury ;  rescue ;  aiding  in  escape ;  conspiracy ; 
receiving  stolen  goods  ;  unlawful  assemblies  ;  riot ;  aftray  ;  keep- 
ing gaming  houses  or  tables ;  gambling,  and  ever}'  specifica- 
tion of  malicious  mischief, 
offcmeB  not     8  4715.  Til  addition  to  the  forccroinir,  the  followinc:  shall  be  of- 

Jiamcd  in  the        "^  •  i  i  i  .  \l        , 

Code.  fences  when  conimittcu  by  slaves  or  free  persons  of  color,  viz  : 

furnishing  s[)irituou8  liquors  to  other  slaves  or  free  persons  of 
color;  concealing  or  harboring  runaway  slaves  ;  furnishing  per- 
mits or  free  jtapcrs  to  a  slave  or  slaves ;  teaching  or  instructing 
a  slave  or  free  person  of  color  in  the  knowledge  of  any  poison- 
ous root,  ]ilant  or  herb,  or  other  poison  ;  administering  medicine, 
or  pretended  medicine,  to  a  slave,  except  by  authority  of  the 
master  or  employer,  or  under  the  direction  of  a  physician  ;  car- 
rying fire  arms  or  other  deadly  weapons,  except  in  the  company 
of  a  white  person  at  least  sixteen  years  of  age,  or  else  about  the 
business  of  the  master  or  employer;  purchasing  fn»m  or  selling 
to  other  slaves  any  article  or  thing  Hot  usually  manufactured  or 
sold  by  slaves,  without  a  permit  from  his  master  or  employer; 
aiding  or  assisting  in  any  manner  in  liringing  into  the  State  or 
circulating  any  insurrectionary  document  of  any  kind  whatever; 
teaching  other  slaves  or  free  persons  of  color  to  read  or  write  ; 
indecent  or  disorderly  conduct  in  the  presence  and  to  the  annoy- 
ance of  free  white  persons ;  insolent  or  improper  language  to  a 
white  person. 

Offences  ly     §4710.  Tlic  following  shall  be  ofl'ences  when  committed  by 

free  negroes.    ,  /•         i  •  ir  •  i»  i  •     i  j 

tree  persons  of  eoior,  viz;  \  agrancy ;  using  false  weights  and 
measures;  immigrating  into  the  State  in  violation  of  its  hiws; 
violating  (juarantine  ;  inveigling  and  eiitieing  away  any  slave  or 
slaves,  for  the  purpose  and  with  the  intention  to  assist  in  the  es- 
cape of  such  slave  to  another  State ;  and  failing  to  register  their 
names  as  required  by  law. 
ruui&huicnt      §4717.  The  punishment  o\'  a  free  person  of  eolor  foriminigra- 

for  immisrra-    .         .  i  •     c^  •         •    ^      •  «..i  ini  i» 

tin? into  this  tiniT  luto  tliis  State,  in  Violation  of  its  laws,  shall  be  sale  into  per- 

Stato.  ^  .  .      ' 

petual  bondage — to  be  had  on  conviction  under  the  direction  of 
the  court — the  proceeds  to  be  paid  into  the  Educational  Fund  of 
the  county.  Five  years  quiet  residence  shall  bar  an  indictment, 
©iscrcuona-  §471S.  The  punislinient  for  all  other  offences  specified  in  this 
ment.  ^  article  shall  be  in  the  discretion  of  the  court  before  which  the  trial 
is  had.  It  shall  not  extend  to  life,  limb  or  health,  nor  be  cruel 
in  itv<  nature,  but  shall  be  proportioned  to  the  ofltencc.  keeping 


PT.  4.— TIT.  3.— CHAP.  1.— Penal  Code  for  Slaves.         921 


Article  3. — Offences  not  Capital. 


m  view  the  principles  of  humanity,  and  have  lor  its  chief  object 
the  deterring  of  the  offender  and  all  others  from  a  repetition  of 
the  offence.  The  court  may  order  free  persons  of  color  hired  to 
the  highest  l)idder  in  order  to  raise  money  to  pay  any  fine  (not 
exceeding  three  hundred  dollars,)  which  may  be  imposed  by  the 
'•ourt. 


ARTICLE  1\. 

TRIM,  .OF  OFFHNCKS 

J^ECTiON.  Section-. 

4719.  Capital  offences— trial  of.  47lM.  Trial  ol  minor  o'Veiices. 

4720.  Invc.«tifratino-  court — duty  of.  472j.  Sentence. 

4721.  ProceedingP.  i  4720.  Jailor's  duty. 

4722.  Attendance  of  witnesses.  4727.    Ccrliorari 

^I2?y.  May  bo  recjiiircd  to  give  bond.  472S.  Discretion  of  Judge. 

§471'.).   All  capital  oft'ence.s,  or  oft'ences  which  may  be  capital,  capital  of- 
bhall  be  tried  before  the  Superior  Court  of  the  county  where  the  wT'"'"* 
<»ffenco  was  committed.     All  other  (lifencos  shiill  be  tried  by  the 
f-pecial  eouri  hereinafter  provided. 

§  4720.  If  it  appears  to  the  investigating  court  that  the  offence  Duty  of  in- 
rnay  be  capital,  the  prisoner  shall  be  committed  to  the  common  courr""^ 
jail  of  tlie  county,  or  some  secure  jail,  (unless  the  Justices  see 
proper  to  receive  bail  from  the  master  or  guardian,)  and  the 
Justices  shall  send  the  papers  to  the  Clerk  of  the  Superior  Court 
to  be  delivered  to  the  Solicitor  General.  The  grand  jury  may 
indict  or  present.  h(»\vever.  without  this  ]>i'cliiuinary  investiga- 
tion. 

§47l'1.  The  proceedings  on  trials  in  the  Superior  Court  shall  Vroecciinsa. 
be  the  SHHie  as  in  other  criminal  cases,  except  so  for  as  modified 
liy  this  Code. 

§4722.  Whenever  ;i  slave  is  a  witness  in  any  cause,  the  court  witnesses 
trying  the  canse,  or  the  Clerk,  previous  to  the'trial,  may  issue  aSd."'*^'" 
Bubpcena  directed  to  the  master  or  employer,  or  person  having 
control  of  such  slave,  requiring  him  to  produce  the  slave  at  the 
time  and  place  of  trial  to  testify  in  the  cause  :  and  on  failure  to 
comply  with  such  subpoMia  the  court  may  order  the  arrest  of 
jBUch  slave,  in  addition  tu  attaching  for  contempt  the  person  fail- 
ing to  comply  with  the  subpcena. 

§  4723.  If  a  slave  is  a  material  witness  in  a  capital  case,   the  iiond  may 
investigating  court  may  require  the  master  or  employer  of  the  ''^  '"*''''*"'*• 


9^^  PT.  4.— TIT.  3.— OllAl'.  1.  -Penal  Code  j-ok  Slaves. 

Article  4. — Trial  of  Ofl'ences. 


slave  to  give  bond  for  liis  appearance  to  testify  in  the  Superior 
Court,  and  on  failure  to  give  such  bund,  tlie  court  niuv  order 
such  witness  to  ])e  imprisoned  until  the  court  sits. 

Tmi  of  ml-  §4724.  Over  all  minor  offences,  anv  three  or  more  Justices  of 
the  J  eace  oi  the  county  where  the  alleged  otience  was  commit- 
ted, or  the  ]\[ayor,  or  Uc(.-urder.  or  Intendent  of  any  incorporated 
city  or  town  in  which  tlje  offence  was  committed,  shall  have  ju- 
risdiction. Any  one  of  them  on  complaint  made  on  oath,  or  iu- 
forjnation  officially  given,  m.iy  issue  a  warrant  for  the  arrest  of 
the  slave  or  free  person  of  color  charged  with  the  offence,  and 
the  subse<iuent  proceedings  shall  be  the  >aiiio  as  in  ordinary 
courts  of  in(]uiry. 

iixteutioL  ur     §4725.  The  judgment  or  sentence  of  the  court  shiili   be  exo* 

wnteiK'n.      i.xii(i(\  by  the  Coustablc  or  Marshal,  <>r  ;»ny  other  i)cr>on  -pecially 
design:itcd  by  the  court. 

jki.t,rsjHt.y.  §472<>.  The  jailor  shall  recei\(' iiM(i  sutely  kc('|>  :iiiy  j>ri~oner- 
under  execution,  in  accordance  with  the  de<;ision  of  tin-  court. 
The  jailor's  fees  and  all  the  cost>  of  trials  shall  l)c  paid  by  the 
owner  of  the  slave,  or  the  guardian  of  the  free  perscjn  of  color, 
if  the  latter  refuses  to  ])ay  such  co.-tf-.  the  free  person  of  color 
may  be  hired  out  until  the  money  is  raised  for  such  ]»uri»oses. 

urf.*/iir/.  §'^"-<'-  If  either  the  prosecutor  or  owner  of  the  slave  or  hi-: 
agent,  or  guardian  of  the  freeman,  shall  be  dissatisfied  with  any 
decision,  judgment,  or  sentence  <jf  tiie  c«»urt  trying  a  minor  of- 
fence, he  may  ffle  written  exceptions  to  such  decision,  judgment 
or  sentence,  which,  if  true,  shall  ]>e  allowed  and  signed  by  the 
court,  and  when  such  exceptions  arc  iiled  and  allowed,  the  court 
shall  postpone  the  execution  of  the  sentence  for  ten  days,  to  ab 
low  the  party  to  apply  to  the  Judge  of  the  Superior  ('ourt  fora- 
writ  of  certiorari.  If  the  writ  is  granted,  the  sentence  shall  be 
susi)en(led  till  final  judgment  on  such  writ,  and  a  new  trial,  if" 
granted,  may  be  had  before  the  same  or  other  Justices.  In  the 
meantime,  the  owner  or  guardian  shall  give  bond  and  security  for 
the  forthcoming  of  the  prisoner,  or  he  shall  be  committed  to  jail. 

•uwri'tiuu        §4728.  On  hearing  such  writs  of  ctrtiorari,  the  Judge  of  the- 
""  ^'      Superior  Court  may  either  grant  a  new  trial  or  else   pass  sueb 
judgments  or  sentence,  as,  in  view  of  the  whole  case,  is  consistent- 
with  justice  and  tlie  ])rincij3les  of  this  Code. 


PT.  4.— TIT.  3.— CHAP.  1.— Penal  Code  fok  Slaves.         928 

Article  5  — Bail — when  Allowed. 

AETICLE  V. 

BAIL— WHEN  ALLOW EI.I. 

Skctiox.  Sectoix. 

4729.  Bail  after  couunitment.  j  4730.  Bail  pending  cerUordri. 

§4729.  When  any  slave,  charged  with  the  commission  of  anyi»aUbyA«» 
wtfence  aginst  the  laws  of  this  State  may  be  committed  tOt^m^T^"" 
jail,  the  owner  of  said  slave,  his  agent  or  attorney,  may  sue  out 
before  the  Judge  of  the  Superior  Court,  or  any  Justice  of  the 
Inferior  Court  of  the  county  where  such  oftence  was  committed, 
the  writ  of  habeas  corpus  for  such  slave  or  slaves ;  and  on  the 
return  of  sudi  writ  of  haheas  corpus,  as  now  directed  by  law,  such 
Judge  of  the  Superior  Court,  or  the  Justices  of  the  Inferior  Court 
presiding  on  the  return  of  the  vrrit  of  habeas  corpus,  may,  in 
their  discretion,  admit  such  slave  or  slaves  to  bail,  in  a  sum  not 
less  than  double  the  value  of  such  slave  or  slaves ;  Provided, 
such  Judge  or  Justices  shall  be  of  the  opinion  that  if  such  of- 
fence or  violation  had  been  committed  by  a  white  person,  it  would 
be  bailable,  and  not  otherwise. 

§4730.  In  all  cases  where  a  slave  or  free  person  of  color,  isjjaUpandia^ 
charged  with  an  offence  not  punishable  by  loss  of  life  or  limb,  ^'^<*''*^- 
and  in  all  eases  where  the  sentence  of  the  Magistrates  trying  a  slave, 
•r  free  person  of  color,  for  any  offence,  does  not  extend  to  loss  of 
life  or  limb,  and  a  certiorari  has  been  procured  to  such  sentence, 
it  shall  be  lawful  for  the  owner,  agent,  employer,  or  guardian  of 
such  slave  or  free  person  of  color  to  bail,  such  slave  or  free  person 
i)f  color,  by  giving  a  bail  bond,  in  the  usual  form,  with  sufficient 
securities,  in  a  sum  equal  to  twice  the  value  of  such  slave  or  free 
person  of  color,  to  the  Magistrates  issuing  the  warrant  against 
such  slave  or  free  person  of  color ;  who  is  hereby  required,  when 
such  bond  and  security  is  given,  to  discharge  such  slave  or  free? 
person  of  color  from  imprisonment. 


APPENDIX. 


LAWS  HAVING  PtEFERKNCE  TO  THE  CITY  OF  SAVANNAH. 

The  city  of  Savannah. 

Corporation  and  jurisdictional  limits. 

Powers  and  rights  of  the  corporation. 

Special  powers  of  the  ]\Iayor  and  City  Council. 

Police  Court  of  Savannah. 

Organization  of  city  government. 

Fire  department  of  Savannah. 

Collection  of  rents — recovery  of  possession,  &g. 

Cemeteries  in  and  near  Savannah. 

Citv  court  of  Savannah. 


Aktici.e 

1. 

AbticlI': 

2. 

Akticlk 

3. 

AiiTicr-K 

4. 

Articli': 

5. 

Artici,i: 

<>. 

Aktici.I': 

7. 

Artici-e 

8. 

Article 

0. 

Artict,k 

10. 

AliTICLE  I. 

THE  OITY  OF  SAVANNAH. 


Hectiox. 
473 L  The  city  as  a  L-orporalion. 

4732.  Maj'or  and  Aldermen. 

4733.  Election  of  Major  and  Aldermen. 

4734.  In  case  of  a  tie. 

4735.  Organization  after  new  election. 

4736.  Chairman  shall  be  elected. 

4737.  Rules  and  regulations. 
473S.  Compensation  of  Mayor. 

4739.  Mayor  and  Aldermen — eligibility. 

4740.  Qualilicalion  of  voters. 


■  Section. 

!  4741.  Election  and  hours  of  voting. 

j  4742.  Registry  of  voters. 

4743.  Manner  of  registering  names. 
I  4744.  Clerk's  duty. 
j  4745.  List  of  votes  to  be  furnished. 
I  4746.  Oath  to  be  administered  to  voters. 
I  4747.  Voting  illegally. 
I  4748.  Creating  riot.  &c. 

4749.  Posse  may  bo  called  out. 


§4731.  The  city  of  Savannah,  as  a  corporation,  shall  continue  f.fyi'^  onii^ 
to  exist  under  the"^narae  and  style  of  the  Hay  or  and  Aldermen  of  poL?on.^°'"' 
the  city  of  Savannah ;  and  by  its  corporate  name  may  sue  and 
defend  in  any  case  where  a  natural  person  might. 


026  APPENDIX. — Laws  ix  kei-ekence  to  the  Citv  of  Savannah. 


Article  1. — The  City  of  Savannah. 


Mayor  and       §4732.  TliG  board  of  Major  and  Aldermen  of  said  city  shall 
EieSa"^!  consist  of  a  Mayor  and  twelve  Aldeniien,  to  be  chosen  by  ballot 
"^™''^'"^"' on  the  second  Monday  in   October,  annually,  by  votes  of  those 
entitled  to  vote  at  such  elections  ;  and  the  board  of  Mayor  and 
^  ,^^ij,^.^    Aldermen  sliall  hold  tlieir  offices  until  their  successors  are  dulv 
elected  and  <|ualitied.     A   quorum  for  business  shall  consist  of 
seven  Aldermen  and  tlie  ^layor,  or  presidiuii"  chairman,   except 
in  the  months  of  July,  August,  Sei>teml)er  and  Octoljer,  when  a 
majoi'ity  of  the  Aldermen  in  tlte  city  shall  sutHce. 
Mayor a:Ki        ^  473o.  Tlic  Mavor  aud  tlio  Aldemieu  shall   be  separately  de- 
hovvXctc^.  signated  on  the  ticket;  and  the  candidate  for  Mayor  receiving  a 
inajority  of  the  votes  for  that  office,  sliall  be  declared  elected ; 
and  the  twelve  wlio  sliall  receive  the  highest  number  of  -f otes  for 
Aldermen  shall  constitute  the   board   of  Aldermen  :  Piutohfed, 
that,  should  there  be  a  failure  to  elect  twelve  Aldermen  by  reason 
of  several  candidates  receiving  the  same  number  of  votes,  then 
in..f»..f.   those  elected  shall  proceed  at  their  lirst  meeting,  and  after  their 
'*"■  qualification,  to  elect  the  number  necessary  to  constitute  twelve, 

out  of  such  number  as  shall  have  received  the  equal   number  of 
votes  as  aforesaid. 
iBcaeeef »       §4734.  In  case  of  a  tie  in  the  vote  for  Mayor,  cr  if  there  l>e 
?ie*"fo*-AT   niore  than  two  candidates  for  Mayor,  and  no  candidate  shall  re- 
'i*rmen.       ceivc  a  majority  of  all  tlie  votes  for  that  office,  the  board  of  Al- 
dermen, after  having  completed  its  own  organization,  shall  elect 
the  ]\Iayor  from  among  those  who  were  candidates   before   the 
people  for  the  oflice  of  flavor  ;  and  in  case  of  a  vacancy  in  the 
office  of  Mayor,  by  death,  resignation,  or  otherwise,  the  lioard  of 
Aldermen  shall  elect  from  their  own  body  a  Mayor  for  the  resi- 
hnwftnp7    due  of  the  term ;  and,  in  case  of  a  vacancy  in  the  office  of  Al- 
derman, from  any  cause,  it  shall   be  lawful  for  the  board  to  till 
the  vacancy,  the  person  chosen  having  a  majority  of  the  votes  of 
Aldermen  ])resent. 
Nevriycic.i-      §4735.  Tlic  ucwly  elected  Mayor  and  Aldermen  shall  meet  on 
an^Afckr-    ^^^^  ^^'^^  Mouday  after  their  election,  for  orj^anization  ;  and  each 
rnon— or-      Aldcrman  shall  take  the  following  oath:  '*  I  do  solemnly  swear 
an.ioat'h!"     (or  affirm)  that  I  will  faithfully  execute  the  duties  of  an  Alder- 
man of  the  city  of  Savannnh.  according  to  the  laws  of  the  State 
and  the  ordinances  of  the  city,  to  the  best  of  my  ability  and  un- 
derstanding."    The  same  oath  shall  be  taken  by  the  Mayor,  sub- 
stituting the  word  "Mayor  "  for  '*  an  Alderman.*" 
A  ciiainiun       §  4730.  Whcu  Organized  according  to  law,  the  board  shall  elect 
*i'(fcted'        '^  chairman,  who  shall,  in  case  of  the  absence,  death  or  resigna- 
tion of  the  Mayor,  be  vested  with  all  his  power  and   authority, 
and  execute  all  the  duties  pertaining  to  the  office ;  and,  in  the 
absence  of  both,  a  chairman  j>r(>  ^e';/?^>^/v\  chosen   by  the  board, 
shall  have  the  like  power  and  authority. 
UaiMand        §  4737.  The  Mayor  and  Aldermen  shall  have  power,  from  time 
wgui.tionf.  to  tii^ie,  to  adopt  all  rules  and  regulations  for  their  own  govern- 
ment, and  the  orderly  dispatch  of  business. 


APPEXDIX. — Laws  ix  kkfekenck  to  uii:  Cmy  of  Savannah.   0'27 

\n\c\e  1. — The  Citj-  oC  t^.ivaimah. 


§i738.  ThcMayursballreceivesiic.il  salary  or  compeiitiation  componM- 
;tbr  his  services,  payaMc  out  of  the  City   Treasury,  as  the  City  ,\r.'"'*'^'''" 
•T'ouncil  may  determine. 

§4739.  Xo  person  shall  he  eligihle  to  the  office  ol"  ]\Iayor  or '"•.''j^'Waty 
Alderman  ol*  Savannah,  who  is  not.  at  the  time  of  election,  acit-Hn.i  amTi- 
izen  of  the  Confederate  States,  and  t-hall  not  have  resided  in  the'"'""" 
State  of  (ieorgia  for  one  year  imiricdiatcly   [.receding'  the  elec- 
tion, and  continued  to  do  s6upto  the  time  of  election,  and  within 
the  corporate  limits  ol'  Savannah,  at   least  six  months  immedi- 
iitely  preceding  the  election ;  and   who  shall  not  have  paid  all 
^•ity  taxes,  or  have,  in  hi->  own  I'ight.  ^utlicient   real  e;-tate  to  sat- 
isfy all  such  taxes. 

§4740.  All  j^ersons  shall  ho  (pialilied  to  vote  at  eleclions  for  •^I'^i'fi''''^^"' 
Mayor  and  Aldermen  of  the  city  of  Savjinnah.  who  are  citizens"'  "  '^ 
of  the  Confederate  States,  have  resided  in  this  State  f(»r  one  year 
/'nimediately  preceding  the  election,  and  continued  to  do  so  up 
to  the  time  of  election,  and  within  the  corporate  limits  of  Sav- 
lannali  for  one  month  immediately  preceding  their  regi.^tration, 
^nd  four  mojtths  before  the  election,  who  have  attained  the  age 
•of  twenty-one  years,  and  have  paid  all  city  taxes,  or  have,  in  their 
.own  right,  sutticient  real  estate  to  satisty  any  tax  executions 
which  may  be  issued  against  them  ;  who  shall  have  made  all  re- 
turns re(piired  by  the  ordinances  of  the  city,  and  have  been  regis- 
tered according  to  law. 

§4741.  Elections  for  Mayor  and  Aldermen  of  Savannah  shall  Rieotion*- 
i)C  held  at  the  court-house  in  said  city,  between  the  hours  of  seven  "^'^"♦'"^'* 
in  the  morning  and  six  in  the  afternoon,  under  the  snperinten- 
<lence  of  the  Justices  of  the  Inferior  Court  of  C-hatham  county, 
and  the  Justices  of  the  Peace  in  said  city,  or  any  three  or  more 
of  them;  but  no  person  holding  an  office  of  protit  or  emolument 
under  the  corporation  of  Savaniiah,  shall  be  competent   to  pre- 
side ;  and  it  shall  be  the  duty   of  the  presiding  aMagistrates  to 
certify  the  result  of  all  such  elections,  on  tally   sheets  for  tha 
purpose  to  be  made  out.  which  tally  sheets  shall  be  delivered  to 
the  Mayor,  or  Clerk  of  Council,  three  days  before  the  lirst  meet- 
ing of  the  board  elect. 

§4742.  The  Clerk  of  the  Common  Council  of  the  city  of  Sav-  Ko.fM.y  • 
:annah,  and,  in  case  of  his  sickness  or  absence,  any  officer  dulv'""'" 
■elected  and  appointed  by  tlie  Mayor  and  Aldermen,  or  a  major- 
ity of  them,  i;»r  that  ]>ur[)ose,  shall  o])en  a  list  for  the  regi.^tration 
of  voters  on  the  lii-st  Moiulay  in  January  of  each  and  every  year, 
which  list  shall  be  kept  open  until  two'o'clock  in  the  afternoon 
■of  the  first  Monday  in  Sei»rember  ensuing,  when  it  shall  be  fiimllv 
-md  absolutely  closed. 

§474?).  It  shall  be  the  duty  (»f  such  clerk  or  officer,  upon   the  Mam,,-.- ..f 
application,  in  person,  and  not  by  proxy,  of  any  i)erson  entitled ;;';"d'^,\?;"i;:f,,. 
•to  vote  as  aforesaid,  within  the  time  jirescribedfor  the  list  to  be  ij;;"  "^  i^'^'- 
liept  oi>en.  to  registei-  the  name  of  such  person,  expressing  in  such  '""' 
registry  his  name,  ago,  ocou]>ation  or  lousiness,  and  the  place  of 


928  APPENDIX. — Laws  in  keference  to  the  City  of  Savannah. 


Article  1. — The  City  of  Savannah. 


Applicant 
iiuy  bo 
sworn. 


Uutv  of  tlu- 
Clerk. 


.\  list  of  the 
imiaes  reg- 
istered to  bo 
furnished 
iMttTiagors. 


Oath  of  vo 
ters. 


his  residence  in  the  city  of  Savannah,  which  shall  be  entered  by 
the  clerk  or  officer  on  said  list,  op]X)site  the  name  of  each  appli- 
cant— the  applicant  first  payino;  to  the  Clerk  of  Council,  or 
other  officer  as  aforesaid,  for  the  City  Treasnr}^,  the  sum  of  one 
dollar,  which  shall  be  in  lien  of  the  poll  tax  now  paid  ;  but  no 
person  shall  be  entitletl  to  re«:;istry,  when  his  continued  residence 
within  the  State  (tannot  be  one  year,  and  within  the  corporate 
limits  four  months,  immediately  precedini;^  tlie  election.  The 
Clerk  may,  in  any  case,  administer  an  oath  to  the  applicant, 
touchinji^  liis  right  to  be  registered, 

§474Jr.  It  shall  be  the  duty  of  said  clerk,  or  other- officer,  to 
arrange  and  publisli  a  list  of  the  names  so  registered  in  alphabet- 
ical order,  in  one  of  the  gazettes  in  the  city  of  Savannah,  at  least 
once  a  month  from  the  first  ^londay  in  January  to  the  Tuesday 
after  the  first  Monday  in  October  in  every  year,  and  to  affix  and 
keep  an  alphabetical  printed  list  of  the  names  of  all  registered 
voters  at  the  door  of  the  court-house  and  the  Exchange  in  Sav- 
annah, for  one  week  from  the  Tuesday  after  the  first  ]\Ionday  in 
October  of  every  year;  l>ut,  in  said  list,  it  shall  not  be  necessary 
for  said  clerk  to  publish  the  age,  business,  or  place  of  residence, 
of  such  voter. 

§474.5.  It  shall  be  the  duty  of  the  Clerk  of  Council  to  furnish 
to  the  Magistrates  presiding  at  the  election  of  Mayor  and  Al- 
dermen of  Savannah,  at  the  opening  of  the  polls  on  the  day  of 
said  election,  a  complete  list  of  all  the  names,  arranged  in  alpha- 
betical order,  which  shall  have  been  registered  according  to  the 
foregoing  ])rovisions,  together  with  the  age,  occupation,  or  busi- 
ness, and  place  of  residence  in  Savannah,  of  every  person  whose 
name  is  so  registered  at  the  time  of  such  registration,  certified 
under  the  hand  of  said  clerk,  and  the  corporate  seal  of  Savan- 
nah, wich  list  shall  be  kept  before  the  presiding  Magistrates  du- 
ring such  election  :  and.  when  said  election  is  over,  it  shall  be 
deposited  in  the  office  of  said  Clerk  of  Council,  to  be  safely  kept 
by  him. 

§474<'>.  The  presiding  ^Magistrates  shall  be  authorized  to  ad- 
minister the  following  oath  to  any  person  attempting  to  vote : 
•*  Von  do  solemnly  swear  that  you  are  a  citizen  of  the  Confederate 
States :  that  you  have  resided  in  the  State  of  (reorgia  for  one 
year,  immediately  preceding  this  election,  and  within  the  corpo- 
rate limits  of  the  city  of  Savaimah,  for  the  last  four  months  ; 
that  you  are  twenty-one  years  of  age  ;  that  you  have  paid  all 
taxes" due  the  city  of  Savannah,  or  have,  in  your  own  right,  suf- 
ficient real  estate  to  satisfy  any  executions  against  you;  that  you 
have  made  all  returns  re([uire*d  by  the  ordinances  of  the  city  ; 
that  yon  have  been  duly  registered  within  the  time  prescribed 
by  law,  and  that  you  have  not  yet  voted  this  day.  So  help  you 
God."  Any  person  conscientiously  opposed  to  taking  an  oath, 
mav  affirm  to  the  same  tenor. 


APPENDIX. — Laws  in  kefkkence  to  tuk  City  of  Savannah. 


Article  1.— The  City  of  Savannah. 


§4747.  Any  person  voting,  or  attempting  to  voteatsucL  dec- ijiegai  to- 
tion,  not  qualilied  to  vote,  shall  be  gnilty  of  a  misdemeanor,  and,  '"'^' 
un  convictit)n  Viefore  tlie  Superior  Court  of   Chatham  county, 
sihall  be  punished  by  line  or  imprisonment,  or  both,  at   the  dis- 
cretion of  the  court. 

§4748.  The  presiding  Magistrates,  or  any   one  of  them,  si i all  May  be  com- 
be authorized  to  commit,  instanter,  to  the  common  jail,  any  un-™"^''*° 
qualilied  person  offering  or  attempting  to  vote  as  aforesaid,  and 
any  })erson  attempting  to  commit,  or  actually  committing  an  act 
of  violence,  at  or  al>out  the  polls  or  place  of  election  ;  and  any 
person  attempting  to  create,  or  actually  creating  a  riot  or  distur-  ^:''tf^'"fL* 
bance  at  or  about  the  })olls,  or  place  of  election,  by  verbal  order  tempun?  ui 
issued  to  any  officer  of  the  county  or  city,  or  by  warrant  under  ^'"'"' 
his  or  their  hand,  addressed  to  all  lawful  officers  of  the  county 
and  city,  or  to  any  private  person  specially  named    therein  ; 
P/'Ovi(IeJ,  that  any  person  so  committed,  sh.all  be  entitled  to  be 
discharged  or  admitted  to  bail  upon  examination  according  to  law, 
at  any  time  after  ten  o'clock  on  Tuesday  after  the  second  Monday 
in  October  ;  And  provided,  furfJicr,  that  no  person  committed 
upon  verbal   order,  as  aforesaid,   shall  be  detained  in  jail  more 
tlian    twenty-four  hours,   unless   a   written  detainer  l»e  lodged 
against  him. 

§  4740.  .Vny  officer,  upon  the  receipt  of  the   verbal  order,  as  Arre»t-by 
aforesaid,  or  any  officer  or  private  person  specially  named,  upon ^'^*"" ™**'*'' 
the  receipt  of  the  warrant,  as  aforesaid,  shall  be  authorized  to  re- 
quire the  assistance  of  a  posse  ;  and  any  officer  of  the  city  or  J:^®^;,'" '^ " 
county  refusing  or  neglecting  to  obey  such  verbal  order  or  writ- 
ten warrant,  shall  be  guilty  of  a  misdemeanor,   and,  on  convic- 
tion before  the  Superior  Court  of  Chatham  county,  shall  be  pun- 
ished by  tine  or  imprisonment,  or  both,  at  the  discretion  of  the 
court ;  and  it  shall  be  the  duty  of  the  Magistrate  or  Magistrates, 
giving  such  order  or  issuing  such  warrant,  to  present  the  offend-  . 
ing  officer  to  the  grand  jury  of  the   Superior  Court,  at  its  ensu- 
ins:  term. 


AKTICLE  II. 

(;uRr(  HiATlO  AND  JURISDICTIONAL  LfMITS. 

Ssoriox.  Skctiox. 

4750.  Corporate  limits-  of  Savannah.  :  4'? 5:?.  Subjects  of  jurisdiciiou — appeal. 

4751.  Citizenship.  4754.  Stores,  shops  and  bar-rooms. 

4752.  .Turi.sdietioii. 

§  4750.  The  corporate  limits  of  tiie  city  of  Savannah  shall  corporate 
continue  to  be,  and  the  same  are  hereby  defined,  as  follows,  to''""'yfSa- 
wit :  beginning  at  a  point  on  the  Western  side   of  the  mouth  of^""" 
Bilbo's  canal,  and  running  thence,  in  a  direct  line,  to  a  granite 
stone  near  the  culvert  on   Thunderbolt  road,  and  whicli  stone 
59 


930  APPENDIX. — Laws  in  keference  to  the  Citv  of  Savannah. 


Article  2. — Corporate  and  Jurisdictional  Limits. 


marks  the  line  of  the  .present  city  limits,  theuce  along  the  North 
side   of    Thunderbolt   road,   the   West  side    of    Water's  road, 
trhe  North  side  of  Lovers  lane,  and  its  line  prolonged  to  the  line 
of  Springfield  plantation,  thence  along  the  boundary  line  of  said 
plantation   to  the  bifurcation   o^   the  Augusta   and   Louisville 
roads,  and  thence  to  «  point  on  the  river  bank,  ten  chains  AY  est 
of  AVilliatii  I>.  (riles  i^-  Co's.  mill,  thence  along  the  line  ])rolong- 
ed  to  Hutchinson's  Island,  thence  along  the  shore  of  Hutchin- 
son's Island  to  the  eastern  end   of  it,  thence  to  the  point  of  be- 
ginning. 
rit)>f.nfh)r..      ii47.'>l.   All  persons  residing  within  saul  defined  limits  shall  be 
entitled  to  the  ])rivileges  of  citi/ccnship,   under  the  same  condi- 
tions and  restrictions  as  the  residents  of  the  wards  already  laid 
out :  and  all  persons  and  property  within  the  said  defined  limits, 
shall  be  subject  to  and  bound  by  all  the  ordinances  and  regula- 
tions of  the  Mayor  and  Aldermen  of  said  city,  now  of  force  and 
Prorixo.      hereafter  to  be  ordained  and  established  :  with    this    Provm), 
nev('iih'li sK,  that   the  said   corp(»rate   authitrities  shall   have   no 
power  to  tax  any  (»f  the  lands.,  or  other  property  within  said  de- 
fined limits,  not   new   liable  to  taxation,  except  where  the  plan 
of  the  city  is  now,  or  !^hall  hereafter  be  regularly  and  bona  jifh 
extended  over  such  limits, 
.mriBdietion.      §4752.  The  said  Mayor  and  Aldermen  shall  have  jurisdiction 
over  vessels  and  rafts  lying  in   the  river  Savannah,  between  said 
city  and  Tyl>ce.  and  their  res]>ectivo  crews;  and  all  porters  work- 
ing on  board  such  vessels,  shall  be  subject  to  the  ordinances  of 
said  city  in  regard  to  badges,  and  to  porters  and  laborers. 
.     J  §4753.  The  iurisdictional  limits  of  Savannah  shall  extend  one 

rtonai  limits  mile  (>evond  the  abo\e  defined  corporate   limits,  so  as  to  enable 
^*  ^'  the  Mayor  and  Aldermen,  by  ordinance,  to  prohibit  the  cultiva- 
tion office   within  said  extended  limits;  and  any  per.-on   ag- 
Appe.'W     ■  grieved   by  the  action  of  Council   in  this  respect,  may  appeal 
from  any  such  proceeding   to  the  Superior  Court  of  Chatham 
county,  the  appeal  to  be  tried  by  a  special  jury  ;  and  the  onh' 
point  in  issue  on  such  trial   shall  be  :   Is  the  cultivation  of  rice 
in  the  place  jirohibited  injurious  to  the  health  of  any  portion  of 
the  citizen^  or  inhalntants  of  Savannah '.  And  if  such  issue  shall 
be  determined  in  the  negative,  then  the  prohibition  shall  be  null 
and  void,  and  not  otherwise. 
.TnrtsdicHon      §  4754.  The  jurisdictional  limits  of  said  city  shall  extend  two 
"  to^storcs.  mil^s  beyond  the  above  defined  corporate  limits,  so  as  to  give  to 
ba?-^ma.    Said  Mayor  and  Aldermen    the   control   and   regulation  of  all 
shops,  stores  and  bar-rooms,  and  the  sole  regulation  and  power  of 
governing  and  directing  taverns,  and  granting  licences  for  re- 
tailing li<iuors  M'ithin  such  limits,  and  of  preserving  peace  and 
good  order  therein  on  the  Sabbath,  under  such  rules  and  regu- 
lations, as  from  time  to  time  mav  be  deemed  advisable. 


APPENDIX. — La-ws  in  kefekence  to  the  Cttt  of  SAXAmfAH.  981 

Article  3. — Powers  and  Rights  of  the  Corporation. 

ARTICLE  III. 

POWKRR  .\N-p  ItlGirTS  OF   THK  roilPOKATION 

Section.  'Sectio.v. 

4755.  B\--jaws.  [  4<6T.  Major  and  Aklermeu — powots. 

475G.  Taxation.  -1768.  Pavements  and  sidewalks. 

4757.  DebtP  dne  the  city — dignity  ol.       j  4709.  Exemptions  of  persons  and  prop'ty. 

4758.  Streets,  wharve.s,  lancp,  <tc.  4770.  Persons  convicted — how  punished. 

4759.  System  of  drainap:e.  i  4771.  E.\-emption3  from  militia  duty. 

4760.  Public  marlvct.  I  4772.  Jail  of  Chatham  conntv. 


47G1.  Jfay  borrow  money. 

4762.  May  hold  real  and  per:§ouai  estate. 

4763.  Police  ollicers — app'ntm'taud  pav. 

4764.  Shops,  taverns,  bar  rooms,  ^;c 

4765.  Pains  and  penalties. 

4766.  P'ines — liow  collected. 


4773.  Rules  and  regulations  of  the  jail. 

4774.  Erection  of  jail. 

4775.  Jail  fees. 

4776.  Ordinances  continued. 

4777.  How  ev)denc€'<l. 


§4755.  The  Mayor  uiul  Aldcniieu  of  said  city  shall  have  M„y estab- 
power  and  authoritv,  from  time  to  time,  to  make,  ordain  and  I'^i^  ^r-'a^s- 
establisli  such  by-laws,  ordinances,  rules  and  regulations  as  shall 
appear  to  them  requisite  and  iiccessary  for  the  security,  welfare 
and  convenience  of  the  said  city  and  its  inhabitants,  and  for  pre- 
serving hcaltli,  peace  and  good  government  within  the  limits  of 
the  same. 

§475t>.  The V  are  also  hereby  vested  with  full  power  and  an- 'I'axattoD. 
tbority  to  make  such  a^BeBsmentb  and  lay  such  taxes  on  the  in- 
habitants of  said  citv,  and  those  who  hold  taxable  property 
within  the  same,  and  those  who  transact  or  oli'er  to  transact 
business  tlicrein,  ay  said  corporate  authorities  may  deem  expe- 
dient for  the  safety,  benefit,  convenience  and  advantage  of  said 
eity,  and  may  enforce  the  payment  of  such  assessments  and  taxes 
in  such  inanner  as  said  Mayor  and  Aldermen  may  prescribe. 
Besides  real  and  }>crsonal  property,  the  said  Mayor  and  Alder- 
men may  tax  caj)itHl  invested  in  said  city,  stocks  in  money  cor- 
porations, choscs  in  action  ;  income  and  commissions  derived 
from  the  pursuit  of  any  profession,  faculty,  trade  or  calling; 
dividends;  bank,  insurance,  express,  and  other  agencies;  and  all 
other  ]>roperty  or  sources  of  prolit  not  expressly  prohibited  or 
exempt  by  State  law  or  competent  authority  of  the  Confederate 
States. 

§4757.  Taxes  and  assessments  due  to  said  citv  shall  rank  as  liantc  of  tax 
debts  due  to  the  public,  whetlier  in  the  administration  of  the  as- due  the  .jty. 
sets  of  a  decedent,  or  otherwise  ;  and  tax  executions  m  tVivor  of 
the  city  shall  have  the  same  lien  on  property  throughout  the 
State  as  judgments  have  by  law. 

<^  4758.  They  shall  also  have  power  and  authority  to   widen,  pottck  or^v 
extend  or  straighten  any  street,    lane,  way  or  square  in  saidtS^ 
city;  and  to  open,  lay  out  and  establish  any  new  street,   lane, '^'''''■''*'*'*'"~ 
vray  or   square    -within    the    limits  of    said  city;    to    remove 


932  AFPE2SJ)1X. — Laws  in  keferenck  to  the  CriY  of  Savannah. 


Article  3. — Powers  and  RightB  of  tJie  Corporation. 


all  nuisance^,  and  all  encroachniciits  by  wharves,  erections  or 
obstructions  of  any  kind  along  the  line  of  the  river,  or  along  or 
upon  any  street,  lane,  way  or  place ;  but  whenever  said  Mayor 
and  Aldennen  shall  exercise  the  power  to  widen,  extend  or 
Htraighten  a  street,  lane,  way  or  sqnare,  or  to  open,  lay  out  and 
eHtabli^ll  any  new  i-treot,  lane,  way  or  iinuare,  to  the  injury  of 
private  right,  thov  t-hall  a])[>oint  iive  ireeholders,  who  shall  assess 
the  damages  sustained  or  the  benefits  or  advantnges  derived  by 
the  owner  or  owners  of  the  lot  or  lots  fronting  on  said  streets, 
lanes,  ways  or  squares  so  widened,  extended,  straightened. 
opene<l,  laid  out  or  established,  with  ]»ower  and  authority  to  said 
Mavor  and  Aldermen  to  enforce  the  award  or  decision  ;  but  the 
owner  or  owners  of  land  alfected  by  such  decision  shall  have  the 
right  to  appeal  therefrom  to  a  special  jury  in  the  Superior  Court 
of  Chatham  <'ounty,  whose  verdict  in  the  premises  shall  be  con- 
clusive. 
Ryeiem^f  g  47r)i>.  Tlic  said  j\[ayor  aiid  Aldermen  shall  also  have  power 
di*i.n«..,  ^^j  establish  a  complete  system  of  draimigc  in  and  around  said 
city,  for  the  health  and  comfort  of  its  inhabitants;  but  in  cases 
where  private  ]>roj>crty  may  be  taken,  or  private  right  be  in- 
jured for  such  }>urpo=e,  the  same  proceedings  for  assessing  and 
payinir  the  damage  incurred  shall  l)e  had  as  are  pointed  out  in 
the  foregoing  section. 

^4T*'><i.  They  shall  also   have  the   complete  control  and  man- 

PubUo  mar-  ^  .      ,  *'  ,  ,.  i      .  i  .1  ..1      ^ 

w«t  agomcnt  ot  the  jwesent  public  market,  ami  any  other  that  may 

be  establi.-hed  in  said  city,  and   the  regulation  of  the  same,  and 
of  sales  and  purchases  therein. 
May  b-.iTow      ^4701.  The  Said  Mavor  Mud   .Mdcrmen   shall  have  j>ower  to 
ondioau      bon'ow  moucv  and  contract  loans  lor  the  public  gctod  andtosub- 
scribe  tor  works  ot  internal   improvemeiit  which,  in  tlieir  judg- 
ment, may  be  to  theintere-t  of  said  city,  and  to  issue  bonds  and 
pledge  the  ]tro]terty,  faith  and  credit  of  the  city  for  the  payment 
of  such   subscriptions;  ProvUhiL  no  subscription   or  outlay  of 
money  .<hall  be  made  for  any  such  work  out  of  the  city,  except 
pmvIso.       upon  "the  recommendation  of  a  public  meeting  of  the  citizens  of 
JSavannah,  called  for  the  jturpose  ;  and  all  bonds  heretofore  is- 
sued by  said  Aldermen  and  still  outstanding  are  hereby  declared 
legal  and  valid. 
Mayhoio         §  ■4702.  The  said  city,  in  its  corporate  capacity,  may  hold  real 
real  and  per- and  personal  property,  and   may  sell  and  dispose  of  all  or  any 
sona^pio-     pj^j-t;  ,,t' t^l^^.  domain,   property,   land,  lots,  or  any  personal  pro- 
perty to  it  belonging,  from  time  to  time,  on  such  terms  as  to  said 
corporation  shall  seem  expedient;  but  no  street,   lane,   or  thor- 
oughfare, after  having  been  dedicated  to  public  uses,  (including 
all  present  dedications,)  shall  be  aliened  by  said  corjjoration,  ex- 
cept bv  authority  of  the  General  Assembly,     All  rights  of  pro- 
perty existing  in  said  corporation  at  the  adoption  of  this  Code, 
are  hereby  expressly  reserved  to  it. 


API'ENDIX. L.UVS  IN  REFERENCE  TO  THE  CiTY  OF  SaVANNAII.    933 


Article  3. — Powers  and  Rights  of  the  Corporation. 


§4763,  The  fiaid  Major  and  Aldermen  eh-Al  have  power  to  poI'c*  «>ffi- 
appoint  all  such  officers  under  them  as  they  may  deem  proper  JTo'uiu^t 
for  the  police  and  g*x>d  government  of  f^aid  city,  and  to  make  all  ""'*''*''• 
such  rules  and  regulations  for  the  government  and  compensation 
of  such  officers  as  said  Mayor  and  Aldermen  may  deem  ])roper. 
Besides  commissioners  of  pilotage,  they  may  also  apjwint  the 
harbor  master,  vendue  master,  port  wardens,  health  oiiicers,  in- 
spectors of  every  sort,  gaugers  and  measurers,  and  hx  their  du- 
ties and  compensation  :  but  all  appointments  to  office,  under 
said  Mayor  and  Aldermen,  existing  at  the  ado])tion  of  this  Code, 
shall  continue  until  the  incumbents  of  said  offices  respectively 
shall  be  su])erceded  by  expiration  of  the  term  of  the  same  res- 
pectively, or  by  resignation,  or  liy  authority  of  law,  or  by  ordi- 
nance of  naid  city,  for  incapacity  or  im])roper  conduct,  when  said 
Mayor  and  Aklermen  are  not,  by  this  Code  or  by  other  statutory 
enactments.  <'r  by  the  C'onstitution  of  this  State,  ]>revented  froni 
declaring  a  vacancy. 

^47H4.  The  said  Mayor  and  Aldermen  shall  have  the  control  shops,  tav- 
and  regulation  of  all  shops,  taverns,  stores  and  bar  rooms  within  aJj^Vr'*"'* 
the  corporate  and  jurisdictional  limits  of  said  city  and  the  regu-'""^'"^ 
lation  of  tavern  licenses  and  licenses  to  retail  liquor,-  within  the 
?atne ;  and  also  the  }>ower  to  regulate  the  conduct  of  peddlers 
and  itinerant  tradei's  within  the  same  limits, by  taxation  or  other- 
wise.    They  thall  also  have  the  power  to  j)ass  all  ordinances, 
rules  and  regulations  proper  or  necessary  for  the  government  of  slaves  and 
slaves  snd  free  person   of  color  within  the  city  and  its  juried ic-^"',!^,^'*""' 
tional  limits. 

§4765.  Tliey  ^]^ali  have  power  and  authority  to  impose  and  I'aine  an* 
inflict  such  painr-,  ]>enalties  and  fm'feitures  for  violations  of  the''""""'*'** 
by-laws  or  ordinances  of  the  city  as  shall,  in  their  judgment,  be 
conducive  to  the  good  order  and  government  of  said  (dty ;  Pi'o- 
videdy  that  no  line  or  forfeiture,  for  one  individual  oilenee,  shall 
exceed  one  hundred  <lollars,  and  no  imju'isonment  shall  be  for 
more  than  tliirty  day^  ;  although,  the  said  Mayor  and  Aldermen 
may  impose  and  inliict  several  and  distinct  fines  and  imprison- 
ments, at  the  ^ame  meeting  of  Council,  for  several  and  distinct 
offences. 

§476().     Fines,    penalties  and  forfeiture!-  shall  be  levied    by  Fines  and 
warrant  or  execution  of  distress,  and  sale  of  the  olfender's  goods  {If, wwUm^- 
and  chattels,  if  any  to  be  found  ;  otherwise,  c»f  lands   and   tcne-*"^^- 
ments  ;  and,  in  case  of   no  such  property,  then  the  defendant 
may  be  imprisoned  in  the  common  jail,  or  made  to  do  public  siave  «•  free 
work  as  hereinafter  provided  ;  and,  in  the  case  of  slaves  or  free{^r'^°'^*^' 
persons  of  color,  corporal  punishniient  may  be  inflicted. 

S  4707.  The  Mavor.  or  anv  one  Alderman,  shall  be  vested  with  ^in/o»-  and 
toe  power  oi  a  -lustice  ot  the  1  eace,  so  as  to  enable  Inm,  witlnn  vested  with 
the  corporate  and  jurisdictional  limits  of  the  city,  to  suppress  of*j.^^* 
riots  or  brcafhes  of  the  peace,  arrest,  confine,  or  bind  over  offen- 


934  APPENDIX, — L^ms  in  kkkekknck  to  the  Ohy  of  8ava2<naji. 


Article  3. — Powers  and  Rights  of  tlie  Corporation. 


(lers  ai2:aiTist  the  laws  of  the  State,  to  answer  for  j^uch  offences 
before  the  |>ro[»cr  tribunal. 
I'av.jiuonta       ,^  "ITOS.  Said  -ATayor  and  Aldermen  .-hull  have  power   to  order 
w^f*'^      such  ])aveuiont.s  and  t-ide-walks,  and  i'ci»airs  of  the  same,  as  they 
may  deem  i)roi>er ;  and,  upon  the  failure  of  any  person  to  com- 
ply with  such  order  within  the  time  ]treHcribed,  the  said  Mayor 
and  Aldermen  may  have  the  same  done,   and  levy  and  collect 
the  expenses  thereof,  by  execution  airainst  the  lands  and  i^oods 
and  chattels  of  the  owner  of  the  lot,  whether  holdiui;  the  same 
under  lease-hold  title  I'rom  the  city,  or  ])y  title  otherwise  <lerived. 
Mayor,  Ac,       §  4701>.  The  Mavor  and  Aldcrmeu.   during  their  continuance 
Jn^dnty""^  ill  office,  shall  be  exempt  from  jury  duty:    and  the  Spriucrfield 
plantation,  and  all  other  ]>roperty  of  the  city  now  exempt  from 
taxation  by  the  State,  shall  continue  to  bo  so  exempt. 
Personecou-      §4770.   Tlicv  sliall  liavc  powor   to  establi.-ih  work-houses  audi 
fonwIUhow^''^''^^""*'^''^'  and  to  cause  labor  and  conlinetnent  therein,  and  also 
i«ini*bed.     on  the  public  streets,  squares  or  lane.-,  l>y  persons  whether  white 
or  colored,  convicted  of  offences  airainst  tlic  ordinances  of  the 
city,  or  laws  of  the  State  in  relation  to  said  city. 
rcreoDs  IN-      §4771.  The  officers  and  jirivates  »>f  the  l\»lice,  or  City  Watch 
^j^tV.f7J"y  (>f  Savannah,  shall  be  exempt  froni  the  ])crformancc  of  militia 
duty  under  the  peace  e.-tablishmoit  of  this  State  ;  and  they,  and 
the  Euirineer  and   Assistant  Kiii,'inecr  of  tlie  Savannah  water 
works  shall  be  exempt  from  jui-y  duty, 
•rhciaii  of       §4772,  The  jail  of  Chatham  county  shall  conlinnc  as  hereto- 
ohathatn      Wn'o  uudcr  the  direction,  control  and  nuiuaizement  of  the  Mayor 
and  Aldermen  ot  Savannah,  wjth   all   the   nixht-   :ind  duties  ul 
commissioners  of  the  same,  and  with  power  to  them   to  appoint 
a  jailor  and  other  necessary  officers,  for  a   term   not  exceeding 
three  years ;  wliicli  said  jailor  and  otlier  officers  shall  respec- 
tively jj^ive  such  bond,  and  be  allowed  sudi  «-ompensation  as  the 
Mayor  and  Aldermen  shall  by  <>r<linance  prescribe,  and  which 
said  jailor  and  other  ttfficers  shall   bi-   removable   from  office  by 
said  ^[ayor  and  .Vldermen,  fcir  any   misc«.ndiu't    which   -hall,  in 
their  opinion,  furnish  sufficient  (•aus.c.  ', 

B^ics  aad        §  4778.  And  said  Mayor  and   Aldermen   .-hall   ha\  e  j)uwer  t»^ 
J^'^ua"'^  l>ass  all  ordinances,  resolutions,  rules  and  reirnlations  for  tlie  r^- 
iiio.iaii.  "    ulation  of  the  jail  and  the   go\ernment  <>f  tlie  jailor  and  other 
otlicers.  and  all  perstms  contined  within  .-aid  jail,  as  saiii  Mayor 
and  Aldermen  >hall  tVom  time  to  time  deem  j)roper,  and  as  shall 
not  be  repugnant  to  law  ;  and  the  jailor  shall  be  answerable  for 
all  escapes  from  such  jail,  to  the  same  extent  and   in  the  same 
manner  as  the  Sheriff  or  other  kee]ier  of  a  jail  may.  by  the  i;en- 
eral  law,  be. 
Tj.w8for<h,.      §4774.  All  laws  of  force  for  the  ercetioji  of  any   new  jail  b/ 
B^a"*"^    the  Justices  of  the  Inferior  Court  of  Chatham  county,  are  here- 
by continued  in  force :  but  such  new  jail,   when   erected,  .-hall 
become  the  jail  of  said  county,  under  the  direction,  control  and 
management  of  said  ^fayor  and  Aldermen,  as  in  the  j)receding; 


APPENDIX. — Laws  in  kkkekenck  to  the  City  ov  Savanxau.  935 


Article  '^. — Powers  and  Rights  of  the  Corporation. 


section  mentioned ;  but  the  said  jail  shall  be  subject  at  all  times 
to  the  visits  and  inspection  of  said  Justices,  and  of  the  grand  in- 
quests of  the  said  county  and  city,  who  may  report  to  the  City 
Council  of  said  city  any  misconduct  of  the  officers  thereof,  or 
uvils  existing  therein,  and  recommend  to  said  City  Council  any 
mode  of  redress  or  remedy  therefor. 

§4775.  Persons  committed  to  said  jail  on  other  than  civil  pro-. )aiiiv,-. 
ces8,  or  process  from  the  corporate  authorities  of  Savannah,  shall 
be  a  charge  on  the  county  from  which  the  i)risoner  may  be  sent; . 
and  said  city  authorities  may  demand  periodical  settlements  from 
such  county  for  the  fees  accruing  for  such  prisoner  ;  and  in  case 
the  Inferior  Court  of  any  such  county  shall  refuse  to  make  peri- 
odical settlements  or  payments,  it  shall  be  lawful  for  the  Superior 
Court  of  such  county,  by  mandamus  or  other  process,  on  the  ap- 
plication of  said  corporation  of  Savannah,  or  the  jailor,  to 
compel  .-^uch  settlement  and  payment. 

§i77(i.  All  ordinances  of  said  city  existing  at  the  time  of  the  ordinances 
adoption  oi'  this  Code,  and  not   repugnant  thereto,  shall  be  off^^e.'"'^'^^ 
full  force  and  eifcct  until  the  same  be  altered,  modified  or  re- 
pealed by  the  Mayor  and  Aldermen  of  said  city. 

§4777.  All  ordinances,  by-laws,  rules  and  regulations  of  said  ordinances 
city,  published  by  authority  of  said  Mayor  and  Aldermen,  and  1,^,^^^^^*''"" 
promulgcd  as  such  l)y  said  authority,  sliall  be  evidence  in  all  the  <^'^°'''''i- 
courts  of  this  State  to  the  same  extent  that  laws  of  the  State,  as 
published  by  authority,  shall  be  evidence  of   such   laws  ;    and 
when,  in  any  case,  an  exemplilication  of  any  such   ordinance, 
by-law,  rule  or  regulation,  minute  of  Council,  or  any  paper  of 
tile  in  any  of  the  departments  of  the  government  of  ^aid  city 
may  be  required,  the  same  may  be  autlienticated  under  the  offi- 
cial signature  of  tne  -Mayor,  or  acting  .^fayor,  and   the   seal   of 
said  city. 


ARTICLE   1\'. 

SPEcrAi.  rowKHs  ok  thk  mayoj;  and  cnv  corxciL. 

ShCTIOX.  ShXTIO--. 

4778.  Special  powens  uf  Mayor.  Hso.  .XLiisaiKvs— how  ubaied. 

4Ti9.  Ordinances  and  Police  remilalions.     1781.  Colored  seamen,  slaves,  paupers. 

§4778.  The  ^Mayor  of  the  city  of  Savannali,  for  the  Umv  be- »pt<ii^ pow- 
ing,  and.  during  his  absence  or  inability  to  discharge  his  orfieial'*"''^'^^*""- 
duties,  the  Chairman  of  Council,  or  sucli  other  officer  as  may  by 
law%  or  ordinance,  or  vote,  or  rule  of  Council,  of  the  said  city, 
be  at  such  times  his  substitute,  shall  ha\e  full  power  and  author- 
ity to  issue  warrants  for  the  arrest  of  all  persons  charged,  upon 
affidavit  before  such  officer  or  other  lawful  magistrate,  with  hav- 
ing committed,  within  the  limits  of  the  city  of  Savannah,  ollences 
against  any  penal  law  of  this  State  ;  and  to  take   the  examina- 


936  APPENDIX. —  Laws?  l^  reference  to  the  OriT  of  !Saa  annah. 


Article  4. — Special  Powers  of  the  Mayor  and  Citv  Couucil. 


tiou  of  such  person!^,  and  the  same  to  discharge  or  commit  to 
prison,  or  let  to  bail,  according  to  law,  to  answer  such  charge 
before  the  proper  court  having  jurisdiction  of  the  same,  in  the 
game  manner  as  Justices  of  the  Peace  of  the  several  counties  of 
the  State  now  or  hereafter  may  have  by  law :  and  to  issue  such 
warrant  according  to  law,  to  be  executed  within  the  jurisdic- 
tional limits  of  Savannah;  all  which  warrants  may  be  executed 
by  the  ]\Iar^hal  or  Deputy  Marshal,  or  any  Con>table  of  said 
city,  and  Ijc  I'eturned  before  said  Mjjyor,  or  his  teTn]»orarv  official 
substitute,  as  aforesaid.  And  the  said  Mayor  or  substitute  as 
aforesaid,  may,  by  warrant  issued  on  affidavit  as  aforesaid,  cause 
suspected  places  to  be  entered,  in  as  full  and  ample  a  maimer  a^ 
any  other  Magistrate  of  this  State  may,  with  a  view  to  the  de- 
tection and  ])rcvoiition.  or  ])unishment  of  «>ftences.  within  said 
jnrisdicti«»nal  limits,  against  the  law>  of  this  State,  or  the  ordi- 
nances of  said  city. 
OHJnancps  4770.  Tlic  ^lavor  and  Aldermen  of  .-aid  city  shall  have  full 
r«gn^(Sk  power  and  authority  to  pass  all  such  ordinances  and  establish 
such  police  regulations,  not  rejmgnant  t<i  the  conhtitution  and 
laws  of  this  State,  as  in  their  judguietit  and  discn-tion  may  be 
deemed  best  calculated  to  suj)j>res>.  within  the  j\>risdictional 
limits  of  said  city,  the  ])ractice  of  illicit  trading  with  slaves  and 
free  persons  of  color,  and  receiving  stolen  goods  from  them,  and 
furnishing  spiritiious  liquors  to  slaves,  and  of  affixing  and  enfor- 
cing such  penalties  tor  the  violation  of  >uch  ordinances  and  po- 
lice regulation>  ;is  ^aid  Mayor  and  Aldermen  .-hall  deem  ]»ropor, 
and  as  shall  not  be  inconsistent  with  such  constitution. 
NntBttnec*^-  ^4780.  Tlu' siiid  Mavor  aud  Aldermen  shall  have  jtower,  by 
how  »t««*<i- ordinance,  resolution,  or  order  of  CVumcil,  to  cau.-e  to  be  abated 
within  the  jurisdictional  limits  of  said  city,  any  nuisance  which 
may  tend  to  the  imme<1iate  annoyance  of  the  citizens,  in  general, 
may  be  manifestly  injurious  to  the  ]>ublic  health  or  safety,  or 
tend  greatly  to  corrupt  the  mallner^  and  uloral^  of  the  ]>eople, 
or  any  considerable  ]»art  thereof:  whether  the  nuir^ance  be  such 
at  common  law  or  by  statute  ot  this  State,  or  by  ordinance  of 
said  city  ])assed  in  conformity  with  law  :  and  to  enforce  the 
order  for  altatement  and  removal  of  such  nui?an<-e  by  the  Mar- 
shal and  other  civil  force  of  said  city.  And  said  Mayor  and  Al- 
dermen shall  have  full  power  and  authority  to  establish  such 
*|^^'^*^^*j'^^  system  of  quarantine  and  make  such  sanitary  regulations  any- 
"NfnJ^^tionr*.  ^vhere  on  the  Savaimah  river,  or  elsewhere  in  Chatham  county, 
a*,  may  in  their  judgment  be  proper  to  prevent  the  spread  of 
contagious  or  infectious  disease  in  said  city. 
Colored  §4781.  Said  Mayor  and  Aldermen  ^hall  have  full  power  and 

authority  to  ]>as.-  all  ordinances  and  make  all  such  rules  and  reg- 
ulations as  may,  in  their  judgment,  be  jiroper  to  prevent  free 
colored  seamen  arriving  in  the  river  Savannah,  or  any  of  its  wa- 
ters, from  communicating  with  the  shore  or  the  slaves  and  free 
persons  of  color  in  the  State;  and  alsi>  to  prevent  the  intlux  or 


m»BKSTL 


APPENDIX. — Laws  in  kefekexce  to  the  Crnr  of  Savannah.  937 


Article  4. — Special  Powera  of  the  Mayor  and  City  Council. 


immigration  of  paupers  into  said  city;  and  nothing  in  the  gene- t>iaT<.6 ftn<i 
ral  kwR  of  the  State  shall  ever  be  considered   in  derogation  of  ^*"'*^"" 
the  powers  hereby  conferred  upon  f-aid  city  authoritiefi  on  said 
f-nbjects  ;  and  any  and  every  ordinance  of  t^aid  city  now  existing  j.j,^,„g  ^ 
in  relation  to  the  influx  of  paupers  therein  shall  be  considered  as^nanc««^ 
hereby  confinned. 


ARTICF.K  V. 

POLICE  rorKT  OF  SAVAMKAH. 

Sbctio.v.  StCTlOV. 

4782.  Se:»pion?  and  jurisdiction.  ITS;?.  Offiiv^ra  may  coUo'-t  c<>«t-. 

§-1782.  The  Police  Court  of  said  city   is  hereby  continued  apoHcoCom-t 
court  of  record,  and  the  Mayor  or  acting  Mayor  is  hereby  aa-^~°5**^ 
thorized  to  preside  in  said  court,  and  to  hold  sessions  thereof  as 
often  as  to  him  may  appear  tc*  be  nece.-sary.     Said  Court  shall  fn^Si"^ 
have  cognizance  of  all  oflence.s  against  the  ordinances  of  said" 
city,  and  the  laws  of  this  State  touching  said  city,  with  power 
to  inflict  the  proper  punishment  by  line  and  imprisonment,  or 
other  penalty  y>rescril>ed  by  such  laws  and  ordinances  from  time 
to  time,  and  to  enforce  the  same  by   mittimus,  directed  to  the 
Marshal  of  said  city  or  any  lawful  Constable  thereof,  and  to  the 
jailor  of  Chatham  county,  when  necessary ;  and  said  court  shall 
have  power  to  commit  to  jail  any  and  all  person  and  persons 
who  may  distm-b  said  court  during  its  sittings,  or  who  may  in  any 
manner  be  in  contempt  of  its  lawful   authority  ;  but    an  appeal 
may  be  entered  or  taken  from  any  judgment  or  decision  of  said^^''^^^^ 
court  (except  a  commitment  for  contempt,")  to  the  Mayor  and 
Aldermen  of  said  city,  in  Council  assembled,  all  costs  being  first 
paid  and  bond  given  to  abide  the  decision   of  said  Council,  and 
no  certiorari  shall  ever  be  allowed  or  granted  until  such  is  en-p^n*^"!! 
tered  and  the  same  is  heard  and  determined  by  Council ;  and  on^'"^"- 
the  conflrniation  by  Council  of  the  decision  or  judgment  of  said 
Police  ( 'Ourt,  in  whole  or  in  part,  no  certiorari  shall  be  allowed 
Tmtil  the  tine  inilicted  or  confirmed  by  Council,   and  all  costs, 
fib  all  be  Y»aid  into  the  Treasury  of  said  city. 

§4783.  The  Clerk  of  Council,  the  Marshal   of  said  city,  audofficeni  of 
the  officers   and  members  of  the   Police  of  said  city,   who  are  niay*«.ii^ot 
hereby  declared  to  be  ex  ojjicio  Constable*  o\'  said  city,  shall  be  ^'"^*- 
officers  of  said  Police  Court ;  and  tlicy  are  hereby  authorized  to 
demand  and  receive,  for  services  rendered  or  duties  performed  in 
said  court,  such  fees  and  costs  for  themselves,  to  be  collect^^d  out 
of  the  dcfcnd;ints,  as   may  bo  «>stalilished   by   ordinance  of  said 
citv. 


938  APPENDIX. — Lx^ws  ln  kkikkekce  to  tjik  Oitv  of  Savamnau. 
Article  6. — Organization  of  the  City  Government. 


ARTICLE  \'l. 

olKiANlZA'l'lOX  OF  rAT\    '  iuVKRNMKNT. 
Section  ITS 4.  Orjranization  of  Oily  <Joveniinpiii. 

oig-ai.ixatioii      §  47Stt.  The  orgaiii/atioii  of  the  C'ity  (toverntneut  of  Savari- 
goT^rmn'/ut.  nail,  as  existing  at  the  time  of  the  adoption  of  this   Code,  shall 

continue  until  BUj)ereedod  nr  niodiiii^d  in  (•c»nfonnity  with  the 

provisions  of  said  Code. 


.VPtTlCLE   VII. 


KlIiK  DKl'ARTMKXT  (»F  .-AV  ANN  All. 


1785.  Sav:iiiu;th  Firt"  Couipiiny. 

47 8G.  May  purchase  and  liold  j.)roi»«rty. 


Sr.criox. 

,  4787.   Klet'tion  ami  duty  ol  (.'lllcvrs. 
i  4788.  Other  oornpanios  may  be  cstib'd 


i»>ii<;  com-  ^4785.  The  corporation  known  ab  tlie  "  Savannah  Fire  Com- 
ffipuoces- pany,"  and  their  successors,  shall  continue  to  exist  under  said 
sors.  corporate  name,  and  under  that  name  to  sue  and  be  sued,  plead 

and  be  impleaded,  answer  and  be  answered  to,  in  any  and  all  the 
courts  of  this  State,  and  to  have,  exercise  and  enjoy  all  the  pow- 
ers granted  to  them  not  repugnant  to  the  Constitution  of  the 
Confederate  States,  and  of  this  State. 

§  4780.  Said  corporation  shall  continue  invested  with  i>ower 
to  hold  all  funds  and  property  now  belonging  to  it,  and  such  ad- 
ditions to  said  funds  or  property  a.^  may  hereafter  be  made,  and 
to  purchase  and  hold  real  and  personal  Cftate ;  and  also  to  re- 
ceive all  donations,  legacies  and  bequeots  which  may  be  made  to 
it,  to  be  held,  used  and  enjoyed  for  the  ])urpose6  following,  that 
is  to  say,  that  the  rents,  interests  and  protits  of  all  such  property 
which  said  corporation  may  ])urchase  or  be  interested  in,  and  the 
interest  of  all  loans  which  it  has  made  «>r  shall  makt3,  shall  be 
used  and  applied  to  the  j)urpose  of  relieving  the  distresses  of  its 
members,  and  to  and  for  no  other  use  ur  purpose  whatsoever. 

§  4787.  Said  corporation  shall  elect  their  otlicers  in  the  man- 
ner pointed  out  in  the  ordinances  of  the  City  Council  of  Savan- 
nah, and  nothing  herein   contained  hhall  be  so  construed  as  to 
make  said  Eire  Company  independent  oi'  said  City  Council :  but 
I^^Bd^ntof    that  it  shall  continue  to  be  subject  to  the  same  control  of  the 
citycoun-   ^j^^^^  Council  as  that  l)ody  has  heretofore  exercised  over  it.    Said 
Fire  Company  shall,  on  the  lirst  Monday   in  January,  annually, 
|;^^"'"^i^'"  report  to  the  City  C^ouncil  of  Savannah  what  property  they  have 

tii>t  Monday        t"  J  .  ,  i         S  ^^i        '    i 

in  January  purcha.-^cd  or  oecome  mterested  in,  what  loans  they  nave 
made,  the  state  of  their  funds,  what  disbursements  they  have 
made,  and  for  what  benevolent  ]>urposes. 


Uuy  pui'- 
•hase  anil 
buld  pro- 
^rty. 


bow  ap(iru 


May 

•ffiiV 


Mot  iuilc- 


uDUunlly. 


APPENDIX. — Laws  in  kkfkrexok  to  the  City  op  Savannah.  93^ 


Article  7. — Fire  Department  of  Savannah. 


§4788.  The  Mayor  and  Aldermen  shall  have  pov/er  to  appoint  Mavor  aaji 
puch  officers  and  agents  and  make  such  rules  and  regulations  forma/S 
such  appointments,  and  for  the  keeping  up  of  an  efficient  force  Hrecom^'^.- 
for  preventing  and  extinguishing  fires  in  f«aid  city,  as  the  said"''-'' 
Mayor  and  Aldermen  shall  deem  expedient ;  but  nothing  herein 
contained  shall  be  construed  to  repeal  the  charter  of  any  fire 
company  now  existing  by  law. 


ARTICLE  VIII. 

('(JLLHCTIOX  OF  IIKXTS,  RECOVERY  itF  I'OSSESSIOX.  ice. 

yEorioN.  Section. 

4789.  Di.strff*:j  for  rent.  4792.  DiBpossossing  tenant. 

4700.  Claim  to  property  liisirained.  479.'{.  Warrant,  how  obtained— defences. 

4791.  Lien  of  distress  warrant-i.  4794.  Contracts  for  rent  bear  interest. 

§  4789.  Kent  due  by  any  person  or  j^ersons,  for  lands  or  tene-  Kent-dis- 
ments  lying  within  the  city  of  Savannah  or  the  precincts  thereof/""*^*^*""- 
may  be  recovered  by  distress  warrant,  issuing  on  the  affidavit  of 
the  person  claiming  the  same,  his  agent  or  attorney  at  law,  or  in  5''^^*- 
fact,  for  the  sum  claijned  to  be  due.     If  such  sum,  exclusive  of  ^"honTdf-*' 
interest,  do  not  exceed  fifty  dollars,  such  affidavit  must  be  made'"'''^'^'^- 
before  a  Justice  of  the  Peace,  and  the  warrant  be  issued  bv  such 
Justice,  and  be  directed  to  and  executed  by  any  lawful  Constable  ^^^i^.^rtis^. 
of  the  county  and  levied  on  any  property  of  the  defendant ;  and^nenfaifii' 
the  advertisement  and  sale  shall  be  as   in  other   cases  of  sale  "'^^' 
under  execution.     If  the  rent  shall  exceed  fifty  dollars,  besides k renter.- 
interest,  the  affidavit  must  be  made  before  the  Judge  of  the  Su- <"^^*^»  ^*^ 
perior  Court  or  Judge  of  the  City  Court  of  Savannah,  or  any  of ''""'"' 
the  Justices  of  the  Inferior  Court  of  Chatham  county,  who  shall 
issue  a  warrant  authorizing  the  Sheriff  of  the  City  Court  of  Sa- 
vannah, or  any  lawful  Constable  of  said  city,  to  distrain  on  any 
property  belonging  to  the  defendant,  and  to  advertise  and  sell 
the  same  as  in  cases  of  execution  on  judgment  :  but  in  every 
case  of^  levy  under  this  section  a  replevy  shall  be  allowed,  when 
the  defendant  or  his  agent  shall  make  oath  that  the  rent  claimed,  J-^pi'"'^- 
or  some  part  thereol',  is  not  due,  and  shall  give  security  for  the  ""^"^  "' 
eventual  condemnation  money;  and  in  that  case  the  levying  of- 
ficer shall  return  the  papers  to  the  court  having  jurisdiction,'"aTid 
the  issue  thus  tendered  shall  be  there  tried  and  determined  bv  a "'''"'"'  ^'"'^ 
jury,  as  in  cases  of  claim  ;  and  in  case  of  verdict  for  the  plaintift",  *''"'^' 
judgment  shall  be  cjitercd  up  and  execution  issued  against  prin- 
cipal and  security,  us  In  cases  of  appeal. 

§4790.  When  property  distrained  shall  be  claimed  bv  a  third  ciaimt» 
person,  tlie  claim  shall  be  on  oath  of  such  person,  or  his  agent,  po^l^'^ 
and  shall  be  put  in,  returned  and  determined,   as  in  other  cases 
of  claim. 


(?40  APPENDIX. — Lam'8  IX  referenck  to  the  City  of  Savannvii. 
Article  8. — Collection  of  Eents,  Recovery  of  Posseasion,  &c. 


Menofdifi-       §4791.  No  preference  shall  be  pjivcn  to  persons  distraining  for 

firesBwsr-    j.gj^t^  ^]iej.(.  there  is  a  judgment  apiinst  the  person  or  ])roperty 

FO  distrained ;  but  the  lien  of  such  distress  warrant  shall  be  the 

same  as  the  lien  oi'  a  judgment  on  the  property  of  the  defendant. 

Teicntfai.       §4792.  WhcTe  auv  pcrsou  leasiug  or  renting  any  lot  or  lots, 

M^d*eSvrr  tcncment  or  tenements,  within  the  city  of  Savannah,  shall  fail  to 

p<>«*6«ioj>    pay  the  rent  when  the  same  shall  become  due,  and  shall   refuse 

i^w>«*<!.^    to  deliver  possession  to  the  lessor,  at  the  expiration  of  his  lease 

f  y\    or  contract  for  rent,  the  Judge  of  the  Superior  Court,  or  any  one 

/    j.    of  the  Justices  of  the  Inferior  Court  ot  Chatham  county,  or  the 

y^  /  Judge  of  the  City  Court  of  Savannah,  may  issue  a  M-'rit  of  pos- 
,  ^i"*'  '  session,  directed  to  the  Sheriff  of  the  City  Court  of  Savannah, 
^'  or  any  lawful  Constable  of  said  city,  commanding  said  Sheriff  or 

\j  •  Constable  to  deliver  possession  of  the  premises  to  the  lessor; 
which  writ  shall  be  by  nuch  officer  immediately  executed  and  re- 
turned. 
Applicant  §479;).  The  application  to  a  Judge  or  Justice,  under  the  prc- 
^ti?"*'"'  *'^'dhig  section  must  be  on  the  affidavit  of  the  party  applying,  or  his 
attorney  or  agent ;  but  when  the  tenant  shall  declare,  on  oath  in 
writing,  that  his  lease,  whether  oral  or  written,  is  not  expired,  or 
that  he  does  not  hold  the  premises  either  by  lease  or  rent  from 
such  person  making  such  application,  or  by  any  one  holding  un- 
der him  by  rent  or  otherwise,  he  shall  not  be  removed  from  the 
possession  of  said  premises ;  but  the  Sheriff  or  Constable  shall 
return  the  proceedings  to  the  next  Superior  ('ourt  of  Chatham 
county,  and  the  fact  shall  be  there  tried ;  but  if  determined 
against  tlie  tenant,  he  shall  pay  double  the  rent  reserved  or  to  be 
due,  and  the  party  entitled  to  jiossession  shall  immediately  be 
put  in  possession,  by  order  of  said  Superior  Court ;  but  the  ten- 
ant making  oath  in  order  to  retain  })os8ession,  shall  not  be  enti- 
tled to  retain  possession,  except  on  giving  bond  and  good  security, 
to  be  approved  of  by  the  Sheriff  or  Constable,  conditioned  for 
paying  double  the  rent  reserved,  or  to  be  due,  if  the  ]»roceeding» 
in  the  Superior  Court  shall  be  determined  against  such  tenant; 
and  said  bond,  when  so  taken,  shall  be  returned  into  court  with 
the  other  proceedings, 
ooour&ctf,  §  4794.  Contracts  for  rent,  whether  oral  or  written,  shall  bear 
^'^*t,^*" interest  from  the  time  the  rent  becomes  due;  and  all  actions  for 
recovery  of  rent  in  arear,  before  any  court  within  the  city  of 
Savannah,  shall  be  triable  at  the  first  term  of  the  court  to  which 
the  action  is  returnable. 


APPENDIX. — Laws  ln  kepkrenck  to  the  Otiy  of  Savannah.  941 

Article  9. — Cemeteries  in  and  nenr  Savannah. 


AKTICLE  IX. 

CEMCTKRlliS  TN  AND  NEAR  SAVANNAH. 

Section.  Sectio-n. 

4795.  OwmTd  ;ind  keepers  of  ccineleries  j  4798.  l-';\''ii)piion.s  irom  jury  duiv. 

4796.  Tnt<?rments  to  be  reix)rtod.  '  4799.  Act.s  oonliuued  in  force. 

4797.  Owners,  ie  ,  failing  in  duty.  < 

§  4795.  It  shall  be  the  duty  uf  each  ;iud  evcrv  uwuer  or  keeper  owner*  .ad 
of  a  cemetery,  (other  than  a  private  cemetery  or  burial  place)  ^^'^^P^t^i®^ 
within  five  miles  of  the  extended  limits  of  the  city  of  Savannah, 
to  keep  a  correct  record  or  registry,  in  a  well  bound  book,  of  all 
interments  made  by  him,  or  his  assistant  or  assistants,  of  the  re- 
mains of  any  deceased  person,  showing  his  or  her  name,  nativity, 
age,  place  of  residence  and  death,  day  of  burial,  disease  or  acci- 
dent occasioning  the  death  of  the  deceased,  and  the  name  of  the 
attending  physician,  if  any. 

§479G.  Each  and  every  such  person  owning  or  keepiua:  acem- iQt«rui«aiui 
etery  as  aforesaid,  shall  make  out  and  liand  to  the  Clerk  of  Conn- !."  ^/aibip." 
cil  of  Savannah,  a  regular  monthly  report  of  all  interments  made 
byhim,  or  by  his  assistant  or  assistants,  of  all  deceased  persons 
dying  within  the  city  of  Savannah,  or  elsewhere,  and  buried  as 
aforesaid,  and  make  out  and  furnish  a  weekly  report  of  such  in- weeWf  «■ 
terments  to  the  secretary  of  the  board  of  healtli  of  said  cityP"''^- 
whenever  said  board  shall  meet  M'eekly,  and  monthlv,  when  its 
meetings  sJiall  be  monthly. 

§4797.  Any  person  offending  against  any  of  the  provisions  of  penaitviw 
the  two  immediately  preceding  sections,  shall,  on  conviction  be- ^"'^"f ^itj, 
fore  tlie  Police  Court  of  Savannah,  (which  is  hereby  invested  with  tbetwopre- 
jurisdiction  in  all  such  cases)  be  fined  in  the  sum  of  thirty  dol-^ion""  "**" 
lars  for  each  and  every  offence,  one-half  of  the  fine  to  the  in- 
former, and  the  other  half  to  tlie  corporation  of  Savannah  ;  but 
the  defendant  may  appeal  from  the  decision  of  said  Police  Court 
to  the  .Mayor  and  Aldermen  in  council  assembled,  nnder  such 
rules  and  regulations  as  are  prescribed  by  law. 

§  4798.  The  keepers  of  public  cemeteries  in  and  near  Savan-  Keep^i^ 
nah.  shall  be  exempt  from  jury  duty  in  the  Superior  and  Inferior?^™?"'*"' 
Courts  of  Cliatham  county,  and  in  the  City  Court  of  Savannah. ^"'^'^''^^ 

^4799.  The  act  of  27th  December,   1847,  incorporating  the 
Evergreen  Cemetery  Company  of  P>onaventure,  and  so  much  of  and'i^^**' 
the  Act  of  18th  February,   1854,  as  refers  to  the  cemetery  for' 
the  deceased  members  of  the  Iloman  Catholic  congregation  wor- 
shiping in  the  city  of  Savannah,  are  continued  in  fulf  force. 


,  contlDued. 


M2  APPENDIX. — Laws  in  reference  to  the  City  of  Savaitnaji. 


Article  10. — City  Court  of  Savannah. 


ARTICLE  X. 


CITY  COURT  OF  SAVANNAH. 


Karao  ami 
fttyle  as  a 
e»nrt  of  re- 
cord. 


Section. 

4800.  A  court  of  rccorrl. 

4801.  Jurisdiction. 

4802.  Judges — election  and  tt-rm  of  ofiBce. 
480:-;.  Election — when  held. 

4804.  Vacancies —liow  filled. 

4805.  Failure  to  elect. 
480G.  Judge's  .salary. 

4807.  His  oath 

4808.  Solicitor  General— his  feef. 
4800.  Clerk  and  Shcrifl'. 

4810.  Confession  of  judjrincnt. 

4811.  Habea.i  c/irpuf!. 

4812.  Claims  and  mortgages. 

481."?.  Session  of  court — triartirst  term. 

4814.  Suits — how  commen<X'd. 

4815.  Lion  of  JudgmcTils. 
4316.  Adjournments  of  court. 

4817.  Production  of  papers. 

4818.  Hulcs  of  practice. 

4819.  Jurisdiction  and  power. 

4820.  Answer — wlicn  and  how  filed. 

4821.  Verdicts,  confessions,  and  appeals. 

4822.  Sales  under  execution. 

4823.  Judgments — when  entered. 

4824.  Stay  of  execution. 
4325    Claims  to  real  property. 

4826.  Bail — how  sued  out  and  served. 

4827.  Attachment."*. 

4828.  By  whom  issued. 

4829.  Judgment — to  whom  directed. 

4830.  By  whom  levied. 

4831.  Declara.tion — when  filed. 

4832.  Garnishments. 

4833.  How  sued  out  and  ser%'ed. 
48?4.  Notice — how  served. 

4835.  Parties — how  made. 

4836.  Scire  facias — how  served. 

4837.  Witnesses — interrogatories. 

4838.  Testimonv  dc  bene  e^sr. 


Section. 

4839.  Judge,  Clerk  and  Sheriff's  dutios. 

4840.  Oath  of  Clerk  and  Sheriff. 

4841.  May  suo  and  be  sued — process. 

4842.  Attorney's  fees. 

4843.  Attachment  by  Clerk. 

4844.  Records  and  minutes. 

4845.  Jurors — how  select<^,  A:c. 

4846.  How  drawn. 

4847.  Persons  subject,  to  serve. 

4848.  Jur}-  boxes  and  keys. 

4849.  Defaulting  jurors. 

4850.  Not  to  serve  longer  than  one  week. 

4851.  Penshable  property  levied  on. 

4852.  Ckrthrari  proceedings. 
4S53.  Sheriff  maj-  appoint  Deputy. 

4854.  Constables  duty  and  foes. 

4855.  Summarj'  proceeding.-*. 

4856.  Notice  of  hearing. 

4857.  I'ower.s  of  court  in  such  cases. 

4858.  Persons  subject  to  such  process. 

4859.  Clerk,  Sheriff  and  Bailiff's  duty. 

4860.  Vexatious  arrests. 

4861.  Arrests  under  civil  process. 
4802.  Hearing  and  return. 

4863.  Witnesses  and  examination. 

4864.  Appeal  not  allowed. 
4665.  ?alaiy  of  Solicitor  (ieneral. 

4866.  Money  arising  from  fines,  &c. 

4867.  Justices  of  the  Peace. 

4868.  Peace  warrant  and  bond. 

4869.  Jury  fees — attorney's  liability. 

4870.  Qerk  and  Sheriff's  fec!=. 

4871.  Insolvent  debtor.^. 

4872.  Ballance  due  defendant. 

4873.  Rules  of  practice. 

4874.  Continnances. 

4875.  Jailor'.s  duty. 

4876.  Shcrifl"s  statement  to  Judge. 

4877.  Sentence  and  punishment. 


§  -iSOO.  The  City  Court  of  Savannah,  bv  tliat  name,  and  an  a 
eourt  of  record  in  the  city  of  Savannah,  shall  continue  to  exist, 
and  shall  have  cognizance  of  civil  cases,  not  involving  title  to 
real  estate,  where  the  damages  or  cause  of  action  shall  not  ex- 
ceed the  sum  of  five  hundred  dollars,  exclusive  of  interest,  and 
shall  be  abov€  the  iurisdiction  of  a  Justices'  Court :  and  cases  of 


APPENDIX. —  La-WS  IX  REFERENCE  TO  THE  CiTY  OF  SaVANNAU.    943 


Article  10. — Cily  Court  of  Savannah. 


tort,  where  the  damage  ehiiined  shall  not  exceed  five  hundred 
dollars  ;  and  the  said  court  shall  have  criminal  jurisdiction  of  all 
minor  oftencet^  committed  within  the  jurisdictional  limits  ol*  the 
city  of  Savannah,  and  which  do  not  subject  oifenders  to  confine- 
ment in  the  peniteiitiarv  ;  and  of  such  <ither  cases  as  mav  be 
hereinafter  provided  for. 

§4801,  The  ordinary  civil  jurisdictional   limits  of  said  court  Ordinnry 
shall  embrace  the  corporate  liujits  of  the  city  of  Savannah,  now^'jpjl.^n"* 
and  hereafter  established  ;  and  its  criminal  jurisdictional  limits 
shall  embrace  the  entire  jurisdictiouid  limits  of  said  city  as  now 
fixed  and  hereafter  to  be  li>;ed  by  law. 

§4802.  The  Mayor  and  Aldermen  of  the  citv  of  Sa\annah.T:i(ifr.>— 
shall  have  the  election,  by  ballot,   of  the  Judge' of  said  court,  i'.';;,''"foT'' 
who  shall  hold  his  oftice  for  three  years,  and  until  his  successor''^'- 
is  elected  and  (jualiiied,  unless  sooner  removed  by  the  Governor, 
on  the  address  of  two-thirds  of  both  bran(;hes  of  the  General  As- 
sembly for  that  pur])ose.     lie  shall  i)c  commissioned  by  the  Gov- 
ernor, on  proof  of  his  election,  under  the  hand  of  the   Clerk  of 
Council,  and  seal  of  the  City  of  Savannah. 

§4803.  The  next  regular  election  of  Judij^e  of  said  court  shall  Eiw-tion- 
l-^e  at  the  first  regular  meeting  of  the  City  Council  of  Savannah,  "■'"" ''-'*'• 
in  January,  in  the  year  eighteen  hundred   and  si.xty-three  ;  and 
regular  elections  for  Judge  of  said   court  shall   be  every  three 
years  thereafter,  but  the  present  organization  of  said  court  shall 
eontinue  until  the  Judge  or  other  officers  thereof  shall  be  dis- 
placed or  superceded  by  lav,- :  and  the  City  Council   of   Savan- jj'^^^jjj^^''^- 
nah  shall  have  power  to  fill  all  vacancies  in  such  offices  occurring 
from  death,  resignation,  or  otherwise. 

§4804.  Should  a  vacancy  in  the  ofiice  of  Judge  of  said  court,  vacancu-s 
by  death,  resignation,  or  otherwise,  occur  before  the  said  first u''?"'"'!?^,  , 
raeetmg  m  January,  eighteen  liundred  and  sixty-three,  the  said "f ',J«nnarj', 
Mayor  and  Aldermen  s'liall,  at  their  first  regular  meeting  after  mk'^r''*'" 
sucli  vacancy  shall  have  occurred,  proceed  to  elect  a  Judge  to  fill 
such  vacancy :  and  whenever  a  vacancy  shall  occur  thereafter, 
from  any  cause,  the  said  Mayor  and  Aldermen  shall,  at  their  first 
meeting,  elect  a  Judge  to  supply  such  vacancv. 

§4805.  Should  the  said  Mayor  and  Aldermen   fail  to  elect  arautuo  i<» 
Judge  at  the  time  appointed  for  a  regular  election,  it  !-hall  v>e *'''''■* ''"^'**'"* 
lawful  for  them  to  elect  at  their  next  regular  ineetinii". 

§4801).  The  Judge  of  said  City   Court  shall   have  an  annual  Jud-c-sHftU- 
?»alary  that  shall  not  be  increased  or  diminished  during  his  con-"^' 
tinuance  in  office  :  which  salary  shall  be  fixed  by  the  said  Mayor 
and  Aldermen,  and  be  paid,  in  monthly  instalments,  out  of  the 
City  Treasury  of  Savannah  ;  but  such   salary  shall  not  be   less 
than  fifteen  hundred  dollars. 

§4807,  lie  shall,  before  entering  on   the  duties  of  his  office,  uis  cmov 
take  and  subscribe  an  oath  faithfully  and  impartially  to  dischari::^ 
such  duties  to  the  best  of  his  abilities  and  understanding,  and 
agreeably  to  the  constitution  of  this  State  and   the  constitution 


944  APPENDIX. — Laws  in  keference  to  the  City  of  Savani^au. 


Article  10. — City  Court  of  Savannah. 


of  the  Cv')!ifederate  States,  and  to  support  said  constitutions;  and 
said  oath  shall  immediately  thereafter  be  forwarded  to  th'e  Gov- 
ernor, and  filed  in  the  Executive  Department. 
8oikiu.r  §4808.    Tlie  Solicitor  General  of  the  Eastern  district  shall 

^o^'ibe.  prosecute  for  all  offences  cognizable  before  said  court;    but,  iu 
his  absence,  the  Judge  shall  have  power  to  appoint  a  Solicitor 
(ienera],  jj/'o  teiiipot'e^  who  shall  receive  the  same  fees  as  are  al- 
lowed 1)V  law  to  the  Solicitor  General  in  all  cases  conducted  by 
him. 
Clerk  .'inj        §  4809.  The  Clerk  and  Sheriff  of  said  court  shall   be  elected 
Son"'"''^  by  said  ]\rayor  and  Aldermen  for  such  term  respectively,  and 
under  such  qualification  and  other  rules  and  rej^julations  as  they 
shall  prescribe. 
Confession        §4810.  No  cottfessiou  of  judgment  shall  be  entered  up  in  said 
of  judgment.  pQ^j.j.^  uuless  the  defendant  resides  in  the  corporate  limits  of  Sa- 
vannah, and  unless  the  cause  shall  have  been  regularly  sued  out 
and  docketed,  nor  until  such  cause  is  called  in  order  by  the  court 
for  trial. 
Babi,a^c<>,-      §-^811.  The.ludgc  of  said  court  shall  have   power  to  issue 
^*-P<'**^^'' writs  <tf  hahtaa  co/ou.-^,  and  to  hear  and  disijosc  of  the  same,  iu 

of  the  court     ,,  .'.  ■'         '        .  .i-  i         •       '     ^•    ^-  \     ^•      -^         a' 

inrebtion    all  cascs  arisuig  Or  occumng  Avitlnn  the  jurisuictioiial   limits  ol 
**■  Savannah,  in  the  fianu;  way  and  with  the  same  p(.»wcrs  as  the 

Judge  of  the  Superior  Court,  and  to  discharge,  admit  to  bail,  or 
remand  to  jail  any  prisoner,  according  to  his  discretion  and  the 
law  of  the  land  ;  but  nothing  herein  contained  shall  be  construed 
to  lessen  or  take  away  the  power.-:  of  the  Judge  of  the  Superior 
Court,  or  Justices  of  the  Inferior  Court  of  Chatham  county. 
juri8«iktioa      §4812.  The  said   City   Court  shall   have   jurisdiction  of  all 
gV^''"  *^  claim  cases  where  personal  property  is  levied  on  under  execu- 
tion, or  (»ther  process  fro!n  said  court;  and  all  mortgages  upon 
personal  property,  for  au  amount  within  the  jurisdiction  of  said 
court,  may  be  foreclosed  by  the  Judge  of  the  same,  in  the  same 
way  or  manner  as  in  the  Superior  or  Inferior  Court;    and  all 
subsequent  proceedings  thereon  shall  be  in  said  City  Court,  and 
ortpagvp.   ^^^^^^  ^^  ^^^  conformable  to  the  general  law  of  the  State. 
Sessions.  §4813.  The  sessions  of  said  court  shall   be  held  on  the  tirst 

Monday  in  February,  May.  July  and  Xovemiier  of  every  year ; 
iMai  first    and  all  causes,  excevit  attachments,  shall   l»e  triable  at  the  lir.st 

tfrm.  ,  '  ^ 

term. 

BTiJts— iiow  §4814.  All  suits  in  said  court,  (except  attachment  cases,)  shall 
'"IC'f'i'''"'  be  commenced  at  least  fourteen  days  before  the  term  to  which  they 
a^^  probec.i- _^^^  returnable  ;  and  the  process  shall  be  served  on  the  defendant 
at  least  ten  days  before  the  session  of  the  court.  Suits  shall  in 
other  respects  be  conibrmable  to  the  mode  of  proceeding  in  the 
Superior  Courts;  but  the  process  shall  be  annexed  by  the  Clerk 
of  said  City  Court,  be  tested  in  the  name  of  the  Judge  thereof, 
and  be  directed  to  and  served  by  the  Sheriff  thereof. 
Lwnufju*;-  §4815.  All  judgments  obtained  in  said  court  shall  be  a  lieu 
"  °         on  all  property  belonging  to  the  defendants  throughout  the  State: 


xneote. 


APPENDIX. — Laws  in  reference  to  the  City  of  Savannah.  945 


Article  10  — City  Court  of  Savannah. 


journ - 
inents  of 
ourt. 


but  property  exempt  from  levy  and  sale,  under  the  general  law 

of  the  State,  shall  be  exempt  from  levy  and  sale,  Tinder  process 

from  said  court ;  and  all  executions  shall  be  tested  in  the  name  of  ^''^""''"""''" 

the  Judge,  issued  and  signed  by  the  Clerk,  directed  to  the  Sheriff 

of  the  City  Court  of  Savannah,  and  all  and  singular  the  Sheriffs 

of  the  State  of  Georgia,  and  may  be  levied  on  all  property  of  J;f^.^3^'g^^"^^ 

the  defendants  throughout  the  State ;    but  the  Sheriff  of  said 

City  Court  may  lev-y  all  such  executions  on  property  within  any 

[)art  of  the  county  of  Chatham. 

«i48I6.  In  the  absence  of  the  Judge  of  said  court,  from  indis-Adju 
[)t»sition,  or  otherwise,  it  shall  be  the  duty  of  the  Clerk  or  Sher-" 
iff  of  the  same  to  open  and  adjourn  said  court  to  such  day  as 
the  Judge  nuiy,  in  writing,  direct. 

§4817.  Tlie  said  court  is  empowered  to  compel  the  production  ^ay  <ou.[,oi 
of  books,  papers  and  writin2;s  in  tlie  i)ossession   of  anv  partv  to*!'"  vjpiive- 

'  .  I  .     ~  .  ,     ^  .  ,,'     I         J  lion  of  books 

a  suit  m  said  court,  containing  evidence  pertinent  to  the  cause  papers.  &c. 
in  question,  under  the  rules  and  regulations  provided  by  law  for 
i>tlier  courts  of  record. 

§  4818.  Tlie  mode  of  conducting  proceedings  in  said  court,  and  Kuies  of 
carrying  to  trial  suits  therein,  shall  be  the  same  as  in  the  Supe- 1'"''''*'''' 
rior  Court,  excejn  as  may  be  otherwise  herein  provided. 

^  4819.  The  Judge  of  said  City  Court  shall  have  power  and  ^   •  ,•  . 
authority  to  Jiear  and  determine  all  civil  causes  oi  which  the  said  "ftuc  comt. 
court  has  jurisdiction,  and  to  give  judgment  and  award  execution 
thereon  ;  Provided,  ahvays,  that  either  party  in  any  cause  shall 
be  entitled  to  a  trial  by  jury  upon  entering  a  demand  therefor,  ™^"'y 
in  writing,  on  or  before  the  call  of  the  docket  of  said  court  at 
the  term  to  which  the  cause  is  returnable. 

«j4820.  The  defendant  shall  lile  his  answer  in  writing,  on  or  Answer- 
before  the  opening  of  the  court,  at  the  return  term  of  the  suit,  ^''^^^^JjI^/j' 
and  the  pleadings  shall  conform  to  the  general  law  of  the  State. 
In  case  of  default,  the  same  shall  be  noted  on  the  docket ;  and  Default  am 
in  such  case  the  plaintiff  shall  be  entitled  to  proceed  ex  jpartel^^lll^^'^^ 
and  establish  his  demand,  upon  the  proof  thereof,  at  such  return 
term. 

<^4S21.  In  every  case  where  a  verdict  may   be  rendered  by  a  yt,,.,,i(,t  _^, 
jury,  or  wliere  a  jury  trial  may  have  been  demanded,  and  either  P<'V'''''^"'" 
party  shall  confess  judgment,  reserving  the  right  to  appeal,  an 
appeal  may  be  entered  by  either  party  to  a  special  jury  in  said 
City  Court,  as  in  cases  of  appeal  in 'the  Superior  Court :  and -^Pf;'' ""'' 
the  same  shall  be  there  tried,  under  the  rules  and  regulations  ap- 
plicable to  the  Superior  Courts. 


j^4822.  All  sales  of  property,  taken  under  execution  by  the  saies of  im 
Sheriff"  of  said  court,  or  any  Sheriff'  of  a  county,  shall  be  con-  cxecTulou.''* 
formable  to  the  laws  of  the  State  regulating  Sherift^'s  sales. 

^4823.  The  party  in  whose  favor  a  verdict  shall  be  rendered  Ji'^ljg'jjient* 
in  said  court,  shall  be  allowed  to  enter  and  sign  judgment  there- where"  u"* 
on,  al,  any  time  within  four  days  after  the  adjournment  of  the  ""''*'''■ 
court,  at  the  Clerk's  office,  for  the  amount  of  such  verdict   and 
GO 


!)i6  APPENDIX. — Laws  l^•  keference  to  the  City  of  Savannah. 


Article  10. — City  Court  of  Savaunah. 


all  legal  costs ;  and  no  execution  shall  issue  on  sucli  verdict,  un- 
til such  judgment  shall  be  entered  by  the  party  or  his  attornoy. 
stoyof  exe-     §4824.  Stay  of  execution,  for  sixty  day's,  may  be  had  in  the 
Taye!^^     Bamc  manner  and  on  the  same  terms  as  are  ur  may  be  alk)Nve(] 

in  the  Superior  Court, 
oiaimtoreai  §4825.  Claims  to  real  property,  levied  on  under  execution  is 
property,  g^jug  fj-oui  Said  court,  sliall  be  returned  to  and  tried  in  the  Su- 
perior Court  of  the  county  where  such  real  pro})erty  may  be  sit- 
uate ;  and  such  claims  shall  be  put  in  and  tried  and  determined 
as  in  other  cases  of  claim  in  such  Superior  Court.  Claims  to 
personal  property  levied  on  under  execution  or  attaclnnent  fn)m 
said  City  C(»urt  shall  be  returned  and  tried  there  in  the  same 
manner  as  claims  to  ])orsonal  ])roperty  in  the  Snjierior  C'ourt. 
Httii— how  §4820.  Pail  may  be  required  in  cases  originating  in  said  court, 
i"rvii'""''^"  the  same  manner  and  on  the  same  terms  as  in  cases  of  bail  in 
tlje  Superior  Cmirt ;  but  witli  this  ])roviso,  that  in  any  case  about 
to  be  instituted  in  said  court,  it  shall  be  lawful  and  sutlicient  tu 
Fcrve  the  defendant  with  a  j)rocess  and  copy  of  the  alhdavit,  as 
ill  cases  of  bail  ]tending  the  action  ;  and  whenever  such  process 
with  a  coj>y  of  the  atlidavit  annexed,  and  a  copy  or  copies  of 
piich  process  and  alhdavit,  shall  be  jduced  iri  tlie  hands  of  tlic 
Sheriif  of  said  court,  he  shall  arrest  the  defendant  or  defendants, 
and  serve  him  or  them  with  a  copy  or  co})ies  of  said  atlidavit  and 
)>rocess,  and  deal  with  him  or  them  in  the  manner  prcsci-ibed  by 
the  laws  of  the  State  in  regard  to  bail  ;  and  the  subsequent  ])ro- 
ceedings  shall  be  as  in  other  cases.  In  evei'y  bail  case  issued 
under  the  foregoing  proviso,  the  plaintiti'  must  tile  his  declara- 
tion eight  days  before  the  return  term  of  the  process  or  lose  a 
term  ;  and,  on  failure  to  do  so  during  such  return  term,  the  couit 
shall,  on  motion,  order  a  nonsuit. 

§  4827.  All  acts  or  parts  of  acts  already  or  hereafter  passed 
upon  the  subject  of  attachment  and  garnishment,  or  legislating 
as  to  any  matter  whatever  in  the  Sujterior  Courts  of  this  State, 
shall  apply  to  said  City  Court  as  if  named  with  the  Superior 
Courts,  so  fiir  as  the  nature  of  that  tribunal  will  admit. 

JJ4828.  The  Judge  of  said  court  or  any  Alderman  of  said  city, 
or  any  Justice  of  the  Peace  or  Notary  Public,  may  issue  attacli- 
nwiuts  returnable  to  said  court,  and  within  the  jurisdictional 
amount  of  the  same ;  but  such  attachments  muet  be  issued  at 
least  ten  days  before  they  are  returnable  and  levied  at  least  nine 
days  before  such  return  term  ;  and  no  judgment  shall  be  rendered 
in  attachment  until  the  term  alter  the  return  term. 

§4829.  Such  attachments  shall  be  directed  to  the  Sheriif  of 
the  City  Court  of  Savannah,  and  all  and  singular  the  Sheriti's 
and  Constables  of  this  State ;  and  all  prior  and  subsequent  pro- 
ceedings relative  to  such  attachments,  not  herein  expressly 
mentioned  or  specilied,  shall  be  governed  by  the  laws  of 
the  State  in  relation  to  attachments,  due  regard  being  had  t<^> 
the  nature  of  the  different  tribunals. 


AtUch 

JIK'Dt*. 


l>_v  wboui 
;»suud. 


•Judgment 
Vbereon. 


To  wboai 
dirocted. 


APPENDIX. — Laws  in  keference  to  the  City  of  Savannah.  947 


Article  10. — City  Court  of  Savannah. 


§  4830.  Tlie  Sheriff  of  the  City  Court  of  Savannah  may  levy  «.v.*i.<.n, 
attachments  returnable  to  said  court  in  any  part  of  Chatham 
county. 

§4831.  The  declaration   in   attachment  mav  be  filed  at  any  i>«'c'a™»"" 
time  during  the  return  term  of  the  attachment;  but,  on  failure  filed, 
so  to  file  it,  the  court  shall,  on   motion,  dismiss  the  attachment. 

§4832.  Said  court  shall  have  jurisdiction  in  all  cases  in  gar- r.amwi- 
nishment,  as  -well  as  when  the  debt  of  the  garnishee  to  the  de- ^g*;j',^*~|,":,^ 
fendant  shall  exceed  as  wlien  it  shall  fall  sliort  of  the  jurisdic- ti"'o»'j'-i  «f 
tional  amount  of  said  court ;  and  in  all  cases  of  suit  on  bail  or 
attachment,  claim  or  other  obligations  or  bonds,  given  by  parties 
to  any  proceedings  issued  from   or  had  in  said  court,  although 
the  penalties  of  said  bonds  may  exceed  the  jurisdiction  of  said 
court  by  being  in  double  the  sum  sworn   to,  attached,  or  of  the 
executions  issued,  or  property  levied  on  ;  Provided^  the  original 
cause  of  action  upon  which  such  bonds   or  obligations  were  had 
or  taken  did  not  exceed  the  jurisdiction  of  said  court. 

§4833.  Garnishment  proceedings  in  said  court  shall  be  con-0'"-»i»^ 
formable  to  the  law  of  the  State  on  that  subject;  but  the  sum-sucdouL 
mons  must  be  served  on  the  garnishee,  personally,  ten  days  be-  returned""' 
fore  the  court  to  which  the  garnishee  is  directed  to  appear ;  Pt'o- 
mded,  such  garnishee  shall  reside  in  the  county  of  Chatham,  or 
not  elsewhere  in  the  State;  but  where  the  garnishee  shall  reside 
in  any  other  county,  then  he  shall  be  summoned  and  served,  and 
shall  make  his  return,  and  all  other  proceedings  shall  be  had  in 
the  manner  pointed  out  in  the  general  law  of  the  State  for  non- 
resident garnishees  ;  with  this  proviso,   however,  that  the  sum- 
mons must  be  returnable  to  the  Superior  Court  of  the  county  of 
the  residence  of  such  garnishee,  and  further  proceedings  be  had 
in  said  Superior  Court. 

§  4834.  Any  notice  which  may  be  required  to  be  given  in  any  Notice— i)r 
attachment  case  in  said  court,  in  order  to  make  the  judgment  ag'.rv^i. 
lien  on  all  the  property  of  the  defendant,  or  otherwise,  may  be 
served  by  the  Sherift*  of  said  court,  or  any  Constable  of  the  city 
of  Savannah :  and  plaintiffs  in  attachment  may  examine  wit-  ,„., 

,-.  \.        .,..,  "^  ,,       Witnessps 

nesses  residing  out  oi  said  city,  in  the  same  manner  or  under  the  residing  out 
same  rules  and  regulations  prescribed  by  the  the  general  law  ofty. 
the  State. 

§  4835.  In  attachment  cases  in  said  court,  ten  days'  notice  by  Parties— 
scire  facias^  to  make  parties,  shall  be  sutiicient.  how  made. 

§  4836.  Scire  facias  to  make   parties  in  any  cause   in  said  scire /aciut, 
court  shall  be  had  as  in  the  Superior  Court ;  but  such  scire  fa-  [.anies.*^ 
das  shall  run   throughout  the  State,  and  may  be  served  by  any 
Sheriff"  thereof;  and  service  ten  days  before  the   return  term 
thereof  shall  be  valid  and  sufficient. 

§  4837.  The  general  law  of  the  State  in  reerard  to  witnesses  witnessee, 

1    .1      .  ,  ,       ~i  •     ,  .        .  ^°     ,Y^  -1        ■  ,.•11       and  their  .It- 

and  their  attendance,  interrogatories,  sets-on,  affidavits  oi  ille- tendance, 
gality,  arbitration,  and  the  examination  of  parties  to  suits  by  in- 
terrogatories, or  under  subpoena,  and  all  other  matters  of  a  judi- 


948  APPENDIX. — Laws  in  reference  to  the  City  of  Savannah. 


Article  10. — City  Court  of  Savannah. 


cial  nature,  witliin  the  jurisdiction  conferred  on  said  Cit}^  Court, 
shall  be  applicable  to  said  City  Court,  respect  being  liad  to  the 
nature  of  the  different  tribunals ;  but  subpo'nas  shall  be  served 
l)y  the  Sheriff  of  said  court,  or  a  Constable  of  said  city,   or  a 
.  .     private  person  ;  and  a  counnission  to  examine  witnesses  may  is- 
to  take  tes-  suc  ou  thrcc  davs  notice  to  the  opposite  party,  or  his  attorney, 
timony.  §4838.  The  Judge  of  said  court  shall  have  power  to  cause 

''^*'"'"*^*'*- testimony  to  be  taken  dc  hene  esse^  in  all  cases  pending  in  the 
same,  according  to  the  general  law  of  the  State,  due  regard  be- 
ing had  to  the  nature  of  the  tribunals;  and  the  said  Judge  and 
other  officers  of  said  court  shall  have,  respectively,  po^ver  to  ad- 
minister all  oaths  pertaining  to  tlicir  respective  offices,  as  fully 
as  tlie  .Judge  and  other  officers  of  the  Superior  Court  may,  in 
like  cases,  do. 
ju.ipisciork      §  4H89.  All   the  duties  and  liabilities  attached  to  the  Superior 
""gpecthc    and  Inferior  Courts,  and  to  the  Sheriffs  of  the  counties,  shall  be 
duties  of.      ;^t.,(.i,(.,i   t„  the   Clerk  and   Sheriff  <.f  said   City  Court;  and   the 
Judge  of  said  court  is  empowered  to  exercise  the  same  authority 
over  the  Clerk  and  Sheriff,  and  other  officers  of  said  court,  as  is 
legally  exercised  by  the  Judges  of  the  Superior  Court  over  the 
Clerks  of  the  Superior  Court  and   Sheriffs  of  the  counties,  and 
other  officers  amenable  to  them. 


Oath  of  the       §4S40.   Said  Clerk   and  Sheriff  of  said   City   Court  shall,  rc- 

sbcrm. '      spectivcly,  take  an  oath  similar  to  that  prescribed   for  Clerks  of 

the  Superior  and   Inferior  Courts,   and  for   the   Sheriffs   of  the 

counties ;  and   said  oaths  may  be  administered  l)y  the  Judge  of 

said  City  Court,  or  the  Mayor  or  Clerk  of  the  City  Council  of 

Savannah. 

TheCKik         §4^-11.   Said  Sheriff  and  Clerk  of  said  City  Court  may  sue  and 

and  siuritr  \^q  sxxqA  ill  Said  court ;  but,  wlien  the  Clerk  mav  be  defendant  in 

may  sue  iind  .  i      ii     i  •  i     i  i       *  t     i  i  •  i 

be  sued  In    anv  actiou,  thc  process  shall  be  sijjned  by  the  Judge;  and  said 

ft&iil  court  *  o  >/  o      - 

Clerk  shall,  if  re<piired,  copy  the  petition  and  annex  the  process 
thereto ;  and  the  Clerk  shall  also  make  out  final  process  in  any 
case  in  which  he  may  be  interested,  as  in  other  cases,  which  shall 
be  signed  by  the  Judge  and  executed  as  in  other  cases ;  and  in  all 
Z'^'^':1K^'^   cases  before  said  Court,  in  which  the  Sheriff  shall  be  plaintiff  or 

Sherin,  how     ■,    (,        ■,  ihit  i  inriiiii  i 

directed  and  defendant,  process  shall  be  directed  to  the  Marshal,  and  all  and 
singular  the  Constables  of  the  city  of  Savannah,  and  may  be 
served  by  any  one  of  them  ;  and  the  proceedings  thereon  shall  be 
as  in  other  cases. 

Attorney's  §  4842.  Thc  attorucy's  fee  in  each  cause  brought  in  said  court, 
(and  in  all  attachment  cases  returnable  to  said  court,  and  actually 
put  into  the  hands  of  an  officer  for  service.)  shall  be  five  dollars, 
such  fee  to  be  taxed  in  the  bill  of  costs.  But,  where  the  defend- 
ant shall  prevail,  thc  defendant's  attorney  shall  be  allowed  a  fee 
of  two  dollars ;  and  three  dollars  shall,  in  every  case,  become  im- 
mediately due  to  the  city  of  Savannah,  to  be  paid  to  the  Clerk, 
and  by  him  accounted  for,  and  paid  over  in  quarterly  returns  to 
the  City  Treasurer  of  Savannah.     Every  officer  receiving  an  at- 


ttt. 


APPENDIX. — Laws  in  reference  to  the  City  of  S>vannaii.  ^49 


Article  10. — Citv  Court  of  tiavaiiiiali 


tachment  for  service,  shall  immediately  report  the  same  to  the  ^•Jf^'Jj^ *j*- 
said  Clerk,  who  shall  immediately  collect  the  city  fee  from  the  <■«'??. 
attaching  party,  or  his  attorney  ;  and  if  said  Clerk  shall  fail  to 
make  any  quarterly  return  and  payment  as  aforesaid,  he  shall 
pay,  for  the  use  of  said  city,  the  penalty  of  five  hundred  dollars, 
to  be  enforced  in  said  court,  by  attachment  against  the  Clerk  for 
a  contempt. 

§  4843.  In  any   case  where  it  may  be  necessary  to  attach  the  "^''r'^yVv"* 
Clerk  of  said  court,  it  shall  be  lawful  for  the  Judge  thereof  to'ieru. 
call  in  the  services  of  the  Clerk  of  the  City  Council  of  Savan- 
nah ;  and  the  Marshal  of  said  City  shall  be  competent  to  enforce 
any  attachment  by  said  Judge  against  the  Sheriff  thereof. 

§  4844.  The  Clerk  of  said  court  shall  copy  into  a  book  of  rec-  proTcmiinU 
ord,  to  be  provided  by  the  Mayor  and  Aldermen  of  Savannah,  -^^^ "''"'" 
all  the  proceedings   in  all  the  civil   cases  in  said   court ;  which 
entry  of  record  shall  be  made  within  twenty  days  after  the  deter- 
mination of  any  cause;  and  the  Clerks  shall  be  allowed  the  same 
fees  for  that  service,  to  be  taxed  in  the  bill  of  costs,  as  are  allow- 
ed in  the  Superior  Courts  for  similar  service  ;  and  the  said  Clerk 
shall   keep,  from  day  to  day,  regular  minutes  of  the   proceedings  comt. 
of  said  Court,  Avhich  shall  be  examined  and  signed  by  the  Judge. 

§4845.  All  persons  residing  within  the  corporate  limits  of  Sa- ^^!',[."J*;/"'^'j 
vannah,  and  liable   to  serve  as  jurors  in  the   Superior   Court  of 
Chatham  County,  shall  be  liable  to  serve  as  jurors  in  said  City 
Court ;  and  the  Judge  of  said  court  shall  conform  to  the  laws  of 
this  State  pointing  out  the  mode  of  selecting,  drawing  and  sum- 
moning jurors  for  the  Superior  Court,  except  as  may  be  herein- 
after mentioned  ;  and  the  fines  and   other  proceedings  relative  to 
non-attendance  of  jurors,  or  contempts  by  them  committed,  shall 
be  in  conformity  with  the  general  law  ;  and  the  oaths  to  be  admin- oaths  of  ju- 
istered  to  juries  and  witnesses  in  said  City  Court,  upon  the  trial  nesser'"''' 
of  civil  causes,  shall  be  the  same  as  are  by  law  to  be  administered 
to  juries  and  witnesses  in  the  Superior  Courts. 

§  4846.  The  Judge  of  said  City  Court  shall,  previously  to  the  """  '"••''^^^• 
adjournment  of  any  regular  or  adjourned  term  thereof,  draw, 
conformably  to  the  laws  of  the  State,  twenty-three  persons  to 
serve  on  an  inquest  or  grand  jury  for  the  said  court  and  city,  and 
twenty-four  persons  for  the  trial  of  all  civil  and  criminal  cases 
of  which  said  court  has  jurisdiction :  but  no  inquest  or  grand  iury  *^'''=»n.<V";:>' 

111  •ft  !•!  .1  -I  J./   consist  of 

shall  consist  oi  less  than  eighteen  persons,  though  twelve  persons "ii-'iiti-en nt 
of  any  grand  jury  may  find  a  bill  or  make  a  presentment ;  and  ''"^'' 
the  mode  of  proceeding  and  trial  in  all  criminal  cases  in  said 
court  shall  be  the  same  as  in  the  Superior  Courts  of  the  State; 
and  the  oaths  to  be  administered  to  jurors  and  witnesses  in  said 
City  Court,  shall  be  the  same  as  those  administered  to  jurors  and 
witnesses  in  criminal  cases  in  the  Superior  Courts. 

§  4847.  It  shall  be  the  duty  of  the  Clerk  of  said  City  Court,  J^';^.^^^^;^'- 
under  the  direction  of  the  Judge  thereof,  at  least  once  in  every  "'i"ty- 
three  years,  beginning  within  six  months  after  the  promulgation 


950  APPENDIX. — Laws  in  referencs  to  the  City  of  Savannah. 


Article  JO. — City  Court  of  Savannah. 


of  this  Code,  to  make  out  a  complete  list,  from  the  best  sources  to 
be  determined  by  said  Judge,  of  all  persons  liable  to  do  jury  duty 
in  said  court ;  from  which  list  the  Judge  shall  select  those  most 
competent  to  do  grand  and  special  jury  duty,  Avhose  names  shall 
be  then  placed  by  said  Clerk  on  convenient  slips  of  paper,  in  the 
grand  jury  box  ;  and  the  remaining  persons  shall  do  petit  jury 
duty,  and  their  names  shall,  in  like  manner,  be  deposited  in  the 
petit  jury  box. 
;!„7ko?"hy  §  4848.  The  jury  boxes  shall  be  kept  by  the  Clerk,  and  the 
wh..mkopt.  j^gyg  ],y  j]jg  Sheriff;  and  no  jury  box  shall,  under  any  pretence, 

be  opened  but  by  the  authority  of  the  Judge. 
Dcfaniting        §  4849.  The  Judge  of  said  court  shall,  in  all  cases,  determine 
i'lTw-sV'^     on  the  validity  of  the  excuses  of  jurors  ;  and  he  may,  in  any  case, 
in   term  time  or  vacation,  relieve  a  juror  from  payment  of  a  fine, 
at  any  time   before  the   same  is  paid  over,  if,  in   the  discretion  of 
said  Judge,  circumstances  shall  seem  to  warrant  such  remission. 
KiLdT)  §  -1850.   The  grand  and  petit  jurors,  in  said  court,  shall  not  be 

j^jj^yj^^jj'^"*''''' compelled  to   serve  longer  than  one  week,  except  when  actually 
>vc<k.  engaged  in  the  trial  of  a  case  at  the  expiration  of  such  week  ;  but 

the   Judge   is  authorized,    hereby,  to   have   summoned,   instanter, 
either  by  drawing  from  the  jury  boxes,  or  otherwise,  any  addi- 
tional number  of  grand  and  petit  jurors  that  in  his  discretion  he 
may  deem  necessary  to  perform  the  service  demanded  by  the  busi- 
ness before  the  court. 
Expenses  of      §4851.  In  all  cases  where,  under  execution  or  attachment  pro- 
leTioT.Mi      ^^^®'  returnable  to   said  court,   horses,  mules,  or  other  live  stock, 
may   be  levied  upon,  the  Sheriff  or  other  levying  oflBcer  shall  be 
allowed  the  amount  of  stabling  or  keeping  necessary,  according 
to  the  current  rates  actually  expended  by  him  :  and,  in  all  cases 
of  levy,  under  process  as  aforesaid,    horses,  mules,  hogs,  or  other 
ivoi.frtv  of  live   stock,  or  dry  goods,  groceries,  or  other  property  of  a  perish- 
nitu'rc  may  «ible   naturc,  may  be  sold  by  order  of  the  Judge  of  said  court, 
Irr.k'r.'^ ''"^    upon  application  to  him,  on  oath,  at  such  time  and  place  as  to  him 
may  seem  most  advantageous  ;  Provided^  that  not  less  than  ten 
days'  notice  be  given  in  a  public  gazette,  and  at  the  court  house 
in  said   city,  of  the  time  and   place  of  sale ;  except  in  cases  of 
fruit  or  other  articles  that  would  be  greatly  deteriorated  by  a  de- 
lay of  ten  days. 
u>rtiorari,        §  4852.  When  either  party  to  a  cause  in  said  court  shall  take 
;;"jy  ^n^*^     exceptions  to  any  proceedings   in  a  suit,  affecting  the  real  merits 
rhcreon'"^*  of  the  Same,  it  shall  be  the  duty  of  the  Judge  to  cause  to  be  made 
and  filed  of  record  in  said  court,  a  just  and  true  statement  of  the 
facts  relating  thereto,  and  of  all  legal  points  arising  therein ;  and 
the  said  party,  after  a  full  compliance  Avith  the  law  of  the  State 
regulating  the  granting  of  certiorari,  may  apply  to  the  Judge  of 
the  Eastern  District  for  a  writ  of  certiorari,  who  shall  grant  the 
same,  if  he  shall  deem  the  exceptions  taken  to  be  sufficient ;  but 
no   writ  of  certiorari  shall  issue   after  three  months  from  the  ad- 
journment of  the  term  at  which  the  exceptions  are  taken. 


APPENDIX. — Laws  in  reference  to  the  City  of  Savannah.  951 

Article  10. — Ciiy  Court  of  Savannah. 

§  4853.  In  any  case  where  it  may  be  necessary  to  have  proper-  f  Jp^^t^^"'^ 
ty  levied  on   by  tlie   Sheriff  of  said  court,   guarded,  said  Sheriff "itputy 

.  ♦',   ,  .  •    1    J  r         1  when. 

may  appomt  and  have  sworn  m,  a  special  deputy  lor  that  purpose; 
and  the  Judge  may  allow  a  reasonable  compensation  in  such  case, 
and  in  any  other  case  where  the  Sheriff  may  require  assistance; 
and  if  any  person  shall  oppose,  resist,  assault  or  beat  any  special 
Sheriff  in  tiie  discharge  of  his  duty,  such  person  shall,  on  convic- 
tion, be  fined  or  imprisoned  at  the  discretion  of  the  court. 

§4854.  The  Constables,  and  ex  officio  Constables,  of  the  city  |;f''"J|f' "^ 
<jf  Savannah,  from  time  to  time  shall  be  Constables  of  said  court,  ^'^y^^'^"'^'*''' 
.'■o  far  as  to  authorize  them  to  serve  all  process  and  orders  of  said  tiimfJr. 
court  to  them  directed  ;  but  the  Judge  of  said  court  is  hereby 
empowered  to  select,  in  conjunction  with  the  Mayor  of  said  city, 
five  members  of  the  mounted  or  foot  police  of  Savannah,  as  spe- 
cial bailiffs  of  said  court,  who  shall  remain  bailiffs,  as  aforesaid, 
for  one  year,  unless  removed  as  bailiffs  by  the  Judge,  or  in  case 
of  dismissal  or  resignation  from  said  police.  It  shall  be  the  duty 
of  three  of  said  bailiffs  to  attend  allsittings  of  said  court,  subject 
to  the  orders  of  the  Judge  thereof;  and  they  shall  receive  one 
<lollar  a  day,  Avhilst  so  attending,  to  be  paid  from  the  fines  and 
forfeitures  in  said  court ;  said  bailiffs  being  empowered  to  serve 
any  criminal  warrant  within  the  jurisdictional  limits  of  said 
court ;  {Provided,  the  warrant  does  not  issuefor  an  offence  above 
the  grade  of  misdemeanor,)  and,  for  purposes  thereof,  shall  be 
considered  lawful  Constables  of  the  State  of  Georgia,  and  receive 
the  same  fees  as  may  be  allowed  by  law  to  the  Constables  of  this 
State  ;  Provided,  nothing  herein  contained  shall  be  construed  to 
relieve  such  bailiffs  from  any  other  duties  imposed  by  law,  which 
shall  not  interfere  with  the  duties  above  imposed, 

§4855.    Upon    the    petition    of  any    ship-master,    supercargo,  summiry 
owner  or  consignee  oi  any  vessel,  or  ot  any  articled  seaman,  or  Wori-  said 
any  mariner  or  apprentice  attached  to  a  ship  or  vessel,  who  shall  ga^lg'^pg^.;. 
have  any  dispute   or   difference  with   any  person,    touching   any  *^**'- 
contract,   agreement,   sale,   promise,  debt  or  demand  Avhatsover, 
within  the  jurisdiction  of  said  City  Court,  or  who  shall  be  charged 
with  any  assault,  or  assault  and  battery,  trespass  to  the  person, 
or  other  offence  within  the  jurisdiction  of  said  court,  committed 
anywhere  within  the   County  of  Chatham,   or  where  such  ship- 
master,  supercargo,  owner  or  consignee,    or  articled  seaman,  or 
mariner,  or  apprentice,  may   prosecute  for  assault,  or  assault  and 
battery,  or  trespass  to  the  person,  or   other  offence  within  the 
jurisdiction  of  said  court,  committed  anywhere  in  said  county,  or 
may  be  plaintiff  in  any  such  dispute  or  difference,  touching  any 
contract,  agreement,   sale,  promise,  debt  or  demand  whatsoever, 
within  the  jurisdiction  of  said  court,  setting  forth  under  oath,  in 
such  petition,  the  nature  of  his  case,  and  that  he  cannot,  without 
great  inconvenience  and  damage  to  him,  await  the  determination 
of  such  matter  in  difference,  or   the  trial  of  such  charge,  by  the 
ordinary  and  usual  mode  of  proceedings  in  the  courts  in  this  State, 


952  APPENDIX. — Laws  in  reference  to  the  City  of  Savannah. 


Article  10. — City  Court  of  Savannah. 


it  shall  be  lawful  for  the  Judge  of  said  court,  and   he  is  hereby 
Special        required  and  directed,  to  order  and  appoint  a  special  or  extraor- 
dinary court,  to  be  held  within  forty-eight  hours  after  tlie  grant  oi 
such   order,    for  the  trial  of  any  such  cause,  matter  in  difference, 
charge  or  offence  ;   and  the  said  Judge  shall,  immediately,  or  with- 
-lury,  by      in  twcuty-four  hours  after  the  granting  of  such  order,  draw  the 
when**^"'     necessary  jury  or  juries  for  the  investigation   and  trial  of  such 
drawn.        matter  of  dispute,  civil  or  criminal ;  and  such  jury  or  juries  shall 
be  forthwith  summoned  to  appear  at  the  time  and  place  appointed  ; 
and  further  proceedings  shall  be  had,  in  a  summary  way,  as  may 
be  agreeable  to  law,  and  as  though  snid  court  were  in  se>.'^ion  at  a 
regular  term. 
i2honrsno-      §  48ot).  At  the  tiuic  and  placc  wliich  the  said  Judge  shall  ap- 

tice  of  the  ■'  ...  ,    l  -nit  ii'  • 

time  ami      point,  tlic  partics,  being  duly  notified  by  twelve  hours   prtvious 

iiMrhit'.  notice  of  such  time  and  place,  shall  attend  per.sonally  in  aiiy 
criminal  case,  and  pcsonally  or  by  attorney  in  any  civil  case, 
before  the  said  Judge,  who  shall  then  hear  the  parties,  and  shall 

Trhvi.  in  a  summary  way  proceed  to  judgr;   and  determine  such  cau.>>e, 

and  shall,  forthwith,  by  the  usual  process  of  said  court,  execute 
the  judgment  of  said  court  in  such  cau.se,  unices  exceptions  to 
such  judgment  shall  be  taken  by  either  party  in   a  civil   ca.-e  on 

Kxccptions.  the  pronouncing  of  such  judgment;  and  if  either  party  shall  so 
except,  or,  in  a  criminal  case,  the  defendant  .shall  so  except,  it 
shall  be  his  duty  forthwith  to  apply  to  the  Judge  of  ihe  ISuperitir 

cprtir.riiri.  Court  of  the  Eastern  District  for  a  certiorari,  founth  d  on  such 
exceptions,  which,  if  allowed  by  the  Judge  of  the  said  di.sirict, 
within  twenty-four  hours  after  the  rendition  of  such  judgment, 
shall  be  a  supersedeas  thereof;  and,  in  case  of  the  absence  of  the 
Judge  of  said  district,  then  reasonable  time  shall  be  allowed  to 
the  party  making  such  exception  to  make  such  applicatinn,  the 

uondof  ap-  said  party  giving  good  bond  and  security  to   ihe  t-tlier  party,  t<» 

I) leant.  1^^  approved  of  by  the  Judge  of  said  City  Court,  conditioned  'o 
abide  the  final  decision  of  the  cause. 

jnrisdietion       §  4857.  At  such  spccial  or  extraordinary  courts,  the  said  Judge 

and  power  of    ,     „  ,  _   ,,  ^  ,  •  i  •    i  • 

the  Judge     shall  havc  full  power  to  try  each  cause  in  which  any  captain  or 
court,"^*""^   commander  of  a  vessel,  or  articled  seaman,  or  mariner  or  appren- 
tice attached   to   a  ship  or  vessel,  may  be  a  party,  in   the  most 
summary  and  speedy  manner,  and   to  compel  the  attendance  of 
Witnesses     witnesscs  by  the  most  sumraai'y  process  that  can  be  devised  ;  and 
attend.  ^'      no  more  delay  shall  occur  in  the  trial  of  such  causes  than  such  as 
is  indispensalile  to  the  due  administration  of  justice:  and  the  said 
Judge   shall   have   power  to  enforce,   by  order  and   process,   the 
Production    bringing  before  him  of  any  and  all  papers  appertaining  to  such 
papers,     ^j^^g^^  whcrevcr  such  papers  may  be,  whether  actually  returne<l  to 
another  court  within  the  city  of  Savannah,  or  not  so  returned. 
JonMhe  ^''      §  -ISoS.  The  foregoing  provisions  in  regard  to  special  or  extra- 
foreKoing      Ordinary  courts,  and  Avrits  of  certiorari  thereto,  shall  apply  to  all 
pr^ee  insrs  ^^^^^g  whcrc  any  person  or  persons  shall  be  charged  and  prose- 
cuted for  the  offence  of  abducting,  entertaining,  secreting,  lodg- 


APPENDIX. — Laws  in  reference  to  the  City  of  Savannah.  958 


Article  10. — City  Court  of  Savannah. 


ing,  or  concealing  any  articled  seaman,  or  mariner,  or  apprentice, 
or  suffering  the  same  to  be  done,  or  aiding  or  assisting  any 
articled  seaman,  or  mariner,  or  apprentice  to  desert  his  ship  or 
vessel,  or  secretly  carrying  off  any  articled  seaman,  or  mariner, 
or  apprentice  from  any  such  ship  or  vessel,  or  harboring  -with 
intent  to  inveigle,  entice,  carry  away,  abduct,  or  secretly  carry 
off  any  articled  seaman,  or  mariner,  or  apprentice  from  a  ship  or 
vessel,  or  affording  any  conveyance  or  facility  to  such  seaman,  or 
mariner,  or  apprentice  to  desert  such  ship  or  vessel,  as  defined  in 
this  Code,  or  in  any  law  of  this  State,  present  or  future,  and  not 
subjecting  the  offender  to  imprisonment  in  the  penitentiary, 
whether  such  offence  be  committed  in  the  jurisdictional  limits  of 
the  city  of  Savannah,  or  within  any  part  of  the  county  of 
Chatham,  upon  the  application  to  said  Judge  by  the  prosecutor  in 
such  case,  or  other  person  in  interest,  by  petition,  on  oath,  stating 
that  he,  or  the  witnesses,  or  some  of  them,  necessary  in  carrying 
on  said  prosecution,  cannot,  witliout  great  inconvenience  and 
damage  to  him  or  them,  await  the  trial  of  such  charge  or  prosecu- 
tion by  the  usual  and  ordinary  course  of  proceedings  in  the  courts 
of  the  State. 

§  4859.  The  Sheriff  and   Clerk   of  said  City  Court,   and   all  The  riork. 
bailiffs  thereof,  shall  attend  such  special  or  extraordinary  courts,  bauiffs  Than 
and  shall  be  entitled   to   the  fees   allowed   by  law  for 'services  •'"'"''• 
therein  ;  and,  in  civil  cases  therein,  the  fee  of  three  dollars,  for 
use  of  the  city,  shall  be  paid  by  the  plaintiff  in  each  case,  to  be 
taxed  in  the  bill  of  costs  against  the  losing  party. 

§  48G0.  For  preventing  vexatious  arrests  and  fraudulent  de- ^j.';^*^*^""* 
tention  of  articled  seamen,  or  mariners,  or  apprentices  attached 
to  a  ship  or  vessel,  it  shall  not  be  lawful  for  any  keeper  of  a  tavern 
or  tippling  house,  or  any  other  person,  Avhen  an  articled  seaman, 
or  mariner,  or  apprentice,  as  aforesaid,  shall  have  been  committed 
to  jail  by  his  captain,  or  the  owner  or  consignee  of  his  vessel,  to 
lodge  a  detainer  under  the  pretence  of  civil  process  founded  on 
debt  or  civil  contract ;  but  in  any  such  case^  when  any  articled 
seaman,  or  mariner,  or  apprentice,  as  aforesaid,  shall  have  been 
so  committed  to  jail,  it  shall  be  the  duty  of  the  jailor  to  surrender 
such  seaman,  or  mariner,  or  apprentice,  as  aforesaid,  upon  the 
requisition  of  the  owner,  captain,  or  consignee  committing  him, 
notwithstanding  any  detainer  which  may  be  or  have  been  lodged 
against  such  seaman,  or  mariner,  or  apprentice,  founded  on  civil 
process ;  and  upon  failure  of  such  jailor,  within  the  limits  of 
Savannah,  to  make  such  surrender,  the  same  may  be  enforced  by 
summary  order  of  the  Judge  of  said  City  Court,  directed  to  the 
Sheriff  and  Constables  of  said  court. 

§  4861.  It  shall  not  be  lawful  for   any  Sheriff,  Constable,  orAn-estof 
other  officer  to  arrest  any  articled  seaman,  or  mariner,  or  appren- Sc"cTvir" 
tice  attached  to  any  ship  or  vessel,  on  civil  process,  within  twenty- 1""''"'^"'"- 
four  hours  next  immediately  before  the  time  which  shall  have  been 
designated  by  advertisement  for  the  sailing  of  such  vessel,  or  after 


954  APPENDIX. — Laws  in  reference  to  the  City  of  Savannah. 


Article  10. — City  Court  of  Savannah. 


the  lapse  of  such  time,  if  such  vessel  shall  have  been  detained 
beyond  that  time  by  adverse  wind  or  other  cause ;  and  in  case  of 
any  such  arrest  within  such  time,  anywhere  within  the  limits  of 
Chatham  county,  the  Judge  of  said  City  Court  shall  have  power 
and  authority  to  discharge  such  seaman,  or  mariner,  or  apprcn- 
-  tice  instantly  on  the  application  of  the  captain,  owner,  or  con- 
signee showing  that  such  arrest  was  made  within  the  time  pro- 
hibited ;  and  the  officer  making  such  arrest  shall  be  punishable  by 
indictment  in  said  court,  and,  on  conviction,  shall  be  fined  in  a 
sum  not  exceeding  one  hundred  dollars, 
may  havc\  §  4862.  If  any  articled  seaman,  mariner,  or  apprentice,  as 
summary  aforcsaid,  sliall  be  arrested  under  civil  or  criminal  process  issued 
by  any  Justice  of  the  Peace  or  Justice  of  the  Inferior  Court,  for 
any  matter,  cause,  or  thing  within  the  jurisdiction  of  the  said 
City  Court,  or  offence  committed  anywhere  in  the  county  of 
Chatham,  whether  hereinbefore  specified  or  not,  the  captain, 
owner,  or  consignee  of  tlie  vessel  to  which  such  seaman  shall  be 
under  articles  at  the  time  of  such  arrest,  or  to  whicli  such  mariner 
or  apprentice  may  belong,  shall  be  entitled  to  apply  to  said  Judge 
for  a  summary  hearing,  as  hereinbefore  provided  for  other  sum- 
mary hearings  before  said  court ;  and  the  said  Judge  shall  have 
full  power  and  authority  to  take  jurisdiction  and  cognizance  of 
such  cause,  and  finally  decide  the  same,  as  in  the  said  other  cases 
otHcor  and  of  Summary  hearing ;  and  it  shall  be  the  duty  of  the  officer 
"haiiuirn^  making  such  arrest,  and  of  the  Justice  from  whom  the  process 
«.v«r  papirs.  emanated,  on  the  requisition  of  the  said  Judge,  to  transmit  to  the 
said  Judge  all  documents  and  papers  in  relation  thereto ;  and  the 
same  proceedings  in  regard  to  certiorari  shall  be  had  as  are 
applicable  to  other  trials  before  such  special  or  extraordinary  courts. 
mayboT"-  §  4803.  AVhcnevcr,  after  any  order  shall  have  been  granted  by 
(bre  ufc  ta'ai  ^^'^  Judgc,  appointing  a  special  or  extraordinary  term  of  said 
—when.  court,  for  the  trial  of  any  criminal  offence  therein  cognizable,  and 
application  may  be  made  to  the  said  Judge  by  the  prosecuting 
officer  of  the  said  court,  or  by  the  defendant  or  defendants,  or 
parties  charged  with  such  offence,  or  his  or  their  counsel,  (such 
application,  if  made  by  the  parties  themselves,  to  be  verified  by 
affidavit,)  setting  forth  that  a  material  witness  or  witnesses  for 
the  applicant  is  or  are  about  to  leave  the  city  of  Savannah,  and 
on  that  accomit,  or  from  imminent  sickness  or  other  cause,  will 
not,  in  reasonable  probability,  be  able  to  be  present  at  the  trial  of 
the  cause  in  which  his  or  their  testimony  is  needed,  it  shall  be  the 
duty  of  the  said  Judge  forthwith  to  order  process  of  subpoena  to 
issue,  requiring  said  witness  or  witnesses  to  appear  in  person 
before  him,  at  a  certain  place  and  time,  (of  which  time  and  place 
the  said  prosecuting  officer,  and  the  said  defendant  or  defendants, 
or  parties  charged,  shall  have  at  least  twelve  hours  notice,)  to  give 
testimony  in  the  said  cause ;  at  which  time  and  place  the  said 
Judge  shall  take  down  in  writing  the  answers  of  the  said  witness 
or  witnesses,  given  under  oath,  to  the  question  or  questions  to  be 
propounded  to  him  or  them,  touching  the  said  cause,  on  examina- 
tion and  cross-examination,  by  the  parties  respectively,  or  their 


APPENDIX. — Laws  in  reference  to  the  City  of  Savannah.  955 


Article  10. — City  Court  of  Savannah. 


counsel ;  such  examination  to  be  made  and  testimony  to  be  re- 
ceived in  accordance  with  the  usual  practice  in  courts  of  justice 
and  -with  the  rules  of  evidence ;  which  said  answers,  when  so 
taken  and  committed  to  writing,  shall  be  sealed  up,  appropriately 
endorsed  and  certified  under  the  hand  of  said  Judge,  and  shall 
remain  in  the  office  of  the  Clerk  of  said  court,  for  the  benefit  ofmayYJ'us^i 
both  parties,  and  may  be  read  iis  evidence  upon  the  trial  of  thcp^^''"''" 
cause  in  or  with  reference  to  which  the  said  testimony  may  have 
been  taken,  as  aforesaid ;  Provided,  the  said  witness  or  witnesses 
shall  not  be  personally  present  to  testify  in  such  cause  at  said 
trial,  and  not  otherwise. 

§  4864.  No  appeal  to  a  special  jury  shall  be  allowable  in  any  ^jPP^*',"''^ 
case  before  any  special  or  extraordinary  session  of  said  court. 

§  480;").  In  consideration  of  the  additional  labor  imposed  upon*^a!a''y<'fSo- 
the  Solicitor  General  of  the  Eastern  District,  in  appearing  andr'aT.  ""^ 
prosecuting  criminal  causes  at  the  regular  and  special  terms  of 
said  court,  he  shall  have  and  receive,  in  addition  to  the  fees 
allowed  by  laAv,  the  sum  of  five  hundred  dollars  per  annum, 
payable  in  quarterly  instalments  from  the  fines  and  forfeitures  in 
said  court ;  but,  in  case  of  the  absence  of  the  Solicitor  General, 
such  fees  shall  be  paid  to  the  Solicitor  General  pro  tempore  ;  and 
the  fees  of  the  Solicitor  General  shall  in  all  cases  be  the  same  as 
are  allowed  by  law  in  the  Superior  Courts. 

§  4866.  Moneys  arising  from  jury  fines,  and  fines  imposed  for  r^^'^^om"*" 
violation  of  the  penal  laws,  and  collected  from  forfeited  recog-finc*- 
nizances  in  said  court  shall  be  subject  to  the  payment  of  the  fees 
of  the  Solicitor  General,  and  the   Clerk   and   Sheriff,  and  other 
officers  of  said  court,  in  criminal  cases ;   and  the  Solicitor  Gen- 
eral, Clerk,  and  Sheriff,  and  other  officers  bringing  the  money  officers 
into  court  shall  be  entitled  to  have  their  insolvent'bills  paid  first,  minoy  fnto 
and  then  the  bills  of  former  Solicitors,  Clerks,  and  Sheriffs,  and'""'^ 
other   officers   shall   be   paid   according   to   priority ;   but  no   bill 
remaining  unpaid  for  a  longer  time  than  four  years*  shall  take  any 
part  of  said  fund. 

§  4867.  It  shall  be  the  duty  of  the  Justices  of  the  Peace,  and  :^"*"<=<"'^ 

.1  .    .  .         *'  „  .  .   ,  .        ,    '  ">e  Peace- 

other  persons  exercising  the  powers  of  magistrates  within  the  city '"s  power. 

of  Savannah,  to  commit  or  place  under  bonds  all  persons  charged 
with  misdemeanors  committed  within  the  jurisdictional  limits  of 
the  city  of  Savannah,  or  elsewhere,  and  within  the  special  juris- 
diction of  said  City  Court,  for  trial  before  the  City  Court  of 
Savannah,  instead  of  the  Superior  Court ;  and  if  any  such  case 
be  returned  to  the  Superior  Court,  the  Judge  thereof  is  hereby 
empowered  to  order  said  case  transferred  for  trial  to  said  City 
Court ;  and  all  bonds  and  other  papers  forming  said  record  shall 
be  deemed  and  considered  as  valid  and  binding  as  if  returned  in 
the  first  instance  to  said  City  Court ;  and  it  shall  be  the  duty  of 
the  Solicitor  General  to  prosecute  all  such  cases  in  the  said  City 
Court;  and  in  all  such  cases  of  misdemeanor  returned  to  the 
Superior  instead  of  said  City  Court,  the  Magistrate  so  returning 


9oG  APPENDIX. — Laws  in  reference  to  the  City  of  Savannah. 

Article  10. — City  Court  of  Savannah. 


the  same  shall  forfeit  all  co.sts  and  charges  in  the  same ;  nnd  such 
Magistrate,  so  acting,  may,  besides,  be  attached  and  punished   as 
for  contempt  in  said  Superior  or  City  Court. 
Pea^ewar-        R  4808.  All  pcuce  Avarrants  and  bonds  to  keep  the  peace  taken 

rants  and        .      '\-,,        ,  '■  ini  ^    ■  ^•        ^  \        r~,    ,■    ■ 

bonds.  in  Chatham  county  shall  1)0  returned  immediately  to  the  Solicitor 
General  of  the  Eastern  District,  or,  in  his  absence  from  said 
county,  to  the  Clerk's  office  of  the  said  City  Court  of  Savannah, 
and  also  all  >varrants  and  bonds  for  offences  cognizable  by  said 
City  Court;  and  said  Solicitor  General  shall,  at  every  term  of 
said  City  Court,  lay  such  warrants  and  bonds  before  the  Judge 
thereof,  who  may  then  examine  into  any  such  case ;  and  if  it  shall 
appear  to  him  in  any  case,  from  the  papers  or  other  evidence  to 
be  presented  by  the  prosecution,  that  there  is  no  real  ground  for 
such  warrant  or  bond,  or  commitment  under  such  warrant,  or  that 
the  security  recjuircd  is  too  large,  or  too  small,  then  he  may  annul 
such  warrants,  cancel  such  bond,  relieve  from  such  commitment, 
order  less  or  more  security,  and  compel  the  prosecutor  to  pay  all 
cost  and  expenses,  as  in  his  discretion  may  seem  proper ;  and 
such  Judge  may,  in  any  such  case,  and  other  eases  of  prosecution 
before  said  court,  where  it  shall  ap])ear  to  him  that  corruption  or 
gross  oppression  has  been  practiced  by  any  Justice  of  the  Peace 
in  said  county,  compel  such  Justice  to  pay  all  the  costs  and  jail 
fees,  and  other  expenses,  in  such  case  ;  and  he  shall  cause  such 
Justice  to  be  bound  over  to  the  Superior  Court,  to  answer  for  such 
malpractice. 

Jury  fees.  ^  48G0.  For  ovei'v  verdict  rendered  in  a  civil  cause  in  said  court, 
the  jury  fees  shall  be  one  dollar,  to  be  paid  by  the  party  taking 
such  verdict.     And  in  every  case  where  the  plaintiff  may  be  lia- 

Attorneyiift  ble  for  costs,  and  resides  beyond  the  civil  jurisdictional  limits  of 

— whcn.*^**^  said  court,  judgment  for  such  costs  may  be  entered  up  against  the 
plaintiff's  attorney  of  record. 

Clerk  and  §  4870.  Exccpt  wlicrc  Otherwise  cxprcssly  provided  in  this  Code, 
the  costs  to  be  allowed  the  Clerk  and  Sheriff,  and  other  officers  of 
said  court,  shall  be  the  same  as  those  allowed  for  similar  services 
in  the  Superior  Court  of  Chatham  county  ;  and  the  provisions  of 
this  section  shall  apply  as  well  to  special  as  to  regular  terms  of 
said  court. 

Insolvent         §  4871.  Tlic  laws  of  the   State  in  relation  to  insolvent  debtors 

•lebtors  and  ji-ti 

their  dis-      and  their  discharge,  shall  apply  to  said   court,  where  any  person 
c  argc.        ^^^  ^^  arrested  by  process  issuing  out  of  it ;  but  all  suggestions 

of  fraud  in  said  court  must  be  tried  by  a  jury. 
Balance  due      §  4872.  "Where  the  balance  due  a  "defendant  shall  exceed   the 

defendant.      ..,..„, 

jurisdiction  of  the  court,  defendant  may  have  judgment  to  the  ex- 
tent of  the  jurisdiction,  and  may  afterwards  sue  for  the  amount 
of  excess  beyond  the  sum  so  by  him  recovered, 
pwucf  ^  4873.  The  Judge  of  said  court  may  make  rules  of  practice 

for  the  same,  not  in  conflict  Avith  the  general  laws  of  the  State ; 
and,  in  all  cases  of  fees  to  officers  where  such  general  laws  do  not 
strictly  apply,  he  may  by  rule  or  order  of  court,  fix  such  fees  by 
analogy  to  the  general  law. 


APPENDIX. — Laws  in  reference  to  the  City  op  Savannah.  967 

Article  11. — Justices  of  the  Peace  and  Justices'  Court. 

§  4874.   Continuances  in  said  court  shall  be  regulated  by  the^^"""""""" 
general  law  applicable  to  other  courts  of  record  of  the  State. 

§  48To.   The  keeper  of  the  common   iail  in  Chatham  county,  •{«ii"r-hi.s 

1     11       ^  1  f        •  ^     ^-  ^  y '  iluties  speci- 

sliall,  at  every  regular  term  oi  said  City  Court,  return  to  the  ficd. 
Judge  thereof,  a  jail  calendar,  containing  the  name  of  every  white 
prisoner  therein,  the  time  and  cause  of  commitment,  the  name  of 
the  committing  Magistrate,  or  Magistrates,  and  the  place  where 
the  alleged  offence,  or  other  cause  of  detention,  may  have  oc- 
curred ;  and  if,  in  any  case,  it  shall  appear  to  him  that  there  is  no 
good  cause  for  the  imprisonment,  he  may  discharge  such  prisoner 
on  such  terms  as  such  Judge  may  order ;  but  such  Judge  shall 
have  no  power  to  discharge  any  person  committed  for  contempt  of 
a  Court  of  record,  or  by  authority  of  the  Confederate  States,  or  any 
person  regularly  committed  on  charge  of  a  capital  offence. 

§  4870.   The'^Sheriff  of  said  City  Court  shall,  at  the  opening  of  ^,'T'^« , . 

,  ,,  1T1  •  1  ^  "         statement  to 

every  reguhir  term,  hand  to  the  Judge  a  just  and  true  statement  <tuJsc. 
of  all  moneys  received  by  said  Sheriff  from  fines  and  forfeited 
recognizances,  the  amount  paid  out  by  him,  and  the  account  on 
which  the  same  was  paid,  together  Avith  a  statement  of  the  bal- 
ance on  hand  ;  and  the  Judge  may  order  any  balance  paid  into 
the  registry  of  courr,  or  deposited  in  some  safe  place  of  keeping, 
subject  to  the  future  order  of  the  court. 

§  4877.  Whenever,  in  any  case,  the  said  court  shall  be  author- ^'""^T''  ^, 
izeu  to  sentence  a  person  to  imprisonment,  such  imprisonment  may, 
as  part  of  the  sentence  of  the  court,  be  in  any  work-house  estab- 
lished by  the  city  authorities  of  Savannah ;  and  the  Judge  may 
sentence  such  prisoner  to  work  in  such  place,  or  to  work  on  the 
streets  of  Savannah,  under  the  direction  of  tlie  city  authorities. 


ARTICLE    XL 

JUSTICES  OF  TEIE  PEACE  AND  JUSTICES'  COURT. 

Section.  i  Section. 

4878.  Civil  Jurisdiction.  1    4882.  Bail. 

4879.  Juclgmcnt  lirst  term.  |    4883.  Special  jurisdiction. 

4880.  PrtilT  and  deft  may  be  sworn.    J    4884.  Costs— by  whom  paid. 

4881.  Prosecutions  vs.  persons  of  color  ! 

§4878.  The  civil  jurisdiction  of  eacli  of  the  Justices  of  the <'.ivn  jurii- 
Peace  for  the  first,  second,  tliird,  nnd  fourth  districts,  shall  extend ''""""■ 
over  the  whole  of  said  districts,  and  two  miles  from  the  corporate 
limits  of  the  city  of  Savannah  as  established  by  law,  and  each  of 
the  Justices  for  the  aforesaid  districts  ma}^  take  cognizance  of, 
award  judgment,  and  issue  process  of  execution  in  all  cases  of 
debt  or  contract  not  exceeding  the  amount  of  a  Justice's  jurisdic- 
tion, where  the  defendant  may  reside  in  any  of  said  districts,  in 
the  same  manner  as  if  the  defendant  resided  in  the  district  of  the 


958  APPENDIX. — Laws  in  reference  to  the  City  of  Savannah. 


Article  11. — Justices  of  the  Peace  and  Justices'  Conn. 


Justice   issuing  such   process  ;  but  such  Justices  are  hereby  re- 
quired to  hold  their  courts,  and  keep  their  offices,  within  the  lim- 
its of  the  districts  for  which  they  are  respectively  elected. 
judgmeot        R  4879.  In  every  suit  brouo;ht  in  any  of  the  Justices'  Courts  in 

first  term.  .  ,     , .         .  .      ,  *'  ,      i      u   i  i  *^       i  ^        n  i 

said  districts,  judgment  shall  be  rendered  at  the  first  term,  unless 

the  defendant  shall  enter  an  appearance,  and  file  a  plea  in  writing  ; 

and  whenever  the  defendant  shall  enter  such   appearance  and  file 

otherwise  if  guch  plca  at  the  first  term,  the  case  shall  be  placed   on  the  Jury 

(I  pica  DO-'  I'll  T  1  T  1  "l 

filed  docket,  and  tried  by  a  Jury  at  the  succeeding  term,  unless  good 

cause  be  shoAvn  for  a  continuance. 
piainiiff  .ind      §  4880.   In  cvory  case  before  any  of  the  Justices'   Courts  for 
may  both  be  said  districts,  in  which  the  plaintiff'  shall  be  admitted  to  prove  his 
when""       own  account  by  his  own  oath,  it  shall  be  lawful  for  the  defendant 
to  be  sworn  and  give  his  testimony  in   defence,  upon  making  affi- 
davit that  he  has  no   other  testimony  which   it  is  in  his  power  to 
procure  to  disprove  the  justice  of  the  account;  and  the  defendant 
may  always  prove  his  set-off  by  his  own  oath,  in  every  case  where 
the  plaintiff  might  prove  a  similar  demand  by  his  oath. 
I'rosccutiou       s  4881.  "Whenever  a  prosecution  shall  be  entered  against  a  slavf 
slave  or  free  or  frcc  pcrson  of  color,  for  an  offence  not  punishable  with  death, 
color.""       within  the  limits  of  any  of  the  aforesaid   districts,  it   shall  be  the 
duty  of  the  magistrate  before  whom  such  prosecution  is  instituted, 
witliin  forty-eight  hours  after  the  filing  of  the  affidavit,  to  draw 
from  the  jury-box  of  his  district  the  names  of  seven  persons,  any 
five  of  whom  shall  constitute  a  jury  to  try  said  slave  or  free  per- 
son of  color;  and  if  the  jury  shall  return  a  verdict  of  not;  guilty, 
then  the  slave  or  free  person  of  color  shall   be  discharged  ;  and  if 
the  jury  shall  find  a  verdict  of  guilty,  then,  and  in   that  case,  the 
magistrate  shall  proceed  to  pronounce  the  sentence,  having  regard 
in  his  sentence  to  any  recommendation  which  the  jury  may  make 
as  to  the  mode  or  extent  of  punishment. 
''"''  §  4882.  In  every  such  case  of  prosecution,  the  slave  or  free  per- 

son of  color,  shall  be  admitteil  to  bail  by  the  magistrate,  at  any 
time  before  conviction,  or  after  conviction,  where  a  certiorari  is 
applied  for,  upon  good  security  in  a  reasonable  sum  being  tendered 
to  the  magistrate,  for  the  appearance  of  such  slave  or  free  person 
of  color  to  abide  the  final  decision  of  the  cause. 
diculmof '''  §  -1883.  All  civil  plaints  or  suits,  or  matters  in  dispute  or  diffei- 
.histice.  ence,  which,  by  the  provisions  of  this  Code  applicable  to  the  City 
Court  of  Savannah,  would  (if  the  amount  in  dispute  or  difference 
were  within  the  jurisdiction  of  said  Court)  authorize  the  Judge  of 
said  City  Court  to  hold  special  or  extraordinary  courts  for  the 
trial  thereof,  the  amount  whereof  shall  not,  in  any  one  case,  ex- 
ceed the  jurisdiction  of  a  Justice  of  the  Peace,  may  be  tried  by 
any  Justice  of  the  Peace  for  that  part  of  the  county  of  Cliatham 
embraced  within  the  corporate  limits  of  the  city  of  Savannah,  or 
within  the  said  first,  second,  third,  and  fourth  districts,  under  the 
same  restrictions  as  to  petition,  notice,  affidavit,  and  other  modes 
of  procedure,  set  forth  in  said  provisions,  as  far  as  such  modes  of 


APPENDIX. — Ordinance  of  Secbssion.  059 


Ordinance  of  Secession. 


procedure  may  be  made  to  conform  to  proceedings  in  Justices' 
Courts ;  and  all  and  every  process  issued  by  any  Justice  of  the 
Peace,  by  authority  hereof,  shall  be  served  by  any  lawful  consta- 
ble of  any  of  said  districts ;  and  every  such  case  shall  be  deter- 
mined by  a  jury  of  five,  to  be  drawn  instanter  from  the  jury-box 
of  said  Magistrate,  which  jury  shall  be  i^ummoned  to  appear  for 
the  trial  of  said  action,  or  matter  in  dispute,  or  difference,  Avithin 
forty-eight  hours  from  the  time  of  issuing  the  process ;  and  the 
costs  shall  be  the  same  as  in  other  trials  in  Magistrates'  Courts. 

§  4884.  No  person  who  may  be  discharjied  by  a  magistrate  or  ^'^'^^^—^>y , 

•  n  r  -IT-  f  f  rr'     •  _  whom  paid 

magistrates  oi  any  of  said  districts,  for  want  of  sumcient  cause  oi 
commitment,  shall  ever  be  compelled  to  pay  any  part  of  the  costs 
of  prosecution  or  examination. 

§  4885.  No  Code  or  system  of  laws  which  may  be  passed  by 
the  General  Assembly  at  its  present  or  any  adjourned  session, 
shall  be  construed  to  repeal- or  modify  any  of  the  provisions  of 
this  Act,  unless  such  provisions  shall  be  specially  named  or  re- 
ferred to  ;  and  all  Banking,  Commercial,  Religious,  Charitable, 
Literaiy,  Military,  and  other  Charters  and  incorporations,  and 
privileges,  and  exemptions,  good  and  valid  in  law^,  and  existing  or 
operative  in  the  city  of  Savannah  and  county  of  Chatham  at  the 
time  of  passing  any  such  Code  or  system,  and  not  expressly  su- 
perseded thereby,  arc  hereby  expressly  saved  and  confirmed,  and 
the  terms  and  provisions  of  this  Act  shall  be  construed  as  though 
they  were  part  and  parcel  of  such  Code  or  system  of  laws,  in  case 
such  Code  or  system  shall  be  passed  as  aforesaid.* 


THE  ORDINANCE  OF  SECESSION 
To  dissolve  the  Union  between   the  State  of  Georgia  and  other 
States  united  with  her  under  a  compact  of  Government  entitled 
"the  Constitution  of  the  United  States  of  America." 
§  4886.    We,  the  people  of  the  State  of  Georgia,  in  Convention 
assembled,  do  declare  and  ordain,  and  it  is  hereby  declared  and 
ordained :  That  the  ordinance  adopted  by  the  people  of  the  State 
of  Georgia  in  Convention   on  the  second  day  of  January  in  the 
year  of  our  Lord  seventeen  hundred  and  eighty-eight,  whereby 
the  Constitution  of  the  United  States  of  America  was  assented  to, 
ratified  and  adopted ;  and  also  all  acts  and  parts  of  acts  of  the 
General  Assembly  of  this   State  ratifying   and   adopting  amend- 
ments of  the  said  Constitution,  are  hereby  repealed,  rescinded  and 
abrogated. 

§4887.  We  do  further  declare  and  ordain.  That  the  Union  now 
subsisting  between  the  State  of  Georgia  and  other  States,  under 
the  name  of  the  "  United  States  of  America,"  is  hereby  dissolved, 
and  that  the  State  of  Georgia  is  in  the  full  possession  and  exer- 
cise of  all  those  rights  of  sovereignty  which  belong  and  appertain 
to  a  free  and  independent  State. 

*NoTE. — For  the  law  in   relation  to  Seamen,  Mariners,  and  Apprentices,  see  Part 
Isl,  Title  16,  Chapter  1,  Art.  2.,  page  291. 


960    APPENDIX. — The  Constitution  of  the  State  of  Georgia. 

Article  1. — Declaration  of  Fundamental  Principles. 


THE  CONSTITUTI,ON  OF  THE  STATE  OF  GEORGIA, 

As  amended  by  the  State  Convention,  at  Savannah,  on  the  23i  Bai/  of 
3farch,  and  submitted  to,  and  ratified  by,  a  Vote  of  the  People  of  Geor- 
gia, on  the  first  Tuesday  in  July,  1S61,  and  duly  proclaimed  by  Mis 
Excellency,  the  Governor  of  the  State. 


Article  1.  Declaration  of  fundamental  principles 

Article  2.  Legislative  department. 

Article  3.  Executive  department. 

Article  4.  Judicial  department. 

Article  5.  Miscellaneous  provisions. 


ARTICLE  I. 


DKCL  VRATIOX  OF  FUNDAMENTAL  PRINCIPLES. 


^lovern- 

lllCIlt. 


May  bo  al- 
ti'reil. 


Skation. 

4888.  Should  be  well  understood. 

4889.  May  be  altered— when. 

4890.  Withholding  protection. 

4891.  Life,  liberty,  and  property. 

4892.  ^.labeas  Corpus. 

4893.  Arms— right  to  keep. 

4894.  No  religious  test. 

4895.  Freedom  of  speech,  «S:c. 
489G.  Aj^peal  and  petition. 

4897.  For  every  right  a  remedy. 

4898.  Persons  charged  with  offences. 

4899.  Life  or  liberty. 
4000.  Ci)rniption  of  blood. 
4901.  Excessive  "bail. 


j  Section. 

I     4902.  Execution  of  the  laws. 

4903.  Legislative  acts  void — -.vhcu. 

4904.  E.r  ])ont  facto  ]{iv;&. 
490.").  Operation  of  laws. 

4906.  Taxation. 

4907.  Private  wa^'s. 

4908.  Searches  and  seizures 
4009.  :Martial  law. 

4910.  Standing  armies.     • 

4911.  Soldiers,  quartering  o.'. 

4912.  Imprisonment  lor  debt. 

4913.  Inherent  rights  not  denied. 

4914.  Declaration  not  to  be  violated. 


§  4888.  1.  The  fundamental  principles  of  free  government 
cannot  be  too  well  under.stood,  nor  too  often  recurred  to. 

§  4889.  2.  God  has  ordained  that  men  shall  live  under  govern 
ment ;  but  as  the  forms  and  administration  of  civil  government  are 
in  human,  and  therefore  fallible,  hands,  they  may  be  altered  or 
modified  whenever  the  safety  or  happiness  of  the  governed  re- 
quires it.  No  government  should  be  changed  for  light  or  tran- 
sient causes,  nor  unless  upon  reasonable  assurance  that  a  better 
will  be  established. 


APPENDIX. — Cox8TiTUTiuN  OF  THE  State  OV  CtEORGIA.         961 
Article  1. — Declaration  of  Fundamental  Principles. 


§  4890.     3.  Protection  to'  person  and  property  is  the  duty  of  oovern- 
governmcnt;    and   a    government   ■whicn    knowmgly  and    persis- holding  pa- 
tently denies   or  withholds  from   the  governed  such   protection/'"''''"'"' 
when  within  its  power,  releases  tlicm  from  the  obligation  of  obe- 
dience. 

§  4891.     4.  No  citizen  shall   l)e   deprived  of  life,  liberty,  or i>i,c procew 
property,  except  by  due  process  of  law:   and  of  life  or  liberty,  "^''''^" 
only  by  the  judgment  of  his  peers. 

§  4892.     5.  The  writ  of  '^Habeas  Corjms''  shall  not  be  sus- Habeas  cor- 
pendcd,  unless,  in  case  of  rebellion  or  invasion,  the  public  safety  p'"- 
may  require  it. 

§  4893.     6.  The  right  of  the  people  to  keep   and  bear  arms  Keeping  amd 
shall  not  be  infringed.  arm""^ 

§  4894.     7.  No  religious  test  shall  be  required  for  the  tenure  Religious 
of  any  office  ;  and  no  religion  shall  be  established  by  law ;  and  no  *^-'- 
citizen  shall  be  deprived  of  .any  right  or  privilege  by  reason  of 
his  religious  belief. 

§4895.     8.  Freedom    of  thought    and    opinion,   freedom    of  Freedoms 
speech,  and  freedom  of  the  press,  are  inherent  elements  of  politi- •■'""^•''' '^'®- 
cal  liberty.     But  while  every  citizen  may  freely  speak,  write  and 
print,  on  any  subject,  he  shall  be  responsible  for  the  abuse  of  the 
liberty. 

§  4896.     9.  Tlie  right  of  the  people  to  appeal  to  the  courts ;  to  AppeaUnd 
petition   government  on  all  matters  of  legitimate  cognizance ;  ^'^  ^ 
and  peaceably  to  assemble  for  the  consideration  of  any  matter 
df  public  concern — shall  never  be  impaired. 

§  4897.    1 0.  For  every  right,  there  should  be  provided  a  remedy ;  Remeiics. 
asd  every  citizen  ought  to  obtain  justice  w^ithout  purchase,  with- 
«ut  denial,  and  without  delay — conformably  to  the  laws  of  the 
land. 

§  489S.     11.  Every  person  charged  with  an  offence  against  the  c«iir.»ei  fw- 
laws  of  the  State  shall  have  the  privilege  and  benefit  of  counsel :  cu»«d. 

Shall  be  furnished,  on  demand,  with  a  copy  of  the  accusation, 
and  with  a  list  of  the  witnesses  against  him  : 

Shall  have  compulsory  process  to  obtain  the  attendance  of  his 
own  witnesses : 

Shall  be  confronted  with  the  witnesses  testifying  against  him  : 
and 

Shall  have  a  public  and  speedy  trial  by  an  impartial  jury. 

§4899.     12.  No  person  shall  l3e  put  iii  jeopardy  of  life  or  lib- jeopardy  ©r 
erty  more  than  once  for  the  same  offence.  '  "  |y" "'"  ^^^•*" 

§4900.     13.  No  conviction  shall  work  corruption  of  blood,  orForfeitur««f 
general  forfeiture  of  estate.  '®'°**' 

§  4901.     14.  Excessive  bail  shall  not  be  required  ;  nor  excessive  Bail 
lines  imposed ;  nor  cruel  and  unusual  punishments  inflicted. 

§4902.     15.  The  power  of  the  courts  to  punish  for  contempt  contempts, 
shall  be  limited  by  Legislative  Acts. 

§4903.     16.  A  faithful  execution  of  the  laws  is  essential  toExeouti««»f 
good  order;  and  good  order  in  society  is  essential  to  liberty.  «>«iaws. 

€1 


96*2        APPENDIX. — CoNSxrruTioN  of  the  State  of  Geokgia. 


Article  1. — Declaration  of  Fundamental  Principles. 


T^gisiative       §  4904.     17.  Legislative  xVcts  in  violation  of  the  fundamental 
^«t»jj^''^'^-]aw  are  void;  and  the  Judiciary  Bhall  so  declare  them. 
Expostfac-     §4905.     18.  iIItf^w675/ar'/;o  laws,  and  laws  impairing  the  obli- 
u>  laws.       o-ation  of  contracts,  and  retro-active  legislation  injuriously  affect- 
mo-  the  right  of  the  citizen,  are  prohibited. 
opmti.n cf     §4900,     19.  Laws  should  have  a  general  operation;  and  no 
iBw&-grn-   freneral  law  shall  be  varied  in  a  prticular  case  by  special  Legisla- 
tion ;  except  with  consent  of  all  persons  to  be  affected  thereby. 
Taxation-       §  ^'>'*'«'-     20.  The  right  of  taxation  can  be  granted  only  by  the 
objoft  of.     people  :  and  shall  be  exercised  only  to  raise  revenue  for  the  sup- 
port of  government,  to  pay  tlie  public  debt ;  to  provide  for  the 
common  defence,  and  for  such  other  purposes  as  are  specified  in 
the  grant  of  powers.  .^^--^^ 

Private  §4908.     21.  In  cases  of  necessity,  private  ways  may  be  granted 

^"J"^  upon  I'ust  compensation  being  first  paid  ;  and  with  this  excep- 
tion, private  property  sliall  not  be  taken  except  for  public  use ; 
and  then,  only  npon  just  compensation  ;  such  compensation, 
except  in  cases  of  pressing  necessity,  to  be  first  provided  and 
paid. 

§4909.     22.  The  riglit  of  the  people  to  be  secure  in  their  per- 

peMo«7  "   sons,  houses,  papers  and  effects,  against  unreasonable  6earche| 

'wrchcs  *ni  and  seizures,  shall  not  be  violated ;  and  no  warrant  shall  issue 

-«i/nro?.      ^-j^^^  upon  probable  cause,  supported  by  oath  or  affirmation,  and 

particularly  describing  the  place  or  places  to  be  searched,  and  the 

persons  and  things  to  be  seized. 

§  4910.     23.  ]'ilartial  law  shall  not  be  declared,  except  in  case8 
of  extreme  necessity. 

§4911.     24.  Large  standing  armies  in  time  of  peaee,  are  ^aa- 
Bdts.   '     gerous  to  liberty. 

§  4912.     25.  No  soldier  shall,  in  time  of  peace,  be  tiuartered 
r»o)(iim».      j^'j^i^y  house  without  the  consent  of  the  owner  :  nor  in  time  of 

war,  but  in  a  manjier  prescribed  by  law. 
iffli>ri».n-        §4913.     2(1.  The  person  of  a  debtor  shall  not  be  detained  in 
ment.         prisou  aftcr  delivering  io7ia  jUle  all  his  estate  for  the  use  of  hk 
ereditors. 

§  4914.     27.  The  enumeration  of  rights  herein  contained  shall 
rights"      not  be  con!-trued  to  deny  to  the  people  any  inherent  right*  wkieh 
they  have  hitherto  enjoyed. 

§4915,     28.  This  declaration  is  part  of  this  Constrtntion,  and 
plrt'of'coS-  slia^i  never  fee  violated  on  any  pretence  whatever. 


Miu-tisl   law. 


^ifABiliii: 


^tituHoii. 


APPENDIX. — Constitution  of  the  State  of  Georgia.        9(MI 

Article  2. — Legislative  Department. 


ARTICLE  II. 

LEGISLATIVE   DEPARTMENT. 

Section  I, 

>i;CTio.v.  [Sectiox. 

4916.  Departments  distinct.  4920.  Disqualification  of  member?. 

•<917.  Logi.slativc  Power.  4921.  Persons  convicted  of  felony. 

491 S.  Time  of  mcetinc:.  j  4922.  Holder  of  public  monc.y. 

4019.  Compensation  of  members.  | 

§491G.     1.  The   Legislative,  E.xecutivc  and  Judicial  depart- Dep^t- 
ments,  shall  be  distinct ;  and  each  department  shall  be  conlided  "ovem*' 
to  a  separate  body  of  magistracy.     Xo  person  or  collection  of  ™p"' 
persons,   being  of  one   department,  shall   exercise   any  power 
properly  attached  to  either  of  the  others ;  except  in  cases  herein 
expressly  provided. 

§  4917.     2.  Tlie  Legislative  power  shall  be  vested  in  a  General  General  As- 
Assembly,  wliich  sliall  consist  of  a  Senate  and  House  of  Reprc- "'"*''^" 
gentatives. 

§  4918.  3.  The  meeting  of  the  General  Assembly  shall  be  Ti««  .f 
annual,  and  on  the  first  Wednesday  in  November,  until  such  day  J^J,",',^^ 
of  meeting  shall  be  altered  by  law.  A  majority  of  each  House 
i^hall  constitute  a  ojuorum  to  transact  business;  but  a  smaller 
number  may  adjourn  from  day  to  day,  and  compel  tlio  attend- 
ance of  their  members  in  such  manner  as  each  House  shall 
]-vrescribe.  No  session  of  the  General  Assembly  shall  continue 
lor  more  than  forty  days,  unless  the  same  shall  be  done  by  a  rot*> 
o*L  two-thirds  of  each  branch  thereof. 

§4919.     4.  The  compensation  of  the  members  and  officers  «fi>«.rof«e« 
the  General  Assembly  shall  be  fixed  by  law,  at  the  first  session  ^*"- 
subsequent  to  the  adoption  of  this  Constitution:  and  the  same 
shall  not  l>e  increased  so  as  to  affect  tlie  compensation  of  the 
members  or  oiiieers  of  the  Assembly  by  which  the  increase  is 
adopted 

§4920.     5.  No  persott  liolding   any  military  eoiuinission  or  i)is,„aiiioi 
other  appointment,   having   any'  emolument   or   compensation  *',"^?'"'^ •"•"'" 
annexed  thereto,  under  this  State  or  the  Confederate  States,  or  *"* 
either  of  them,  (^except  Justices  of  the  Inferior  Court,  Justices 
of  the  Peace  and  oflicers  of  the  militia),  nor  any  defaulter  for 
public  meney.  or  for  legal  taxes  required  of  him,  shall  have  a  seat 
in  either  branch  of  the  General  Assembly ;  nor  shall  any  Senator 
ur  lleprcsentative,  after  his  qualification  as  such,  be  elected  to 
a»y  office  or  appointment  by  the  General  Assembly  having  any 
emoluments  or  compensation  annexed  thereto,  during  the  time 
for  which  he  shall  have  been  elected. 

§4921.     6.  No   person   convicted   of  any  felony  before   any  c«iiri,i<.< 
Court  of  this  State,  or  of  the  Confederate  States,  shall  be  eligible  "^  *'""^- 


1964        APPENDIX. — Constitution  of  the  State  of  Geokgia. 


Article  2. — Legislative  Department. 


to  any  office  ov  appointincnt  of  lionor,  profit  or  trust,  \vitliin  thih 

State, 
••iieetors         §  4922.     T.  No  pcrsoii  who  is  a  collector  or  holder  of  public 
•f  pubiid     2iioTiey,  shall  be  eligible  to  any  office  in  this  State,  until  the  same 


is  accounted  for  and  paid  into  the  Treasury 


SECTION  II. 


SlCTlOK. 

4923.  Number  of  Senators. 

4924.  Qualification  of  Senators. 


Sectiok. 
492.'i.  President  of  the  Senate. 
492G.  Impeachments — bovr  tried. 


44  Senator!.       §  4923.     1.  Thc  Scnatc  shall  consist  of  forty-four  members. 

"•'*•''•""''•  one  to  be  chosen  from  each  senatorial  district,  which  district  shall 
be  composed  of  throe  contiguous  counties.  If  a  new  county  is 
establislied,  it  shall  be  added  to  a  district  which  it  adjoins  until 
there  shall  be  another  arrangement  of  the  senatorial  districts. 
The  senatorial  districts  shall  not  be  changed  except  -when  a  new 
census  shall  have  been  taken. 

(}m«iMM«cB  §  4924.  2.  No  person  shall  be  a  Senator  who  shall  not  have 
attained  to  thc  age  of  twenty-five  years,  and  be  a  citizen  of  thc 
Confederate  Siates,  and  have  been  for  three  years  an  inhabitant 
©f  this  State,  and  for  one  year  a  resident  of  the  diibtrict  from 
which  he  is  choi^en. 

§4925.  3.  The  presiding  ofiicer  «hall  be  styled  the  President 
of  thc  Senate,  and  S'-^^  ^'(  r^,■,■:n^  ,.;,-  m^,  from  their  ow» 
body. 

§  4926.  4.  The  Senaic  si::i:i  hiivc  tuu  tulc  power  to  try  all  ia- 
peachments.  When  sitting  for  that  purpose,  they  shall  be  on  oath 
or  afiirmation ;  and  no  person  shall  be  convicted  without  thc  con- 
currence of  two-thirds  of  the  members  present.  Judgment,  in 
cases  of  impeachment,  shall  not  extend  further  than  removal  froia 
office  and  disqualification  to  hold  and  enjoy  any  office  of  honor, 
profit  or  trust  within  this  State ;  but  the  party  convicted  shall, 
nevertheless,  be  liable  and  subject  to  indictment,  trial,  judgmtat 
»nd  punishment  according  to  law. 


]'ro»id»nt. 


SECTION  III. 


SlOTION 

4927.  House  of  Representativca. 

4928.  Qualification  of  members. 
4a29.  Speaker — bow  chosen. 


SECTioir. 

4930.  Sole  power  of  impeachmsnt. 

4931.  Bills  for  revenue,  Ac 


xambcr  .f       §  4927.     1.  The  House  of  Representatives  shall  be  composed 
■eabart.     ^^  foUows  I  The  thirty-scvcn  counties  having  the  largest  repre- 
sentative population  shall  have  two  Representatives  each.     Every 


APPENDIX. — Constitution  of  the  State  of  Georgia.         965 

Article  2. — Legislative  Department. 

jthor  county  shall  have  one  Representative.  The  designation  of 
the  counties  having  two  Representatives  shall  be  made  by  the 
Oeneral  Assembly  immediately  after  the  taking  of  each  census. 

§  4928.     2.  No  person  shall  be  a  Representative  who  shall  not  Quautc«ti«t 
have  attained  to  the  age  of  twenty-one  years,  and  be  a  citizen  of 
the  Confederate  States,  and  have  been  for  three  years  an  inhabi- 
tant  of  this  State,   and   for   one   year   a  resident  of  the   county 
which  he  represents. 

§  4929.     o.  The  presiding  officer  of  the  House  of  Representa-  speaker, 
tives  shall  be  styled  Speaker,  and  shall  lie  elected  viva  voce  from 
their  own  body. 

§  4930.     4.  They  shall  have  the  sok-  p<,>wer  to  impeach  all  per-  impcach- 
sons  who  have  been  or  may  be  in  office. 

§4931.     5.  All  bills  for  raising  revenue,  or  appropriating  mo-iiovenneand 
ney,  shall  originate  in   the  House  of  Representatives  ;  but    the  tk.uT^"*' 
Senate  may  propose  or  concur  in  amendments,  as  in  other  bills. 


SECTION  lY. 

Sectiox.                                                    i  Section. 

40:?2.  I'owers  of  each  Houdc. 

4937.  By  whom  signed. 

40.;:!.  May  punish  for  contempts. 

4938.  Adjournments. 

•!).')4.  Members  free  from  arrest. 

4939.  Oath  of  members. 

1035.  Journal  of  Proceedings. 

4940.  Yeas  and  Nays. 

4PnG.  Bill.-i — liow  passed. 

§4932.     1.  Eacli  House  sliall  be  tlie  judge  of  the  election  re- EUctkm  lo- 
turns  and  qualilieations  of  its  own  meuibers ;    and  shall   haveJ'"^\\fl*"tfon 
power  to  punish  tlieui  for  disorderly  behavior  or  misconduct,  by  "^  "nembers. 
censure,  fine,  imprisonment  or  expulsion  ;  but  no  member  shall 
be  expelled  except  by  a  vote  of  two-thirds  of  the  House  from 
which  he  is  expelled. 

§4933.  2.  Each  House  may  punish,  by  imprisonment  not  contempts, 
extending  beyond  the  session,  any  person  not  a  member,  who 
shall  be  guilty  of  a  contempt,  by  any  disorderly  behavior  in  its 
presence ;  or  who,  during  the  session,  shall  threaten  injury  to 
the  person  «>r  estate  of  any  member,  for  anything  said  or  done 
in  either  House  ;  or  who  shall  assault  any  member  therefor  ;  or 
who  shall  assault  v>r  arrest  any  witness  going  to  or  returning 
therefrom ;  or  who  shall  rescue,  or  attempt  to  rescue,  any  per- 
son arrested  by  order  of  either  House. 

§4934.     3.  The  members  of  both  Houses  shall  be  free  fromAnest  of 
arrest  during  their  attendance  on  the  General  Assembly,  and  in  '"^•°'*^*"*- 
going  to  and  returning  therefrom,  except  for  treason,  felony,  or 
breach  of  the  peace.     And  no  member  shall  be  liable  to  answer, 
in  any  other  place,  for  anything  spoken  in  debate  in  either  House. 

§4935.     4.  Each  House  shall  keep  a  journal  of  its  proceed- journal  kept 
•ings,  and  publish  them  immediately  after  its  adjournment.    Thel'iVTe!^ 


f  66        APPENDIX. — CoNSTiTTJTioN  OF  THE  State  of  Georgia. 

Arti!ele  2. — Legislative  Department. 

yeas  and  nays  of  the  members  on  any  question  shall,  at  the  de- 
sire of  one-tiftli  of  the  members  present,  be  entered  on  the  jour- 
nals.    The  original  journals  shall  be  preserved  (after  publica- 
tion") in  tlie  oifice  of  the  Secretary  of  State  :  but  there  shall  he 
no  other  i-eeord  thereof. 
Read  ja. ark      §493(5.     5.  Every  bill,  before  it  sliall  pa&s,  shall  be  read  three- 
itKe\evtx-  times  and  on  three  separate  and  distinct  days  in  each  House,  un- 
late  iays.     |ggg  j^^  cascs  of  actual  iuvasion  or  insurrection.      jSTor  shall  any 
law  or  ordinance  pass  which  refers  to  more  than  one  subject 
matter,  or  contains  matter  different  from  what  is  expressed  va 
the  title  thereof. 
MiMtbo  §4:98<r.     0.  All  Acts  shall  be  signed  by  the  President  of  the- 

wg^e^  Senate  and  the  Speaker  of  the  House  of  liepresentatives ;  and 
no  bill,  ordinance,  or  resolution  intended  to  have  the  effect  of' 
law,  which  shall  have  been  rejected  by  either  House,  shall  be 
again  proposed  under  the  same  or  any  other  title,  without  the 
consent  of  two-thirds  of  the  House  by  whicli  the  same  was  re- 
jected. 
Adj«Hu-B-  §  4938.     7.  Neither  House  shall  adjourn  for  more  than  thret^ 

days,  nor  to  any  other  place,  without  the  consent  of  the  other ; 
and  in  case  of  disagreement  between  the  two  Houses,  on  a  ques- 
tion of  adjournment,  the  Governor  may  adjourn  them. 
•iti*  §4939.     8,  Every  Senator  and  Representative,  before  taking, 

his  seat,  shall  take  an  oath  or  affirmation  to  support  the  Consti- 
tution of  the  Confederate  States  and  of  tliis  State ;  and  alsc-. 
that  he  hath  not  practiced  any  unlawful  means,  either  directly 
or  indirectly,  to  procure  his  election.  And  every  person  convic- 
ted of  having  given  or  offered  a  bribe,  shall  be  disqualified  froni 
serving  as  a  member  of  either  House  for  the  term  for  which  he- 
was  elected. 
Totes lequi-  §  'i^^'^K  9.  Whenever  this  Constitution  recjuires  an  Act  to  be 
thw*"^""  P<'^ssed  by  two-thirds  of  both  Houses,  the  yeas  and  nays  on  the 
passage  thereof  shall  be  entered  on  the  journals  of  each. 


SECTION  Y. 


^ 


Segtiox.  Section'. 

4941.  Powers  of  the  General  Assembly.  !  4944.  Learning  and  science-appropria'av 

4942.  New  counties — how  made.  '  4945.  May  pardon  or  commute. 

4943.  Census — how  taken. 

General  As-      §  4941.     1.  The  General  Assembly  shall  have  power  to  make 

bombiy.       ^]i  la^g  j^j^(j  ordinances,  consistent  with  this  Constitution  and 

not  repugnant  to  the  Constitution  of  the  Confederate  States, 

which  they  shall  deem  necessary  and  proper  for  the  welfare  of 

the  State. 

New  coHH-       §  4942.     2.  They  may  alter  the  boundaries  of  counties,  and 

*^  lay- off  and  establish  new  counties;   but  every  bill  to  establish 


APPENDIX. — Constitution  of  the  State  of  Georgia.        967 

Article  2. — Legislative  Department. 

a  new  county  shall  be  passed  by  at  least  two-thirds  of  the  mem- 
l»ers  present,  in  each  branch  of  the  General  Assembly. 

§  4943.     3.  They  shall  provide  for  the  taking  of  a  census  or  <■*"»"*• 
enumeration  of  the  people  of  this  State,  at  regular  decades  of 
years,  commencing  at  such  times  as  they  may  prescribe. 

§4944.     4.  The  General  Assembly  shall  have  power  to  appro- Learning 
propriate  money  for  the  promotion  of  learning  and  science,  and""''  ''^'«"'^*- 
to  provide  for  the  education  of  the  pe(»ple. 

§  4945.  5.  The  General  Assembly  shall  have  power  by  a  voteparjon  or 
of  two-thirds  of  each  branch,  to  grant  pardons  in  cases  of  final  n°™"t^o". 
eotnviction  for  treason,  and  to  pardon  or  commute  in  cases  of  final '^^''■''*  ^''*''- 
conviction  for  murder. 


SECTION  YI. 

SfiOTiON.  !  Section. 

494G.  Corporate  powers  not  to  be  granted.  I  49-18.  Donations — how  granted.  ♦ 

4947.  Money — liow  drawn  from  treasury.  |  4949.  Tax  for  internal  improvements. 

§4946.  1.  The  General  Assembly  shall  have  no  power  to  jjo  power t* 
grant  corporate  jiowers  and  privileges  to  private  companies,  ex-  fjfj^jjg*'*""^'*' 
cept  to  banking,  insurance,  railroad,  canal,  plank  road,  naviga- 
tion, mining,  express,  lumber,  and  telegraph  companies ;  nor  to 
make  or  change  election  precincts ;  nor  to  establish  bridges  and 
ferries ;  nor  to  change  names,  or  legitimate  children ;  but  shall 
by  law  ]>rescribe  the  manner  in  which  such  power  shall  be  exer- 
cised by  the  courts.  But  no  bank  charter  shall  be  granted  or 
extended,  and  no  Act  passed  authorizing  the  suspension  of  specie 
payment  by  any  chartered  bank,  except  by  a  vote  of  two-thirds 
of  each  branch  of  the  General  Assembly. 

§  4947.     2.  No  money  shall  be  drawm  from  tlie  treasury  of  Drawing 
this  State,  except  by  appropriation  made  by  law;  and  a  regular J"^"^'4i^.J!* 
statement  and  account  of  the  receipt  and  expenditure  of  all  pub- 
lic money  shall  be  jiublished  from  time  to  time. 

§  4948.  3.  No  vote,  resolution,  law  or  order  shall  pass,  grant- Don.atiens 
iag  a  donation  or  gratuity  in  favor  of  any  person,  except  by  the [^^J'j^^j.^^^ 
concurrence  of  two-thirds  of  the  General  Assembly.  ^"t''- 

§  4949.  4.  No  law  shall  be  passed  by  which  a  citizen  shall  be  internal  iiu- 
compelled,  directly  or  indirectly,  to  become  a  stockholder  in,  or  P"'^e'»^'^- 
contrilnite  to  a  railroad  or  other  work  of  internal  improvement, 
without  his  consent ;  except  the  inhabitants  of  a  corporate  town 
or  city.  This  provisioii  shall  not  be  construed  to  deny  the  power 
of  taxation  for  the  pur])ose  of  making  levees  or  dams  to  prevent 
the  overflow  of  rivers. 


968 


APPENDIX. — Constitution  of  the  State  of  Georgia. 


Article  2. — Legislative  Department. 


SECTION  YII. 


Sectiox. 

4950.  Importation  of  negroes. 

4951.  From  slavc-holdiu);  States. 


Section'. 

40.")2.  Emancipation  of  slaves. 
I  4953.  Killing  or  maiming  a  slave. 


Impertation 
of  negroes. 


From  slave 
States. 


Bmanelpa- 
tion   of 
slaves. 

Killinp  or 
loaimlug  a 
slave. 


§  4950.  1.  Tlie  importation  or  introduction  of  negroes  from 
any  foreign  country,  other  than  the  slave-liolding  States  or  Ter- 
ritories of  tlie  United  States  of  America,  is  forever  prohibited. 

§4051.  2.  Tlie  General  Assembly  ma}'  prohibit  the  introduc- 
tion of  negroes  from  any  State  ;  but  they  shall  have  no  power  to 
prevent  immigrants  from  bringing  their  slaves  with  them. 

§  4952.  3.  The  General  Assembly  shall  have  no  power  to  pa88 
laws  for  the  emancipation  of  slaves. 

^  4953.  4.  Any  person  who  shall  maliciously  kill  or  maim  a 
slave,  shall  suffer  such  punishment  as  would  be  iiillicted  in  case 
the  like  oiTenfc  h:-id  been  comuiittcd  on  a  free  white  person. 


AKTICLE  III. 

EXRCUTIVI-:  DEP.'i RTMKXT. 
Sectiox  I. 


G»v«rnor 
ahoaen  for 
tTTo  Tears. 


Section. 

4954.  (.iovcruor — '.L-nn  of  office. 

4955.  Election — wlj.n  and  how  held. 
495G.  Qualification. 


Bleetitn  by 
liw  people. 


■>ECT10X. 

4957.  Vacancy — how  IiUcd. 

4958.  Oatli. 


§4954.  1.  TIio  e.Kecutive  power  shall  be  vested  in  a  Gov- 
ernor, who  shall  hold  his  office  during  the  term  of  two  years,  and 
until  such  time  as  a  successor  shall  be  chosen  and  qualitied.  He 
shall  have  a  competent  salary  ti.xed  by  law,  which  shall  not  be 
increased  or  diminished  during  the  period  for  which  he  shall 
have  been  elected;  neither  sliall  he  receive,  within  that  period, 
any  other  emolument  from  the  Confederate  States,  or  either  of 
them,  or  from  any  foreign  jjower. 

^  4955.  2.  The  Governor  shall  be  elected  by  the  persons  quali- 
fied to  vote  for  inembers  of  the  General  Assembly,  on  the  first 
Wednesday  in  October,  in  the  year  of  our  Lord,  1861 ;  and  on 
the  first  Wedneeday  in  October,  in  every  second  year  thereaf- 
ter, until  such  time  be  altered  by  law;  which  election  shall  be 
held  at  the  places  of  holding  general  elections,  in  the  several 
counties  of  this  State,  in  the  "manner  prescribed  for  the  election 
of  members  of  the  General  Assembly.  The  returns  for  every 
election  of  Governor  shall  be  sealed  up  by  the  managei-s,  sepa- 
rately from  other  returns,  and  directed  to  the  President  of  the 
Senate  and  Speaker  of  the  House  of  Representatives,  and  trans- 
mitted to  the  Governor^  or  the  person  exercising  the  duties  of 


APPENDIX.— Constitution  of  the  State  of  Geokoia.        *69 


Article  3. — ExeciUivc  Department. 


i'TOvernor  for  the  time  being;  who  shall,  without  opening  the 
said  retiiriip,  cumo  tlie  same  to  be  laid  before  the  Senate,  on  the 
day  after  the  two  houses  shall  have  been  organized  ;  and  tlioy 
shall  be  transmitted  by  the  Senate  to  the  House  of  Kcprescnta- 
tives.  The  members  "of  each  branch  of  the  Creneral  Assembly 
shall  convene  in  the  Representative  chambsr,  and  the  President 
of  the  Senate,  and  the  Speaker  of  the  House  of  Representatives, 
shall  open  and  publish  the  returns  in  presence  of  the  General 
Assembly;  and  the  person  having  the  inajority  of  the  whole 
number  of  votes  given  in,  shall  be  declared  duly  elected  Gov- 
ernor of  this  State ;  but  if  no  person  have  such  majority,  then 
from  the  two  persons  having  the  highest  number  of  votes,  who 
shall  be  in  life,  and  shall  not  declinc'an  election  at  the  time  ap- 
pointed for  the  Legislature  to  elect,  the  General  Assembly  shall 
immediately  elect  a  Governor  viva  voty;  and  in  all  eases  of  elec- 
tion of  a  Governor  by  the  General  Assembly,  a  majority  of  the 
votes  of  the  members  present  shall  be  necessary  for  a  choice. 
Contested  elections  shall  be  determined  by  both  Houses  of  the 
General  Assembly,  in  such  manner  as  shall  be  prescribed  by 
iaw. 

§  4956.     o.  Xo  person  shall  be  eligible  to  the  office  of  ( iovernor  uis qu»iifl- 
who  shall   not  have  been   a  citizen  of  the  Confederate  States  •^''"«"- 
twelve  years,  and  an  inhabitant  of  this  State  six  years,  and  who 
hatb  not  attained  the  age  of  thirty  years. 

§  4957.  4.  In  case  of  the  death,  resignation,  or  disability  of  the  vacancy- 
Governor,  the  President  of  tlu;  Senate  shall  ex-ercise  the  execu- ^"^'' <"'"'^'^- 
t.ive  powers  of  the  goverunicnt  until  such  disability  be  removed, 
or  a  successor  is  elected  and  qualified.  And  in  case  of  the  death, 
resignation,  or  disability  ot  the  President  of  the  Senate,  the 
Speaker  of  the  House  of  Representatives  shall  exercise  the  ex- 
ecutive power  of  the  government  until  the  removal  of  the  dis- 
ability or  the  election  and  qualification  of  a  (jovernor. 

§  4958.     5.  The  Governor  shall,  before  he  enters  on  the  duties  tj„^^. 
of  his  oiiice,  take  the  fallowing  oath  or  affirmation  :^  "I   do"^t'>- 
solemnly  swear  or  aflirm  (as  the  case  may  be,)  that  I  will  faith- 
fully execute  the  office  of  Governor  of  the  State  of  Georgia ;  and 
will,  to  the  best  of  my  abilities,  pre.-orve,  protect  and  defend  the 
constitution  thereof.'' 


'  Govornor'* 


SECTION  II. 


SECTION. 
4959.  Stylo. 

-I960.  Pardoning  power  of  Governor. 
1961.  Writs  of  election — special  sessions. 
iQG2.  Filling  vacancie.«. 
-19<}3.  Pcrst>ns  once  rcjeeiod  by  tlio  Senate. 


Section". 
496-i:.  Yeto  power. 
•49G5.  As  to  resolutions. 
49G6.  State  House  offices. 
4967.  Great  Seal. 
■196S.  Governor's  Secretaries. 


S7*         APPENDIX. — Constitution  of  the  State  of  Georgia. 

Article  3. — Executive  Department. 

ii^rttuwt        §  4959.     1.  The  Governor  shall  be  Commander-in-Chief  of  the- 
'**^"'  army  and  navy  of  this  State,  and  of  the  militia  thereof. 

Hi*pa.d«...       §*49f)0.     2.   He  shall  have  power  to  grant  reprieves  for  offences 
)»f  j»Qwer.    j^gaiiipt  the  State,  except  in  cases  of  impeachment,  and  to  grant 
pardons,  or  to   remit  any  part  of  a  sentence,  in  all  cases  after 
conviction,  except  for  treason  or  murder,  in  which  cases  he  may 
respite  the  execution,  and  make  report  thereof  to  the  next  Gen- 
eral Assembly. 
»iiMUiMue        §  4961.     '^.  He  shall  issue  writs  of  elections  to  fill  vacancies 
w«  •  •• '•'^- ^Ijjj^^.  }^appen  in  the  Senate  or  House  of  RepresentatiTcs.  and  shall 
have  power  to  convene  the  General  Assembly  on  extraordinary 
occasions;  and  shall  give  them,  from  time  to  time,  information  of 
the  state  of  the  republic,  and  recommend  to   their  consideration 
such  measures  as  he  may  deem  necessary  and  expedient. 
fMyiLULu-       §  4962,     4.  When  any  office  shall  become  vacant  by  deaths 
*****"•*"**•  resignation,  or  otherwise,  the  Governor  shall  have  power  to  fill 
such  vacancy,  unless  otherwise  provided  for  by  law  :  and  persons 
so  appointed  shall  continue  in  office  until  a  successor  is  appointed 
agreeably  to  the  mode  pointed  out  by  this  Constitution,  or  by  law 
in  pursuance  thereof. 
AffMUteM       §  4963.     f).  A  person  once  rejected  by  the  Senate  shall  not  be 
t2i*g^4^tc^  re-appointed  by  the  (Jovernor  to  the  same  office  during  the  same- 
session  or  the  recess  tliereafter. 
HSaiwwiTtn      §  4964.     6.  The  Governor  shall  have  the  revision   of  all  bilN 
luatiog       passed  by  both  Houses,  before  the  same  shall  become  laws;   but 
two-thirds  of  each  House  may  pass  a  law,  notwithstanding  his 
dissent ;  and  if  any  bill  should  not  be  returned  by  the  Governor 
within  five  days  (Sundays  excepted)  after  it  has  been  presented  to 
him,  the   same  shall   be   a  law,  unless  the  CJeneral  Assembly,  by 
their  adjournment,  shall  prevent  its  return.     He  may  approve  a^y 
appropriation  and  disapprove  any  other  appropriation  in  the  same 
bill,  and  the  latter  shall  not  be   effectual  unless  passed  by  tw.>- 
thirds  of  each  House. 
h»j»6«i8re-      §  4965.     7.  Evcry  vote,  resolution,  or  order,  to  which  the  ocn- 
•«hiti«n«.     currence  of  both  Houses  may  be  necessary,  except  on  a  question 
of  election  or  adjournment,  shall  l>e  presented  to  the  Governor, 
and,  before  it  shall  take  effect.  l)e  approved  by  him,  or,  being  dis- 
approved, shall  be  re-passed  by  two-thirds  of  each  House,  accord- 
ing to  the  rules  and  limitations  prescribed  in  case  of  a  bill. 
R^a^owr.r  uf     §  4966.     8.  There  shall  be  a  Secretar}^  of  State,  a  Comptrol- 
^{.•^^J"^*"  ler  General,  a  Treasurer,  and  Surveyor  General  elected  by  tiie 
ij^/rar      ^^'-^'it'ral  Assembly,  and  they  shall  hold  their  ofiices  for  the  like 
period  as  the  Governor,  and  shall  have  a  competent  salary,  which 
shall  not  be  increased  or  diminished  duiing  the  period  for  which 
they  shall  have  been  elected.     The  General  Assembly  may  at  any 
time   consolidate  any  two  of   these  offices,  and  require   all   thft 
duties  to  be  discharged  by  one  officer. 


APPENDIX. — CoNS-nrcTioN  of  the  State  of  Georgia.        97i 


Article  3. — Executive  Department. 


§  4967.  0.  The  great  seal  of  the  State  shall  be  .leposited  in  Great^^aai^^ 
the  office  of  the  Secretary  of  State,  and  shall  not  be  affixed  to 
any  instrument  of  writing  but  by  order  of  the  Governor  or  Gen- 
eral Assembly ;  and  the  General  Assembly  shall,  at  their  first 
session,  after  the  rising  of  this  Convention,  by  law  cause  the  great 
seal  to  be  altered.  .  , 

§  4968.     10.  The  Governor  shall  liave  power  to  appoint  his^;;^™*'^ 
own  Secretaries,  not  exceeding  two  in  number. 


ARTICLE  lY. 

JUDICIAL  DEPARTMENT. 

Section  I. 


SacTiox.  .Section. 

1969.  Judicial  power.  j  4971.  Jurisdictiou  of  Supreme  Court. 

4»70.  Suprome  Court.  I  4972.  Cases— how  and  when  disposed  oi". 

§4969.     1.  The  judicial  powers  of  this  State  shall  bevested  junsdi.fc.n. 
in  a  Supreme  Court  for  the  correction  of  errors,  a  Superior,  In-'  ***'*'"• 
ferior.  Ordinary  and  Justices'  Courts,  and  in  such  other  courts  as 
have  been  or  may  be  established  by  law. 

§4970.  2.  The  Supreme  Court  shall  consist  of  three  Judges,  orgaui/A- 
who  shall  be  appointed  by  the  Governor  with  the  advice  and  con- **""• 
sent  of  two-thirds  of  the  Senate,  for  such  term  of  years  as  shall 
be  prescribed  by  law,  and  shall  continue  in  office  until  their  suc- 
ceasors  shall  be  appointed  and  qualified,  removable  bv  the  Gov- 
ernor on  the  address  of  two-thirds  of  each  branch  of  the  Gen- 
eral Assembly,  or  by  impeachment  and  conviction  thereon. 

§  4971.  3.  The  said  Court  shall  have  no  original  jurisdiction,  s^^^^.H*;^ 
but  shall  be  a  court  alone  for  the  trial  and  correction  of  errors  in  Ja''r.[fii^fi»n, 
law  and  equity  from  the  Superior  Courts  of  the  several  circuits, 
and  shall  sit  at  least  once  a  year,  at  a  time  ]u-escribcd  by  law,  in 
each  of  one  or  more  judicial  districts,  designated  by  tlie  (Tcneral 
Assembly  for  that  purpose,  at  such  point  in  each  district  as  shall 
\y  the  General  Assembly  be  ordained,  for  the  trial  and  determi- 
nation of  writs  of  error  from  th©  several  Superior  Courts  included 
in  such  judicial  districts. 

§497'^      4.  The  said  court  shall  dispose  of  and  finally   deter- case* u^^u 

c  111  !•  1  1,    J.1        4:;      Z  at  tno  nrH 

mine  every  case  on  the  docket  01  such  court  at  tlie  nrst  or  sec-  term. 
ond  term  after  such  wTit  of  error  brought ;  and  in  case  the  plain- 
tiff in  error  shall  not  be  prepared  at  the  first  term  of  such  court 
after  error  brought,  to  prosecute  the  case,  unless  precluded  by 
some  Providential  cause  from  such  prosecution,  it  shall  be  strick- 
en from  the  docket,  and  the  judgment  below  shall  stand  af- 
firmed. 


972         APPENDIX. — Constitution  of  the  State  of  Georgia. 

Article  4. — Judicial  Departmont. 

SECTION  II.  ' 

Sectiox.  iSectiox.  V 

4973.  Judges  of  Iho  Supremo  Court.  I  497!t.  May  correct  errors,  &e. 

4974.  Jurisdiction  ill  divorce  cases.  :  4930.  Ma}' issue  writs  of  mandamus,  &o. 

4975.  In  criminal  cases.  I  4981.  Superior  and  Inferior  Courts. 

4976.  Criminal  cases — where  tried.  |  4982.  Joint  oljligor.«:,  &c. 

4977.  Respecting  titlo.^  to  land.  j  4983.  Maker  and  endorser. 

4978.  Appellate  jurisdiction.  !  ■i^S4.  Sessions  of  tlic  Sup'r  ami  Infr  c'ts. 

^uperiar  §4973.     1..  TliG  Judgt'S  ol"  tlio  Superior  Courts  shall   bo  ap- 

^^''^  ^"*'^''- pointed  ill  the  same  manner  as  Judges  ol"  the  Supreme  Court 
from  the  circuits  in  which  they  are  to  serve,  for  the  term  of  four 
years,  and  shall  continue  in  office  until  their  successors  shall  be 
appointed  and  (pialitied,  removable  l)y  the  Governor  on  the  ad- 
dress of  two-thirds  of  each  branch  of  the  General  Assembly,  or 
by  impeachment  and  conviiition  thereon. 
Jurisdiction      §-19 7-1.     2.  Thc  Superior  Court  shall  liavc  exclusive  jurisdic- 
indiTorco.    tion  in  all  cases  of  divorce,  both  total  and  partial;  but  no  total 
divorce  shall  be  granted,  except  on  the  concurrent  verdicts  of 
two  special  juries.     In  each  divorce  case,  the  court  shall  regu- 
late the  rights  and  disabilities  of  the  parties. 
In  criminal       §  4975.     3,  Tlic  SupcHor  Court  shall  also  have  exclusive  juris- 
**""*■  diction  in  all  criminal  cases,  except  as  relates  to  peojile  of  color, 

iines  for  neglect  of  duty,  contempts  of  court,  violations  of  road 
laws,  and  obstructions  of  water  courses,  jurisdiction  of  which 
shall  be  vested  in  such  judicature  or  tribunal  as  shall  be  or  may 
have  been  pointed  out  by  law  ;  and  except  in  all  other  minor  of- 
fences committed  by  free  white  persons,  and  which  do  not  subject 
the  olfender  or  oti'enders  to  loss  of  life,  limb  or  member,  or  to 
confinement  in  the  penitentiary  ;  in  all  such  cases,  corporation 
courts,  such  as  now  exist,  or  may  hereafter  be  constituted,  in 
any  incorporated  city  or  town,  may  be  vested  with  jurisdiction, 
under  such  rules  and  regulations  as  the  Legislature  may  hereaf- 
ter by  law  direct, 
vor.nt.  §  4970,     4.  All  criminal  cases  shall  bo  tried  in  the  county 

where  the  crime  was  committed,  except  in  cases  where  a  jury 
cannot  be  obtained. 
K«»pe«ting       §  "1:977.     5.  Tlic  Supcrior  Court  shall  have  exclusive  jurisdic- 
rrUv^toiaiui.  fiQi^  ill  all  cascs  respecting  titles  to  land,  which  shall  be  tried  in 
the  county  where  the  land  lies.     And  also  in  all  equity  causes 
which  shall  be  tried  in  the  county  where  one  or  more  of  the  de- 
fendants reside,  against  whom  substantial  relief  is  prayed, 
4ppeiiaiu         §4978.     G.  It  siiall  have  appellate  jurisdiction  in  all  such  ca- 
.lunsdiciioB.  ges  as  may  be  provided  by  law. 

Mayooma     §4979.     7.  It  shall  havc  powcr  to  corrcct  errors  in  inferior  ju- 
*rn>rj.         dicatoi'ies  bv  writ  of  ceiiinrarL  and  to  jtrant  new  trials  in   the 
Superior  Court  on  proper  and  legal  grounds. 


APPENDIX. — Constitution  of  the  State  of  Geokqia. 


973 


Article  4. — Judicial  Department. 


§4980.     8.  It  shall  have  power  to  issue  writs  of  mandamus,  writs  of 
prohibition,  scire  facias^  and  all  other  writs  which  may  be  ne- "'*"^*""*- 
cessary  for  carrying  its  powers  fully  into  effect. 

§4981.     9.  TheSuperior  and  Inferior  Courts  shall  have  oon-po»«^tBt 
current  jurisdiction  in  all  other  civil  causes ;  which  shall  be  tried ^"^'^ 
in  the  county  where  the  defendant  resides. 

§4982.     10.  In  cases  of  joint  obligors,  or  joint  promissors  or  joint  ob«- 
co-partners,  or  joint  trespassers  residing  in  different  counties,  ^'"■*' 
the  suit  may  be  brought  in  either  county. 

§4983.     11.  In  case  of  a  maker  and  endorser  or  endorsers  of  Maker  s»«i 
})romissory  notes  residing  in  different  counties  in  this  State,  the  *''^<'"^'- 
same  may  be  sued  in  the  county  where  the  maker  resides. 

§  4984.     12.  The  Superior  and  Inferior  Courts  shall  sit  in  each  BessSoB*. 
county  twice  in  every  year,  at  such  stated  times  as  have  been  or 
may  be  appointed  by  the  General  Assembly. 


SECTION  III. 


Secttqn. 
4985.  Judges'  salaries. 
498G.  States'  Att'y  and  Sol'r  General. 
4087.  Justices  of  the  Inferior  Court. 


Section. 
4088.  Justices  of  the  Peace. 
4989.  Ordinary — election  and  duties. 


§  4985.    1.  The  Judges  shall  have  salaries  adequate  tq  their  ser-  «»!»»••. 
vices  fixed  by  law,  which  shall  not  be  diminished  during  their 
(continuance  in  office ;  but  shall  not  receive  any  other  perquisites 
or  emoluments  whatever,  from  parties  or  others,  on  account  of 
any  duty  required  of  them. 

§  4986.  2.  There  shall  be  a  State's  Attorney  and  Solicitors  >u»«»i.s 
appointed  in  the  same  manner  as  the  Judges  of  the  Supreme  url*'**'*'' 
Court  and  commissioned  by  the  Governor  ;  who  shall  hold  their 
offices  for  the  term  of  four  years,  or  until  their  successors  shall 
be  appointed  and  qualified,  unless  removed  by  sentence  on  im- 
peachment, or  by  the  Governor,  on  the  address  of  two-thirds  of 
each  branch  of  the  General  Assembly.  They  shall  have  salaries 
adequate  to  their  services  fixed  by  law,  which  shall  not  be  dimin- 
ished during  their  continuance  in  office. 

§4987.     3.  The  Justices  of  the  Inferior  Courts  shall  be  elec- jK«i«M  •r 
ted  in  each  county  by  the  persons  entitled  to  vote  for  members  cowt^*^**' 
of  the  General  Assembly. 

§4988.  4.  The  Justices  of  the  Peace  shall  be  elected  in  each  juBtiwe  *f 
district  by  the  persons  entitled  to  vofe  for  members  of  the  Gen- *^*  ^•***' 
eral  Assembly. 

§  4989.     5.  The  powers  of  a  Court  of  Ordinary  and  of  Pro-  ordiiiMy- 
bate,  shall  be  vested  in  an  Ordinary  for  each  county,  from  whose  d«^^,'^'  "** 
decisions  there  may  be  an  appeal  to  the  Superior  Court,  under 
regulations  prescribed  by  law.     The  Ordinary  shall  be  ex  officio' 
Clerk  of  said  court,  and  may  appoint  a  deputy  clerk.      The  Or- 


9T4         APPENDIX. — Constitution  of  the  State  of  Georgia. 


Article  4. — Judicial  Department. 


dinary,  as  Clerk,  or  his  deputy,  may  issue  citations  and  grant 
temporary  letters  of  administration,  to  hold  until  permanent  let- 
ters are  granted  ;  and  said  Ordinary,  as  Clerk,  or  his  deputy,  may 
o-rant  marriaire  licenses.  The  Ordinaries  in  and  for  the  respee- 
tive  counties' shall  be  elected,  as  other  county  officers  are,  on  the 
lirst  Wednesday  in  January,  1861,  and  every  fourth  year  there- 
after and  shall  be  commissioned  by  tlie  Governor  for  the  term 
of  four  years.  In  case  of  any  vacancy  of  said  office  of  Ordi- 
nary, from  any  cause,  the  same  shall  bo  tilled  by  election,  as  is 
provided  in  relation  to  other  county  officers,  and  until  the  same 
is  filled,  the  Clerk  of  the  Superior  Court  for  the  time  being  shall 
act  as  Clerk  of  said  Court  of  Ordinary. 


ARTICLE  V. 

MISCELLANEOUS   PROVISIONS. 


Section". 

4994.  Militia  and  county  officer?. 

4995.  Constitution — how  amended. 

4996.  "When  Constitution  shall  take  efTcM. 


V  (»t<'r.«.. 


Sbotion. 

4990.  QuaUtication  of  voters. 

4991.  Elections  by  the  Legislature. 

4992.  Elections  by  the  people. 

4993.  Civil  officers — term  of  office. 

§  4090.  1.  The  electors  of  members  of  the  General  Assembly 
shall  be  free  white  male  citizens  of  this  State  ;  and  shall  have 
attained  the  age  of  twenty-one  years ;  and  liave  paid  all  taxes 
which  may  have  been  required  of  them,  and  which  they  have 
had  an  opportunity  of  paying,  agreeably  to  law,  for  the  year 
preceding  the  election  :  and  shall  liave  resided  six  months  within 
tlic  district  or  county. 
v;uci.i«sby  §4991.  2.  All  elections,  by  the  General  Asserablj^  shall  be 
the  L*^?ia- ^^,^  y(j(^^^  and  when  the  Senate  and  House  «f  Representatives 
unite  for  the  purpose  of  electing,  they  shall  meet  in  the  Repre- 
sentative chamber,  and  the  President  of  the  Senate  shall  in  such 
cases  preside,  and  declare  the  person  or  persons  elected. 

§  4992.  3.  In  all  elections  by  the  people,  the  electors  shall 
vote  by  ballot,  until  the  General  Assembly  shall  otherwise  direct. 
(•4viu«ocrs  §4:993.  ^-  All  civil  officcrs  sluiU  coutinuc  iu  the  exercise  of 
the  duties  «f  their  several  offices,  during  the  ])eriods  for  which 
they  were  appointed,  or  until  they  shall  be  superceded  by  ap- 
pointments made  in  conformity  with  this  Constitution  ;  and  all 
laws  now  in  force  shall  continue  to  operate,  so  far  as^  they  arc 
compatible  w^ith  this  Constitution,  until  they  shall  expire,  be  al- 
tered or  repealed  ;  and  it  shall  be  the  duty  of  the  General  As- 
sembly to  pass  all  necessary  laws  and  regulations  for  carrying 
this  Constitution  into  full  effect. 
Miiids  M.i  §  4994:.  5.  All  militia  and  county  officers  shall  be  elected  by 
county  «ffi-the  people  in  snch  manner  as  the  General  Assembly  mav  by  law 
direct. 


liv-  lh«  ft 
l.le. 


APPENDIX. — Constitution  of  the  State  of  Gbor&ia.         9fB 

Article  5. — Miscellaneous  Prorisions. 


§4995.     6.  This  Constitution  shall  be  amended  only  by  a  eon-  Amni- 
^'ention  of  the  people  called  for  that  purpose.  ^wH^tiM 

§4996.  7.  This  Constitution  shall  not  take  effect  until  the  Tb**  tok** 
teame  is  ratified  by  the  people.  And  to  this  end,  there  shall  ij^ '"'*''*-''**» 
an  election  held  at  all  the  places  of  public  election  in  this  State, 
•on  the  first  Tuesday  in  July,  1861,  when  all  the  citizens  of  this 
State  entitled  to  vote  for  Governor,  shall  cast  their  ballots  either 
for  "Ratification"'  or  "^o  Ratification."  The  election  shall  be 
conducted  in  the  same  manner  as  general  elections,  and  the  re- 
turns shall  be  made  to  the  Governor.  If  a  majority  of  the  votes 
cast  shall  be  for  "Ratification,"  the  Governor  shall,  by  procla- 
mation, declare  this  Constitution  adopted  by  the  people.  But 
if  for  "No  Ratification,"  that  fact  shall  be  proclaimed  by  the 
Governor,  and  this  Constitution  shall  have  no  cff'ect  whatever. 

Done  in  Convention  of  the  Delegates  of  the  people  of  the 
State  of  Georgia,  at  Savannah,  on  the  23d  day  of  March,  in  the 
year  of  our  Lord  eighteen  hundred  and  sixty-one. 


THE  CONSTITUTION  OF  THE  CONFEDERATE  STATE6 

OF  AMERICA, 

As  adopted  hy  the  Proviswnal  Congress,  at  Montaomery^  in  th^ 
State  of  Alahama,  07i  tJie  llth  day  of  March^  tn  tJi^  year  of 
our  Lord.  1861,  for  the  permanent  Federal  Governm&nt  of 
the  Confederate  States  of  America  ;  and  adopted  and  ratified 
hy  a  unanimous  vote  of  the  Convention  of  the  State  of  Geoi^- 
tlia,  at  Savannah,  on  the  lUh  day  of  March  ^  in  theyearof  our 
Lord,  1S61;  «nd  hy  said  Convention  resolved  that  said  Con- 
^Utnition  hepuhlisJied  m  pan^t  of  the  Cod'e  of  Gmrgia. 

We,  the  people  of  the  Confederate  States,  each  State  actin^r 
m  its  s©vereio;n  and  independeiat  character,  in  order  to  form  a 
permanent  Federal  Government,  establisli  justice,  insure  domes- 
tie  tranquility  and  secure  the  blessings  of  liberty  to  ourselves 
ami  our  posterit}^— involdn^^  the  favor  and  guidance  of  Almighty 
God — do  ©rdain  and  establisk  this  Constitutioa  for  the  Confede- 
rate States  of  America. 


d7i       APPENDIX. — Constitution  of  the  Confedekate  States. 


Article  1. — Legislative  Department. 


AliTlCLE  1. 
Aktigle  2. 
Akticle  3. 
Article  4. 

iillTICLE  5. 

'  Akticle  6. 
Article  7. 


Legislative  Department. 
Executive  Department. 
Judicial  Department. 
Eelative  Rights  of  tlie  States. 
Amendments — how  made. 
Miseellaneoua  Provisions, 
llatitication. 


ARTICLE  I. 

LKOISLATIYE  DEPARTM?:NT. 


.SKCTioy. 

-1997.  LegiKlatiTO  powers — where  vested. 
■r.)98.  House  of  RoprcRoiitativca. 
•1990.  (Jualificatioii  oC iiifnilK?r8. 

5000.  Apportioninont  of. 

5001.  Vaouncios — how  fiUcd. 

6002.  Ofticcrs — Power  itf  Impeachment. 
TiOOS.  Senate;  how  chosen. 
r.004.  Classed  ;  vae^in-Mos.  , 

5005.  Qunlilicatiou.  j 

0006.  Vico  Prcsideiil.  j 

5007.  Other  officers.  j 

500S.  Trial  of  InipeachmcuU. 
i009.  Judgments  on.  j 

3010.  Klections;  h.ow  held.  '[ 

iOll.  Meeting  of  Congress.  ! 

3012.  Klections;  how  judg«d.  • 

f.013.  Rules.  ; 

iOU.  Journals,  yuia  and  naju.  i 

"•015.  Adjourumeuts.  1 

JOlti.  Compensation;  pririlegM. 
J017.  Not  eligible  to  office.  j 

5018.  Revenue  bills.  1 

.■5019.  Passing  bills;  veto.  I 

.■)020.  Passing  resolutions,  ±c.  | 

5021.  Powers  of  Congress;  taxes.  ( 

5022.  Loans.  j 

5023.  Commerce. 

5024.  Naturalization  ;  bankruptcy.  1 

5025.  Coin,  weights  and  measurea.  \ 

5026.  Counterfeiting;  punishment.  j 

5027.  Post  Offices  and  Roads.  j 

5028.  Science  and  Arts. 

.^039.  Coiu-te.  ■ 


Section. 

5030.  Piracies. 

5031.  Declaration  of  "War. 
5032    Raise  Armies. 
5033.  Maintam  Navy. 
503-1.  Land  and  Naval  fnrcos. 
5035   Call  out  Militia. 

.Mt;;(;.  'jr^MniiMtion  of 
."'1-7.  Jnii-ilir:ion  over Di.strict. 
5038.  Laws,  nocrssary  and  proptr. 
f)03U.  Importiition  of  slaves. 
5040.  From  Sluve  Stales. 

5011.  Habeas  Cofjnu. 

5012.  Attainder;  K»post/a«it,  Jet. 

5043.  Direct  Tar. 

5044.  Eiportatiou  duty. 

5045.  Preference. 

5046.  Money;  how  drawn. 

5047.  Appropriations. 
"5048.  Bills  for  appropriations. 

5049.  Titl.'S  of  Nobility. 
"5050.  No  established  religiom. 

5051.  Arms;  right  to  keep. 

5052.  Soldiers. 

5053.  Unreasonable  searches. 

5054.  Persons  accused  of  offenw*. 

5055.  TriaL 

5050.  Trial  by  jury. 

5057.  Bad. 

5058.  Title  of  laws. 

5059.  Limitations  on  Statas. 
50G0.  Imports  and  duties. 
506L  Tonnage  Duties,  kt. 


APPENDIX. — CoNsmTTTON  of  the  Confedkrate  States.      977 

Anide  1. — Legislntive  Department. 

SECTION  I. 

§  4097.  All  legislative  powers  herein  delegated  shall  he  vested  Loswintive 
in  a  Congress  of  the  Confederate  States,  wliich  shall  consist  of  a''"""^' 
Senate  and  House  of  Representatives. 


SECTION  II. 

§  4998.     1.  The  House  of  Representatives  shall  be  composed  of  r.^frcwntv 
menibers  chosen  every  second  year  by  the  people  of  the  several  'hosT^.'"'* 
States;  and  the  electors  in  each  State  shall   be  citizens  of  thep','jj,^J'^"y;,. 
Confederate  States,  and  have  the  qualifications  requisite  for  elec-i*"*- 
tors  of  the  most  nmneroU'^  branch  of  the  State  Legislature  ;  but 
no  person   of   foreign  birth,  not  a  citizen  of  tlie   Confederate 
States,  shall  be  allowed  to  vote  for  any  officer,  civil   or  political, 
State  or  Federal. 

§4999.     2.  No  person  shall  be  a   Representative,  who  shall  *"^!"'""''-""'^ 
not  have  attamed  tlie  age  oi  twenty-nve  years,  and  be  a  citizen 
of  the  Confederate  States,  and  who  shall  not,  when  elected,  be 
an  inhabitant  of  that  State  in  wli'ch  he  shall  be  clu^sen. 

§5000.  3.  Representatives  and  Direct  Taxes  shall  be  appor- Apportion- 
tioned  among  the  several  States  which  may  be  included  within  ];j;;;^'[);f^g^ 
this  Confederacy,  according  to  their  respective  numbers,  which 
Bhall  be  determined,  by  adding  to  the  whole  number  of  free  per- 
sons, including  those  bound  to  service  for  a  term  of  years,  and 
excluding  Indians  not  taxed,  three-lifths  of  all  slaves.  The  ac- 
tual enumeration  shall  be  made  within  three  years  after  the  first 
meeting  of  the  Congress  of  the  Confederate  States,  and  within 
every  subsequent  term  of  ten  years,  in  such  manner  as  they 
shall,  by  law,  direct.  The  number  of  Representatives  shall  not 
exceed  one  for  every  fifty  thousand,  but  each  State  shall  have  at 
least  one  Representative ;  and  until  such  enumeration  shall  be 
made,  the  State  of  South  Carolina  shall  be  entitled  to  choose  six 
— the  State  of  Georgia  ten — the  State  of  Alabama  nine — the 
State  of  Florida  two — the  State  of  Mississippi  seven — the  State 
of  Louisiana  six.  and  the  State  of  Texas  six. 

§  5001,     4.  When  vacancies  happen  in  the  representation  from  vacanci«». 
any  State,  the  Executive  authority  thereof  shall  issue  writs  of 
election  to  fill  such  vacancies. 

§5002.     5.  The  House  of  Representatives  shall  choose  their  sp^ker  and 
Speaker  and  other  officers;  and  shall  have  the  sole  power  of  jm- "''""""'"*"'* 
peachinent ;  except  that  any  judicial  or  other   federal   officer, 
resident  and  acting  solely  within  the  limits  of  any  State,  may  be^.^^'*^* 
impeached  by  a  vote  of  two  thirds  of  both  branches  of  the  Leg- 
islature thereof. 


978       APPENDIX. — Constitution  of  the  Confederate  States. 

Article  1  — Legislative  Department. 


SECTIOIS^  III. 

Senators-        §5003.     1.  The  Senate  of  the  Coiit'ederate   States   t^liall    be 
how  chosp.n.  (;onj])osed  of  two  Senators  from  each  State,  ehosen  for  six  years 
by  tlie  Legislature  thereof,  at  the  reg:nlar  session  next  immedi- 
ately preceding  tlie  commencement  of  the  term  of  service  ;  and 
each  Senator  shall  have  one  vote. 
Senators—        ^5004.  2.  Immediately  atVcr  they  shall  be  assembled,  in  con- 
how classed,  gg^^^j^^j^^.j,  ^J^^  ^\^^,  j[j.,^  clcctioTi,  tlicj  sliall  be  divided  as  equally  as 
may  be  into  tliree  classes.     The  seats  of  the  Senators  of  the  first 
class  shall  be  vacated  at  the  ex[)iration  of  the  second  yejir;  of  the 
second  class  at  the  expiration  of  the  fourth  year;  and  the  third 
class  at  the  expiration  of  the  sixth  year;  so  that  one-third  may 
be  chosen  every  second  year  ;  and  if  vacancies  iiappen  by  resigna- 
tion, or   otherwise,  during  tlie  recess  of  the  Legislature  of  any 
Vacancies—  State,  the  Executive  thereof  may  make  temporary  appointments 
until  the  next  meeting  of  the  Legislature,  which  shall  then  till 
such  vacancies. 
Qnaiificntion      $>  50(>5.     8.  No  pcrsou  sliall  bc  a  Senator  who  shall  not  have 
ofsonntors.  attained  the  age  <»f  thirty  years,  a!id  be  a  citizen  of  tlic  Confed- 
erate States;  and  who  shall  not.  when  elected,  be  an  inhabitant 
uf  the  State  for  which  he  shall  be  chosen. 
Vice  Pripi-       ^  500(».  4.  The  Vice  President  of  the  Confederate  States  shal] 
''*''""  be  President  of  the  Senate,  but  shall  have  no  vote,  unless  they  be 

equally  divided. 
Maychnose       j^  oOOT.     5.  Tlic  Senate sliall  cliousc  thciv other  ofticoFS ;  aiid  alsft 
Ttrs!  "^'    ^  President  p/'o  tinnporc  in  the  absence  of  the  Vice  President,  or 
when  he  shall  exercise  the  office  of  President  of  the  Confederate 
States. 
Trial  or  im       J;  5008.     ().  Thc  Senate  shall  have  the  sole  power  to  try  all  im- 
piachinints.  p^..^^,i,,,i(3],t ,;,     Wlicu   sitting  fof  that  purpo-o,  they  sliall   bo  on 
oath   or   aliinnHrioii.     When    the  President  of   the  Confederate 
States  is  tried,  the  Chief  Justice  shall  ]»reside;   and   no  person 
shall  be  convicted  wiihout  the  concurrence  of  two-thirds  of  the 
memliers  present. 
jucipnK'nt        (noOOO.     ".  ,]  udiTment,  in  cases  of  impeachment  shall  not  ex- 
•meat.  tciid  iurthor  than  to  removal  irom  oiiice,  and  d!^>qualincation  to 

hold  and  enjoy  any  ottice  of  honor,  trust  or  ])rotit,  under  the  Con- 
federate States;  but  the  i>arty  convicted  shall,  nevertheless,  be 
liable  and  subject  to  indictment,  trial,  judgment,  and  pnnish- 
metit  accordino;  to  law. 


SECTION  IV. 

§  5010.     4.  The  times,  places,  and  manner  of  holding  elections 

%»w'hfid.     f^,!-  Senators  and   Representatives,  shall   be  prescribed  in   eack 

State  by  the  Legislature  thereof,  subject  to  the  provisions  of  thii 


EleetioTis 


APPENDIX. — Cox3TiTunoN  of  the  CoNfrirDBRATE  Stateb,      973 

Article  1. — Legislative  Department. 


Constitution  ;  but  the  Congress  may,  at  any  time,  by  law,  make 
or  alter  pufh  regulations,  except  aa  to  the  times  and  places  of 
choosing  Senators. 

§  5011.     2.  The  Congress  shall  assemble  at  least  once  in  every  oonsrets 
vear:  and  ^iucli  meeting  shall  he  on  the  iirst  McMiday  in  Decern- "'ijUnJItSS^ 
her,  unless  they  t*h:ill,  by  law,  appoint  a  dilFerent  day. 


SECTIOX  V. 

§  5012.     1.  Each  House  shall  l)e  the  judge  of  the  elections,  re-  Eieewom*- 
tnrns  and  qualifications  of  its  own  members,  and  a  majority  ofli^iige^"* 
each  shall  constitute  a  quorum  to  do  business;  Init  a  smaller  num- 
ber may  adjourn  from  day  to  day,  and  may  be  authorized  to  com-  Q"*'"™'- 
pel  the  attendance  of  absent  members,  in  such  manner  and  under 
such  penalties  as  each  House  may  provide. 

§  5013.     2.  Each  House  may  deterinitie  the  rules  of  its  pro-  k«>i««- 
ceedings,  punish  its  members  for  disorderly  behavior,  and,  with 
the  concurrence  of  two-thirds  of  the  whole  Tiumber,  expel  a  mem- 
l)er. 

§5014.     3.  Each  House  shall  keep  a  journal  of  its  proceed- j»«d»»u. 
ings,  and  from  time  to  time  publish  the  same,  excepting  such 
parts  as  may,  in  their  judgment  require  sccresy ;  and  the  yeas 
and  nays  of  the  members  of  either  House,  on  any  question,  shall,  Xft"*,""* 
at  the  desire  of  (»ne- fifth  of  those  present,  be   entered  on   the 
journal. 

^5015.     4.  Xeither  House,  during  the  session  of  Congress,  A<ijanrw- 
shall.  without  the  consent  of  the  otiier,  adjourn  for  more  tl'.an  """"'*• 
three  days,  nor  to  any  other  place  than  that  in  which  the  two 
Houses  shall  besittiiiir. 


SECTION  Vl. 

s^oOlf^.     1.  The  Senators  and  Representatives  shall  receive  a i;<»miK.n:*R 
compensation  for  their  services,  to  be  ascertained  l)y  law,  and  paid  """■ 
out  of  the  treasury  of  the  Confederate  States.     They  shall,  in  all 
cases,  except  treason,  felony,  and  breach  of  the  peace,  be  privileged 
from  arres-t  during  their  attendance  at  the  session  of  their  respec- pvee  fr«>m 
tive  Houses,  and  in  going  to  and  returning  from  the  same;  and'"''''^'- 
for  any  speech  or  debate  in  either  House,  they  shall  not  be  ques- 
tioned in  any  other  place. 

§  5017.     2.  !No  Senator  or  Representative   shall,  during  the  Members 
time  for  which  he  was  elected,  be  appointe<l  to  any  civil  office  "d'oa^ 
under  the  authority  of  the  Confederate  State-,  which  shall  have 
V)cen  created,  or  the  emoluments  whereof"  shall   have   been   in- 
creased during  such  time;  and  no  person  holding  any  office  under 
the  Confederate  States  shall  be  a  member  of  either  House  duriug 


&80      APPENDIX. — Constitution  of  the  Confederate  States. 


BcTeam 


iBm«. 


7<ito. 


Article  1. — Legislative  Department. 


his  continuance  in  office.  But  Cony;ress  may,  by  law,  grant  to 
the  principal  officers  in  each  of  the  Executive  Departments  a  seat 
upon  the  floor  of  either  House,  witli  the  j)rivilege  of  didcussiug 
any  measures  appertaining  to  his  department. 


SECTION  VII. 

§5018.     1.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives ;  but  tiie  Senate  may  propose  or  con- 
cur with  amendments  as  on  other  bills. 
Pft-sins  §  5019.     2.  Every  bill  which  shall  have  passed  l)oth  Houses, 

shall,  before  it  becomes  a  law,  be  presented  to  the  President  of 
the  Confederate  States;  if  he  apj)rove,  he  shall  piL':n  it;  but  if 
not,  he  shall  return  it  with  his  objections  to  that  House  in  which 
it  shall  have  originated,  wlio  shall  enter  the  objections  at  large 
on  their  journal,  and  proceed  to  reconsider  it.  If,  after  such  re- 
consideration, two-thirds  of  that  House  shall  agree  to  pass  the 
bill,  it  shall  be  sent,  together  with  the  objections,  to  the  other 
House,  by  which  it  shall  likewise  be  reconsidered,  and  if  ap- 
proved by  two-thirds  of  that  House,  it  shall  become  a  law.  But 
in  all  such  cases,  the  votes  of  both  Houses  fhall  be  determined  by 
yeas  and  nays,  and  the  names  of  tlie  persons  voting  for  and 
against  the  bill  shall  be  entered  on  the  journal  of  eacli  House 
respectively.  If  any  bill  shall  not  be  returned  by  the  President 
within  ten  days  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him',  the  same  shall  be  a  law,  in  like  manner  as  if  he 
had  signed  it,  unless  the  Congress,  by  their  arljournment,  prevent 
its  return  ;  in  which  case  it  sliall  not  be  a  law.  The  President 
may  ap[)rove  any  a])propriation  and  disapprove  any  other  appro- 
priation in  the  same  bill.  In  such  case  he  shall,  in  signing  the 
bill,  designate  the  appropriations  disapproved  ;  and  shall  return 
a  copy  of  such  appropriations,  with  his  objections,  to  the  House 
in  wliich  the  bills  shall  have  originated  ;  and  the  same  proceed- 
ings shall  then  be  had  as  in  case  of  other  bills  disapproved  by 
the  Prjsident. 
owl«r^^^«>.  §5020.  3.  Every  order,  resolution  or  vote,  to  which  the  con- 
-ho^p^;  currence  of  both  Houses  may  be  necessary  (except  on  a  question 
•^  of  adjournment)  shall  be  presented  to  the  President  of  the  Con- 

federate States ;  and  before  the  same  shall  take  effect,  shall  be 
approved  by  him ;  or  being  disapproved  by  him,  shall  be  re- 
passed by  two-thirds  of  both  Houses  according  to  the  rules  and 
limitations  prescribed  in  case  of  a  bill. 


SECTION  VIII. 

The  Congress  shall  have  power — - 

§  5021.     1.  To  lay  and  collect  taxes,  duties,  imposts,  and  ex- 


APPENDIX. — Constitution  of  the  Confederate  States.      981 

Article  1. — Lef^slaiive  Department. 


•cises,  for  revenue  necessary  to  pay  the  debts,  provide  for  the  com-  p<.u-r  ..f 
mon  defence,  and  carry  on  the  Government  of  the  Confederate uxX'**" 
States  ;  but  no  bounties  shall  be  granted  from  the  treasury  ;  nor 
sliall  any  duties  or  taxes  on  importations  from  foreign  nations  bo 
laid  to  promote  or  foster  any  branch  of  industry;  and  all  duties, 
imposts  and  excises  shall  be  uniform  throughout  the  Confederate 
States : 

§  5022.     2,  To  borrow  money  on  the  credit  of  the  Confederate  Loan,. 
States : 

§  5023.  3.  To  regulate  commerce  with  foreign  nations,  and  comment. 
among  the  several  States,  and  with  the  Indian  tribes;  but  neither 
this,  nor  any  other  clause  contained  in  the  Constitution,  shall 
ever  be  construed  to  delegate  the  power  to  Congress  to  appro- 
priate money  for  any  internal  improvement  intended  to  facilitate 
commerce;  except  for  the  purpose  of  furnisliing  lights,  beacons, 
and  buoys,  and  other  aids  to  navigation  upon  tlie  coasts,  and  the 
improvement  of  liarbors  and  the  removing  of  obstructions  in 
river  navigation,  in  all  which  cases,  such  duties  sliall  be  laid  on 
the  navigation  facilitated  thereby,  as  may  be  necessary  to  pay 
the  costs  and  expenses  thereof: 

^  5024.     4.  To  establish  uniform  laws  of  naturalization,  and  NatnrftiiM- 
nnil'orm    laws  on  the  subject  of  bankruptcies,  throughout  the 
Confederate  States,  but  no  law  of  Congress  shall  discharge  any  Bankruptcy, 
•debt  contracted  before  the  passage  of  the  same: 

§5025.     5.  To  coin  money,  regulate  the  value  thereof  and  ofor^in  money 
foreign  coin,  and  fix  the  standard  of  weights  and  measures:  uroV'''"''^ 

§502G.     6,  To  provide  for  the  punishment  of  counterfeiting r^„.tcrfeft. 
the  securities  and  current  coin  of  the  Confederate  States:  metu''""'*''' 

§  5027.     7.  To  establish  post  offices  and  post  routes  ;  but  the  i'y»t uaaox 
expenses  of  the  post  office  department,  after  the  first  day  of 
March,  in  the  year  of  our  Lord  eighteen  hundred  and  sixty- 
three,  shall  be  paid  out  of  its  own  revenues: 

§5028.     8.  To  promote  the  progress  of  science  and  useful  science  nmi 
arts,  by  securing  for  limited  times  to  authors  and   inventors  the*""^ 
exclusive  right  to  their  respective  writings  and  discoveries : 

§5029,     9.  To  constitute  tribimals  inferior  to  the  Supreme  ooohb. 
Court : 

§5030.     10.  To  define  and  punish  piracies  and  felonies  com-Pir»ciofc 
mitted  on  the  high  seas,  and  offences  against  the  law  of  nations: 

§5031.     11.  To  declare  war,  grant  letters  of  marque  and  re- ^**'''" '^• 
prisal,  and  make  rules  concerning  captures  on  land  and  water  : 

§5032.     12.  To  raise  and  support  armies;  but  no  appropria-iutaomooer 
tion  of  money  to  that  use  shall  be  for  a  longer  term  than  two 
years : 

§5033.     13.  To  provide  and  maintain  a  navy  :  vmj. 

§  5034.     14.  To'^  make  rules  for  the  government  and  regulation  unrian<ina- 
of  the  land  and  naval  forces  :  vairaroc. 

,§  5035.     15.  To  provide  for  calling  forth  the  militia  to  exe-  muiu^ 


982       APPENDIX. — Constitution  ok  the  Confederate  States. 


Article  1. — Legislative  Department. 


cute  tlie  laws  of  the  Confederate  States,  suppress  insurrectionfe, 
and  repel  invasions : 
•rgwaizatioi      j>  oOol).     !♦').  To  providc  foi'  or<;aiii2ing,  arming,   and  disciiv 
ofaiiuiia.    Jininf;  tlic  militia,  and  for  governiii<r  sncli  part  of  them  as  may 
be  emi)loyed  in   the  service  of  tlic  Confederate  States,  reserv- 
ing to  the  States  respectively,  the  nppointnK^nt  of  the  officers, 
and  the  anthority  of  training  the  militia  according  to  the  discip- 
line prescribed  by  Congress : 
Kx«insi*>        §5037.      17.    To  exercise  exclusive  legislation,  in   all    cases 
Bmdi.tion.  whatsoever,  over  such  district  (not  exceeding  ten  miles  square) 
as  may,  by  cession  of  one  or  more  States  and  the  acceptance  of 
Congress,  l)ecome  the  seat  of  the  (Tovernment  of   the  Confede- 
rate States ;  and  to  exercise  like  authority  over  all  places  pur- 
chased by  tlie  consent  of  the  Legislature  of  the  State   in  which 
tiie  same  shall  be,  for  the  erection  of  forts,  magazines,  arsenals, 
dock-yards,  and  other  needful  buildings  :  and 
^     „      §5038.     18.  To  make  all  laws  which  shall  be  necessary   and 

Sa  Euuke  all         •>  ,  .  .  ,  ,  .  ill 

nw»  w.c**-  proper  tor  carrying  into  execution  the  loregoing  i»owers,  and  all 
'"'^'  other  powers  vested  by  this  Constitution   in   the  government  of 

the  Confederate  States,  or  in  any  department  or  otiicer  thereof. 


SECTION  IX. 

i»iK)ruiioa      §5039.     1.  The  importation  of  negroes  of  the   African  race, 
of  ii«a;r<K».   f^y,,^  jiny  foreign  country,  other  than  the  slavcholding  States  or 
Territories  of  the  United  States  of  America,   is  hereby   forbid- 
den ;  and  Congress  is  reipiirod  to  pass  such  laws  as  shall  effectu- 
ally prevent  the  same, 
From  m«u«      ^5010.     2.   Congress  shall  also  have  power  to  jirohibit  the  iu- 
•r  Terriio     troductiou  of  shivcs  froui  any  State  not  a  member  of,  or  Ti^rritorj 

not  belonging  to  this  Confederacy. 
ffaieawr-      ^5041.     3.  The  privilege  of  the  Writ  of  habeas  corpua  shall 
'^*'  not  be  suspentled,  unless  when  in  cases  of  rebellion  or   invasion 

the  ])nl)lic  safety  may  require  it. 
AitiiiBdoi—      vj  5042.     4.  Xo  bill  of  attainder,  f.cjjoJii  facto  law.  or  law  de- 
J^iuwi"^'""  nying  or  iiiqtairing  the  right  of  property  in  negro  slaves  shall  be 

passed. 
■Vox.  §  5043.     5.  Xo  capitation  or  other  direct  tax  shall  be  laid,  un- 

less in  ]>roportion  to  the  census  or  enumeration   hereinbefore  di- 
rected to  bo  taken. 
Esporiaiion.      §  5044.     G.  X'o  tax  or  duty  shall  be  laid  on   articles  exported 

from  any  State,  exce[>t  by  a  vote  of  two  thirds  of  both  Houses. 
Preference,       §  5045.     7.  Xo  preference  shall  be  given  by  any  regulation  of 
commerce  or  revenue  to  the  ports  of  one  State  over  those  of  an- 
other. 
Mo»*y-ii<»w      §50-tr).     8.   Xo  money  shall  be  drawn  from  the  treasury,   but 
drawu.         ill  consequence  of  appropriations  made  by   law  ;    and   a  regular 


APPENDIX. — CoNSTiTU-noN  of  the  Confederate  States.      988 

Article  1. — Legislative  Department. 


statement  and  account  of  the  reccij'ts  and  expenditures  of  all 
public  money  shall  he  puhlislicd  fnun  time  to  time. 

§5047.     ii.    Concress  shall   appropriate  no  monev   from  the  Appropria-' 

<T  **  »i"i  I"*    11      XT  "  1.    1  tins  uj**nt*y  * 

treasury  except  by  a  vote  ot  two- thirds  oi  both  Houses,  taken 
by  yeas  and  naysj  unless  it  be  asked  and  estimated  for  by  some 
one  of  the  heads  of  Department,  and  submitted  to  Congress  by 
the  President ;  or  for  the  purpose  of  payiniij  its  own  expenses 
and  contingencies  ;  or  for  the  payment  of  claims  against  the 
Confederate  States,  the  justice  of  which  shall  have  been  judici- 
ally declared  by  a  tribunal  for  the  investigation  of  claims  against 
the  government,  which  it  is  hereby  made  the  duty  of  Congress 
to  establish. 

§504:8.      10.    All  bills  approprinting  money  shall_  specify  in  B'^s^J^r  jm^ 
federal  currency  the  exact  amount  of  each  apj>ropriation  and  the  ' 
purposes  for  which  it  is  made  ;  and  Congress  shall  grant  no  ex- 
tra compensation  to  any  public  contractor,  officer,  agent  or  ser- 
vant, after  such  contract  shall  have  been   made  or  such  service 
rendered. 

§5040.     11.  No  title  of  nobility  shall  be  granted  by  the  Con-  Titiesofno- 
federate  States ;  and  no  ])erson  holding  any   office  of  profit  oriJ^tV**"" 
trust  under  them  shall,  without  the  consent  of  the  Congress,  ac- 
cept of  any  present,  emolument,  office  or  title  of  any  kind  what- 
ever from  any  king,  prince,  or  foreign  State. 

8  5(»50      12.  Con-rress  shall  make  no  law  respectinij;  an  estab-^oestabi'sh- 

'J       '  '^  .....  1        i»  •         '  I  t'  '^^'  religion . 

lishment  of  religion,  or  prohibitmg  tlic  tree  exercise  tiusreot;  or 
abridging  the  freedom  of  speech,  or  of  the  press  ;  or  the  right 
of  the  ]>cople  peaceably  to  assemble  and  i)etition  the  govern- 
ment for  a  redress  of  grievances. 

^5051.     13.  A  well  regulated  militia  l)cing  necessary   to  the  •^'•'^•^ 
security  of  a  free  State,  the  right  of  the  people  to  kec])  and  ]>ear 
arms  shall  not  be  infringed. 

§505L>.     14.  Xo  soldier  shall,  in  time  of  peace,  be  quartered  soidkrs. 
in  any  house  without  the  consent  of  the  owner  ;  nor  in   time  of 
war,  hut  in  a  manner  to  be  prescribed  by  law. 

!:•  5053.     15.  The  v'vA\t  of  the  people  to  be  secure  in  their  per- unrcasoua- 

'        ,  1       ji-      ,  *  .  11  1         t'C  searches 

sons,  houses,  papers,  and   eTrects  against  unreasonable  searches  and  seizures. 
and  seizure-,  sliall  not  b(^  violated;  and  no  warr-mts  shall  issue 
but  uj!o)i  probable  cause,  siippurtijd  by  oath,  or  affirmation,   and 
particularly  describing  the  place  to  be  searched,  and  the  persons 
or  things  to  be  seized. 

<$  5054.      1^>.   No  i)in-son  shall  be  held  to  answer   for  a   capital  rers».u.sac- 

'-     1    ■        .         .     ,.  '  •  1  ^  X  •      )•    4.    cased  of  of- 

or  <.»t.lierwisc  intainous  crime,  unless  on  a  presentment  or  muict- fences— how 
raent  of  a  grand  jury,  except  in  cases  arising  in  the  land  or  ua-'^'^'"^^'^- 
val  forces,  or  in  the  militia,  when  in  actual  service,  in  time  of 
war  or  ]uiblic  danger;  nor  shall  any  person  be  subject  for  the 
&ame  olfence  to  be  twice  put  in  jeopardy  of  life  or  limb;  nor  be 
compelled,  in  any  criminal  case,  to  be  a  witness  against  himself ; 
nor  be  deprived  of  life,  liberty,  or  property,  without  due  process 


984:      APPENDIX. — Constitution  of  the  Confederate  States. 


Article  1. — Legislative  Department. 


of  law  ;  nor  shall  private  property  be  taken  for  public  use,  with- 
out jn8t  compensation. 
A^'P'-e'iy     ^    §5055.     17.  In  all  criminal  prosecutions  the  accused  shall  en- 
JrittL*'"    "  joy  the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury 
of  the  State  and  district  wliereiu  tlie  criuie  shall  have  been  com- 
mitted, which  district  shall  have  been  previously  ascertained  bj 
law,  and  to  be  informed  of  the  nature  and  cause  of  the  accusa- 
tion ;  to  be  confronted  with  the  witnesses  against  him  ;    to  have 
compulsory  process  fur  obtaining  witnesses  in  his  favor;  and  to 
have  the  assistance  of  counsel  for  his  defence. 
Triaibyjary      §5050.     18.  In  suits  at  couimoii  law,  where  the  value  in  con- 
troversy shall  exceed  twenty  dollars,  the  riglit  of  trial    by  jury 
shall  be  i)reservcd ;  and  no  fact  so  tried  by  a  jury  shall   be  oth- 
erwise re  examined  in  any  court  of  the  Confederacy,  than  ac- 
cording to  the  rules  of  the  common  law. 
KTrpssiv*         §5057.     Id.  Excessive  bail  shiill  nut  be  required,  nor  cxces- 
'"'"•  sive  lines  iuijmsed.  nor  cruel  and  unusual  punishments  inflicted. 

Title  of  §  505S,     20.  Every  law  or  resolution  having  the  force  of  law, 

shall  relate  to  but  one  subject,  and  that  shall  be  expressed  in  ihe 
title. 


ImiilH. 


SECTION  X. 

T>imitntion        |;  5050.     1.  No  St atc  sliall  cntcr  iuto  any  treaty,  alliance,  or 
rr/.'7n',''i7'^'^^'^^^'^'"'^*'*^''5  K'"""^  letters  of  marque  and  reprisal,  coin  nu>ney; 
viiiuaibiuubuiake  anything  but  gold  and  silver  coin  a  tender  in  payment  of 
debts;  pass  any  bill  of  attainder,  or  ex  post  J^aclo  law,  or  law 
impairing  the  obligation  of  contracts;  or  grant  any  title  of  no- 
bility. 
fmpoRts  and      §5000.     2.  No  State  sliall,  witliout  tlio  consent  of  the  Con- 
■dutk^s.        gross,  lay  any  imp(>sts  or  duties  on  imports  or  exports,  except 
what  may  be  absolutely  neees-arv   for  executing  its  insjiection 
laws;  and  the  net  produce  of  all  duties  and  imposts,  laid  by  any 
State  on  imports  or  exports,  shall  be  for  the  use  of  the  treasury 
■of  the  Confederate  States  ;  and  all  sucji  laws  shall  be  subject  to 
tl>e  revision  and  control  of  Congre^s. 
T»»miiMr^—        §5001.     o.  No  State  shall,  without  the  consent  of  Congress, 
•hiiw't.f'ww.  |*.y  ^"y  ^^^ty  on   tonnage,  cxeej>t  on  sea-going  vessels,  for  the 
improvement  of  its  rivers  and  harbors  navigated   by  the  said 
vessels  ;  but  such  duties  shall  not  conflict  with  any  treaties  of 
the  Confederate  States  with  foreign  nations  :    and  any  surplus 
revenue,  thus  derived,  shall,  after  making  such  improvement,  be 
paid  into  the  common  treasury.    Nor  shall  any  State  keep  troops 
or  ships  of  war  in  time  of  peace,   enter  into  any  agreement  or 
compact  with  another  State,  or  with  a  foreign  power,  or  engage 
in  war,  unless  actually  invaded,  or  in  such  imminent  danger  as 
will  not  admit  of  delay.     But  when  any  river  divides  or  flows 
through  two  or  more  States,  they  may  enter  into  compacts  with 
each  other  to  improve  the  navigation  thereof. 


APPENDIX.— CoNSTrmnoN  of  the  Confederate  States.      085 


Article  2. — Executive  Department. 


ARTICLE  II. 

EXECUTIVE  DEPARTMENT. 


Sectiox. 

5070.  President's  compensation. 

5071.  His  oatli. 

5072.  His  powers. 

5073.  Treaties ;  Nominations. 


•Sbction. 
50G2.  Executive  power;  where  vested. 
506:?.  Mode  of  election;  Presideut,  &c. 

5064.  Meeting  of  Elec-tors. 

5065.  Vice  President. 
6066.  Eligibility.  I  S074   Removing  Officers. 
5067.  Time  of  Election.  j  5075.  Fill  vacancies. 

6068.  Who  may  bo  President.  j  5076.  President's  dntios. 

6069.  Vice  President  may  act ;  when.       ,   5077.  Impeachment. 

SECTION  I. 

§  50()2.     1.  The  Executive  power  sliall  be  vested  in  a  Presi- hx-'i'mUvb 
dent  of  the  Coniodcrate  States  of  Auierica.     He  and  the  Vice''"^''* 
President  shall  hold  their  otiiees  for  the  term  uf  six  3' ears  ;  but 
the  President  shall  not  be  re  ehViJjh).     The  President  and  Vice 
President  shall  !)e  elected  as  follows: 

§  50G3.     2.  Each  State  shall  a|>]ii>int,  in  such   majmer  as  tlie  Eiocnon of 
Logislatnre  thereof  may  direct,  a  numbar  of  Electors  equal  to  the,',',',Vvr(^' 
whole  number  of  Senators  and  H.^presentatives  to   which  ilie  *'"^^*'''''"''' 
State  may  be  entitled  in  the  Congress  ;  but  no  Senator  or  Ilep- 
resentative,  or  ])erson  holdinp^  an  ofHce  of  trust  or  profit  under 
the  Confederate  States,  siiall  he  appointed  an  Elector. 

§  506-1.  3.  The  Electors  shall  meet  in  their  respective  States,  mpoMus  of 
and  vole  by  ballot  for  President  and  Vice  President,  one  of 
whom,  at  least,  shall  not  be  an  inhal)itant  of  the  same  State 
with  themselves;  they  shall  name  in  their  ballots  the  person  vo- 
ted for  as  President,  and  in  distinct  ballots  the  person  voted  for 
as  Yice  President,  and  they  shall  make  distinct  lists  of  all  per- 
sons voted  for  as  President,  and  of  all  persons  voted  for  as  ViceJ|^^"' 
President,  and  of  the  number  of  votes  for  each,  which  lists  they 
shall  sign  and  certity,  and  transmit,  sealed,  to  the  seat  of  gov- 
ernment of  the  Confederate  States,  directed  to  the  President  of 
the  Senate;  the  President  of  the  Senate  shall,  in  the  presence  of 
the  Senate  and  House  of  Ivepresentatives,  open  all  the  certifi- 
cates, and  the  votes  sliall  then  be  counted  ;  the  person  having 
the  greatest  number  of  votes  for  President  shall  be  the  Presi- 
dent, if  such  number  be  a  majority  of  the  whole  number  of 
Electors  appointed  ;  and  if  no  person  have  such  majority,  then, 
from  the  persons  having  the  highest  numbers,  not  exceeding 
three,  on  the  list  of  those  voted  for  as  President,  the  House 
of  Kepresentativcs  shall  choose,  immediately,  by  ballot,  the 
President,  But  in  choosing  the  President,  the  votes  shall  be 
taken  by  States,  the  representation  from  each  State  having  one 
vote;  a  quorum  for  this  purpose  shall  consist  of  a  member  or 


98tl       APFEN.DIX. — Constitution  of  the  Confederate  States. 

Article  2. — Executive  Department. 


ineinbers  from  two-thirds  of  the  States,  and  a  raajority  of"  :ill  the 
States  sliall  be  nceesi^ary  to  a  choice.  And  if  the.  House  of  Kep- 
reseiitative.-?  t^hall  not  choo.->o  a  President,  whenever  the  ri^ht  of 
choice  shall  devolve  upon  tliem,  before  the  J'uurth  day  of  March 
next  folh->witi<^,  then  the  Vice  Pre^iilenr  shall  act  as  President, 
as  in  case  of  the  death,  or  other  constitutional  disability  of  the 
President. 
vicei'r-M-  tj  .')0(J5.  4.  The  pcrsoii  having  the  greatest  number  of  votes 
***"^  as  Vice  President,  shall  be  the  A^ice  President,  if  such   number 

be  a  mnjority  of  the  whole  number  of  Electors  appointed  ;  and 
if  no  person  have  a  majority,  then,  from  the  two  highest  num- 
bers on  the  list  the  Senatii  sliall   choose  the   Vice  President;  a 
quorum  for  the  purpose  shall  consist  of  two-thirds  of  the  whole 
number  of  Senators,  and  a  majority  of  the  whole  number   shall 
be  necessary  to  a  choice. 
MUfftbuiiv.        §50r)().      ').   I'ut   no  person  constitutionally  ineligible    to  the 
office  of  President  shall   be  eligibk-  to  that  of  Vice  President  of 
the  (Confederate  States. 
Tta»e(»f«i.«-      §  50C)7.     C.  The  Congress  may  determine  the  time  of  choo&- 
"""^  ing  the  Electors,  and  the  day  on    which  they  shall  give  their 

votes:  which  day  sh;dl  be  the  same   throughout  the  Confederate 
States, 
wiwrnayu-      § 50(»8.      7.  Xo  ]>erson,  except  a  nalural-born    citi/.en   of  tlu? 
rteVia!nt,     Confederate  States,  or  a  citizen  thereof,  at  the  time  of  the  adop- 
tion of  this  Constitution,  or  a  citizen  thereof  born  in  the  United 
States,  ]>rior  to  the  2'ith  December.  180<>,  shall  be  eligible  to  the 
office  of  President ;  neither  shall  any  person  be  eligible  to  that 
office  who  shall  not  have  attained  the  age  t)f  thirty  five  years, 
and  been  fourteen  years  a  resident  within  the  limits  of  the  Cou- 
federate  States,  as  they  may  exist  at  the  time  of  his  election. 
▼i««  ivM        §  t}()(\9.     8.  In  case  of  the  removal  of  the   President   from  of- 
uiMun.a.T     iiee.  or  of  his  death,  resignation,  or  inability   to  discharge  the 
ject-wbi-n. powers  and  dtities  of  the  said  i>ffice,  the  same  shall   devolve  ou 
the  Vice  President ;  atid  the  Congress  may.  by   law,  provide  for 
for  the  case  of  removal,    death,   resignation,   or   imil)ility  both 
of  the  President  ami  Vice  Pre-ident,  declaring  what  officer  shall 
then  act  as  President,  and  sucli  officer  shall  act  accordingly,  un- 
til the  disability  be  removed  or  a  President  shall  be  elected.    • 
preijdent'e       §  5U70.     9.  the   President  -hall,  at  stated  times,  receive  for 
«<im^[.eD«».    ijjg  services  a  compensation,  which  shall  neither  be  increased  nor 
diminished   during   the   period    for  which   he  shall    have  been 
elected ;  and  he  shall  not  receive  within  that   period   any  other 
emolument  from  the  Confederate  States,  <'r  any  of  them. 
Ml*  vMi..         ^  5071.     10.   Before  he  enters  on  the  execution  of  his  office,  ko 
shall  take  the  following  tiath  or  affirmation: 

"  I  do  solemnly  swear  {ov  affirm)  that  I  will  faithfully  execute 
the  office  of  President  of  the  Confederate  States,  and  will  to  the 
be*t  of  my  ability,  pre^erv-^.'.  protect,  and  defend  the  Coustitutiou 
thereof. 


APPENDIX. — Constitution  of  the  Confedebatk  Statf.6.      918^ 

Article  2. — Executive  I>Pt)rirtment. 


SECTION  II. 

§5072.     1.  T)ie  President  shall  be  coiiirnander-in-c-liiet'  of  the  prosidont  w 
army  and  navy  of  the  Confederate  State<.  and  of  the  militia  of  ^^^Jll^^^j^l' 
the  i^everal  States,  when  called  into  the  acnial  gervice  of  the  Con-ro^'^«- 
federate  States :  he  may  reqnire  the  opinion,  in  writing,  of  the 
principal  officer  in  each  of  the  Executive  Departments,  upon  any 
subject  relating  to   the  duties  of  their   respective  offices;  and 
he  shall  have  power  to  grant  reprieves  and  pardons  for  offences 
against  the  Confederate  States,  except  in  cases  of  impeachment. 

§5073.     2.  He  shall  have  power,  by  and  with  the  advice  andj^^^^  .^^ 
consent  of  the  Senate,  to  make  treaties,  provided  two-thirds  of  the  ♦i'^*- 
Senators  present  concur ;  and  he  shall  nominate,  and  by  and  with 
the  advice  and  consent  of  the  Senate,  shall  appoint  ambassadors, 
other  public  ministers  and  consuls,  Judges  of  the  Supreme  Court, 
and  all  other  officers  of  the  Confederate  States,  whose  appointments  ^r;^"'"'  •*' 
are  not  herein  otherwise  provided  for,  and  which  shall  be  estab- 
lished by  law ;  but  the  Congress  may  by  law,  vest  the  appoint- 
ment of  such  inferior  officers,  as  they  think  proper,  in  the  Presi- 
dent alone,  in  courts  of  law  or  in  the  heads  of  Dcpartinents. 

S  5074.  3.  The  principal  officer  in  each  of  the  Executive  De-  luaaavfO.  •• 
partments,  and  all  persons  connected  \\-ith  the  diplomatic  service, 
may  be  removed  from  office  at  the  pleasure  of  the  President. 
All  other  civil  officers  of  the  Executive  Department  may  be  re- 
moved at  any  time  by  the  President,  or  other  appointing  power, 
when  their  services  are  unnecessary,  or  for  dishonesty,  incapacity, 
inefficiency,  misconduct,  or  neglect  of  duty;  and  when  so  re- 
moved, the  removal  shall  be  reported  to  the  Senate,  together  with 
the  reasons  therefor. 

§  5075.     4.  The  President  shall  have  power  to  lill  all  vacan-  vawuoj,-*. 
oies  that  may  happen  during  the  recess  of  the  Senate,  by  grant- 
ing commissions  which  shall  expire  at  the  end  of  their  next  ses- 
sion ;  but  no  person  rejected  by  the  Senate  shall  be  re-appointed 
to  the  same  office  during  their  ensuing  recess. 


SECTION  III. 


§507(:>.  1.  The  President  shall,  from  time  to  time,  give  to  the  r,e.sijtat'» 
Congress  information  of  the  state  of  the  Confederacy,  and  re-''"'^'"'* 
commend  to  their  considei'ation  such  measures  as  he  shall  judge 
necessary  and  expedient;  he  may,  on  extraordinary  occasions, 
convene  both  Houses,  or  either  of  them ;  and  in  case  of  disa- 
greement between  them  witli  respect  to  the  time  of  adjournment, 
he  may  adjourn  them  to  such  time  as  he  shall  think  ])roper; 
he  shall  receive  ambassadors  and  other  public  ministers ;  ho 
shall  take  care  that  the  laws  be  faithfully  executed,  and  shall 
commission  all  the  officers  of  the  Confederate  States. 


98S       APPENDIX. — Constitution  of  the  Confederate  States. 

Ariicle  2. — Kxeciitive  Department 

SECTION  IV. 

offlcors  ro-       §  5077.     1.  TliG  President,  Vice  President,  and  all  civil  officers 
tTiMuch-^^  of  the  Confeflerate  States^,  shall  be  removed  from  office  on  im- 
oi«aju         peacliment  for,  and  conviction  of,  treason,  bribery,  or  other  high 
crimes  and  nii^demeanors. 


Jndlrlnl 
iM.  ^  I'l  nnd 

tll'lll-l-  of 


SKcnox. 

6078.  ConrtB  nnd  Judges. 

6079.  Jurisdiction. 

6080.  Of  fcsupremo  Court. 


ARTICLE  III. 

JUDICIAL  DKPARTMKNT. 

SEfTION. 

5081.  Trial  by  Jury. 

5082.  Treason. 
508.3.  Attainder. 


SECTION  I. 


§5078.  1.  Tiie  judicial  power  of  the  Confederate  States  shall 
be  vested  in  one  Sm»reme  Court,  and  in  pucIj  Inferior  Courts  as 
the  Congress  may  from  time  to  time  ordain  and  estal>li.sh.  The 
Judges,  botli  of  tlie  Supreme  and  Inferior  Courts,  sliall  hold  their 
offices  during  gooil  heiiavior,  and  hhall,  at  stated  time*,  receive 
f(U*  their  services  a  c(>in|tensati«in,  which  shall  not  be  diuiiuibhed 
during  their  continuance  in  office. 


SECTION  II. 

fnriRriirHon  §5070.  1.  Thc  judicial  powcr  sliall  cxtcnd  to  all  CRScs  arising 
-wxuni  i.i  ^j^j^j^^^j.  ^]jjg  Constitution,  the  laws  of  the  Confederate  States  ana 
treaties  made  or  which  shall  be  made  under  their  authority; 
to  all  cases  .iflecting  ambassadors,  other  public  ministers  and 
consuls;  to  all  cases  of  admiralty  and  maratime  jurisdiction;  to 
controversies  to  which  the  Confederate  States  shall  be  a  party; 
to  controversies  between  two  or  more  States;  between  a  State 
and  citizens  of  another  State  where  the  State  is  plaintiff";  be- 
tween citizens  claiming  lands  under  grants  of  different  States; 
and  between  a  State  or  the  citizens  thereof,  and  foreign  States, 
citizens  or  subjects;  but  no  State  shall  be  sued  by  a  citizen  or 
subject  of  any  foreign  State. 

^  5080.  2.  In  ail  cases  affecting  ambassadors,  other  public 
ministers,  and  consuls,  and  those  in  which  a  State  shall  be  a 
party,  the  Supreme  Court  shall  have  original  jurisdiction.  In 
all  the  other  cases  before  mentioned,  the  Supreme  Court  shall 
have  appellate  jurisdiction,  both  as  to  law  and  fact,  with  such 
exceptions,  and  under  such  regulations,  as  the  Congress  shall 
make. 


WliPthpf 
©riirlnil  or 


APPENDIX. — Constitution  of  the  Confedkratk  States.      989 

Article  3. — Judicial  Department. 

§  5081.     3.  The  trial  of  all  crimes,  except  in  cases  of  impeacl)-  thbi  by ju- 
ment,  sliall  be  by  jury,  and  such  trial  sliall  beheld  in  tlie  State '^^' 
where  the  said  crimes  shall  have  been  committed  ;  but  when  not 
committed  within  any  State,  the  trial  shall  be  at  such  place  or 
places  as  the  Congress  may  by  law  have  directed. 


SECTION  III. 

§5082.     1.  Treason  against  the  Confederate  States  shall  con-Treft«oa, 
sist  only  in  levying  war  against  them,  or  in  adhering  to  their 
enemies,  giving  them  aid  and  comfort.     Xo  person  shall  be  con- 
victed of  treason  unless  on  the  testimony  of  two  witnesses  to  the 
same  overt  act  or  on  confession  in  o])en  court. 

§  5083.  2.  The  Congress  shall  have  power  to  declare  the  pun- ^^jjjjj^_ 
ifihment  of  treason,  but  no  attainder  of  treason  shall  work  cor- 
ruption of  blood,  or  forfeiture,  except  during  the  life  of  the  per- 
son attainted. 


ARTICLE  IV. 


RELATIVE  RIGHTS  OF  TIIK  STATEa 


Siccrtos. 
5084.  Acts  and  records  of  Ptatea 
6085.  Citizens  of  different  States. 
M86.  Fugitives  from  Justice. 
5087.  From  service. 


Fection. 

5088.  Other  States  admitted. 

5089.  Power  over  property. 

5090    Territories  of  Confederate  Statea 
5091.   Republican  Government. 


SECTION  I. 

§5084.     1.  Full  faith  and  credit  shall  be  given  in  each  State  Art.nndr<* 
to  the   public  acts,  records,  and  judicial  proceedings  of  every  "•'""' ^» 
other  State.     And  the  Congress  m'ay,  by  general  laws,  prescribe 
the  manner  in  which  such  acts,  records  and  proceedings  shall  b& 
proved,  and  the  efiect  thereof. 


SECTION  II. 


§  5085.     1.  The  citizens  of  each  State  shall  be  entitled  to  all  cinzcn'spiv 
the  privileges  and  immunities  of  citizens  in  the  several  States,  "^'^k** 
and  shall  have  the  right  of  transit  and  sojourn  in  any  State  of 
this  Confederacy,  with  their  slaves  and  other  property,  and  the 
right  of  property  in  said  slaves  shall  not  be  thereby  iiiipaired. 

§  5086.     2.  A  person  charged  in  any  State  with  treason,  felony,  F.KdtWM 
or  other  crime  against  the  laws  of  such  State,  who  shall  flee  from '''""*  J"*"** 
jistice,  and  be  found  in  another  State,  shall,  on  demand  of  the 


l^^d       APPEJSDIX. — CoNSTiTunoN  of  the  Confederate  States. 


5'roiB  itr- 


Article  4. — Relative  Rinrhta  of  the  States. 


Executive  authority  of  the  State  from  which  he  lied,  be  delivered 
up,  to  l>e  removed  to  the  State  having;  jurisdictiou  of  the  crime. 
§.5087.  o.  No  slave  or  other  person  held  to  service  or  InUor 
in  any  State  or  territory  of  the  Coufcdenite  States,  under  the 
laws  thereof,  cscapinjy  or  lawfully  carried  into  another,  shall,  in 
cunsc(]uen('A'  of  an}  law  or  rcgiilation  therein,  l»c  di^char>;ed  from 
such  t-ervice  or  labor:  but  shall  be  delivered  up  on  claim  of 
the  party  to  whom  such  slave  belonn^s,  or  to  whom  such  service 
(»r  labor  mav  be  due. 


Othfr  St«to^ 
«.dinllU'<l. 


J'«w«-r  •Tcr 
;.r»j>«rty. 


lifpiiWIr^n 


SECTION   111. 

§  50SS5.  1.  Other  States  n]ay  be  admitted  into  this  Confed- 
eracy by  a  vote  of  twu-lhirds  of  the  whole  House  of  Representa- 
tives, and  two-thirds  of  the  Senate,  the  Senate  votinj'  by  States; 
but  no  new  State  shall  be  formed  or  erected  within  tlic  jurisdic- 
tion of  any  other  State;  nor  any  State  be  formed  by  the  junction 
of  two  or  more  Stsites,  or  parts  of  States,  without  the  cout-ent  of 
the  Legislatures  of  the  States  concerned  as  well  as  (»f  the  Conj^ross. 

$J  r)0S9.  2.  The  Congress  shall  have  power  to  dispose  of  and 
make  all  needful  rule-*  and  reojulations  c»meernin^  the  proj>ertj 
of  the  Confederate  States,  includinjx  the  lands  thereof, 

ji  i)0[)^^.  3.  The  Confederate  States  may  acquire  new  territory ; 
and  C/on;x'*e>s  shall  have  power  to  legislate  and  provide  fjovern- 
ments  for  the  inhabitants  of  all  territory  belon^in;.;  to  the  Con- 
federate States,  lyin^  without  the  limits  of  the  several  States; 
and  may  permit  them,  at  such  times,  and  in  such  manner  ;id  it 
may  by  law  provide,  to  form  State-  to  be  admitted  into  tlie  Coii- 
fedirafV.  lu  all  such  territory,  the  institution  oi'  ne^To  ^la\^;^v, 
as  it  now  exist.-  in  the  Confe<lerate  Stato,  shall  be  recof:nized 
and  i)roteeted  by  ('onpvss,  an<l  bv  the  territorial  jrovernment ; 
and  the  inhabitants, of  the  several  Conteilerate  State^  and  Terri- 
tories hhall  have  the  ri^rht  to  take  to  sueh  territory  any  slavet 
lawfully  held  l)y  them  iti  any  of  the  State)-  <»r  Territorie*  ot"  the 
Confederate  States. 

§501H.  4.  The  Confederate  States  shall  guaranty  r(»  every 
State  that  now  is,  or  hereafter  may  become  a  member  of  thi^ 
Confederacy,  a  repul)lican  form  of  ojovernment,  and  shall  pro- 
tect each  of  them  aijainst  invasion ;  and  on  application  of  the 
Leirislature,  (or  of  the  E.xeeutivc  when  the  Legislature  is  not  in 
session.)  against  domestic  violence. 


APPENDIX. — (JoNS'irruTioN  of  iin:  < ,. iKFKnERATE  Statks.        'i'i 
Article  6. — Amendmenis — liuw  mado. 


ARTICLE  Y. 


AMKNDMKNTS 


W  MAIiF. 


Spnriox  rj002.  Ainoiidmcni.-.     how  nui.ie. 

SECTION  I. 

§5002.  I.  Upon  the  demand  of  unv  vhrc-  Srafr^s.  l.-^jirriliy  ma  Amcnd- 
f^embled  in  their  several  conventions,  the  Cooirre.ss  sliali  -nnvnon  Xwt^''*"' 
a  convention  of  all  tlie  States,  to  take  into  consiilerHtjnn  such 
amendments  to  the  Constitution  a?  the  said  States  j^IihII  ci.ncnr 
in  susrtrestini!:  at  the  time  when  tlie  said  demand  is  n)ade  ;  an<i 
slionld  any  of  the  pr«»posed  ameiidinents  to  the  (>)nstitiirion  bo 
agreed  on  hy  tlie  said  convention — voting  by  States  —and  the 
same  be  ratified  by  the  Legislatures  of  two  thirds  of  tlie  i*everal 
States,  or  by  conventions  in  two  tiiirda  thereof — as  the  one  or 
the  other  mode  of  ratification  may  be  ])roposed  by  the  general 
convention — they  shall  thenceforward  form  a  part  of  this  Con- 
stitution. But  no  State  shall,  without  its  consent,  be  de{)rived 
of  its  equal  representation  in  the  Senate. 


ARTICLE  VI. 


MrSCHlLLANEOUS   PROVISION.^. 


Pectton'. 
5093.  The  Oovornmi^nt. 
fi094.  Prior  dcbtf. 
509.1.  Siiprcini'  laT\-. 


Sectiox. 
5096.  Oath  of  oiric-crs. 
.5097.   Kniimcration  of  rights. 
5098.   Rifrlits  reserved. 


§5093.     1.   The  (Tovernincnt  establislied  by  this   Constitution  .i,,^Q„ve,.„ 
is  the  su(;cessor  of  the  Provisional  Govcjrnment  of  the  C-onftKle- ","'"^''>' ^'^'^ 
rate  States  of  America,  and   all  the  laws  passed   bv   the   latter   """    " '"" 
shall  continue  in  force  until  the  same  shall  lie  repealed   or  mod- 
ified ;  and  all  the  officers  appointed  by  the  same  shall  remain  in 
office  until  their  successors  are  appointed  and  qualified,  or  the 
offices  abolislu^d. 

^oODL     2.   All  del)ts  contracied  and  engagements  entered  in-  ivicr  .fcWv 
to  i)efore  the   adoption   of  this  Constitution   sliall   be  as   valid 
against  the  Confederate  States  under  this  Constitution  as  under 
tlie  Provisional  Government. 

§5095.     3.  This  Constitution,  and  tlie  laws  of  the   Confcde-TheM.iH«in» 
rate  States,  made  in  pursuance  thereof,  and  all  treaties  made,  or  j*^^"^ '*" 
which  shall  be  Jiiade  under  the  authority  of  the  Confederate 
States,  shall  be  the  supreme  law  of  the  land  ;  and  the  Judges  in 
every  State  shall  be  bound  thereby,  anything  in  the  Constitution 
or  laws  of  any  State  to  the  contrary  notwitlistanding. 

§5090.      4.    The  Senators  and  Representatives  before   men- oath  t«  w^ 
tioned,  and  the  members  of  the  several   State  Legislatures,  and  ^;;'tl,rto*i?**" 


953       APPENDIX, — Constitution  of  the  Confederate  States. 

Article  G. — Miscellaneous  Provisions. 

all  executive  and  judicial  oflicers,  both  of  the  Confederate  States 
and  of  the  several  StatesJ,  shall  be  bound  by  oath  or  atKrination, 
to  support  this  Constitution  ;  but  no  reh'gious  test  shall  ever  be 
required  as  a  qualification  to  any  office  or  public  trust  under  the 
Confederate  States. 
Bnntnera-  ^  5097.  5.  Tlic  enumeration,  in  the  Constitution,  of  certain 
iwnofng  u  j.jg],^g^  g|jj^]l  j^jjj.  |,y  construed  to  deny  or  disparage  others  retained 

by  the  people  of  the  several  States. 
Pt^ert  r«-       §  5098.     G.    The  powers   not  delegated   to   the   Confederate 
*•"*'*•        States  by  the  Constitution,  nor  prohibited   by  it  to  the   States, 
are  reserved  to  the  States,  respectively,  or  the  people  thereof. 


ARTICLE  VII. 

RATIFICATIONS. 


P«cmow. 
6099.   HatiliaUion'^. 


Section. 
5100.  Ratification  bj  flvo  States. 


KotifiMtton.  §5099.  1.  The  ratification  of  the  conventions  of  five  States 
ehall  be  suthcient  for  the  establishujent  of  this  Constitution  be- 
tween the  States  so  ratifying  the  same. 
wi»enr»ti-  §5100.  2.  Wiien  five  States  shall  have  ratified  this  Constitn- 
•uw'  "''tion,  in  the  manner  before  specified,  the  Congress  under  tlie 
Provisional  Constitution,  shall  ])rescribe  the  time  for  holding 
the  election  of  President  and  Vice  President;  and,  for  the  meet- 
ing of  the  Electoral  College  ;  and,  fur  counting  the  votes,  and 
inaugurating  the  President.  They  shall,  al.->o,  prescribe  the  time 
for  holding  the  first  election  of  mcmkers  of  Congress  under  this 
Constitution,  and  the  time  for  a:?seml»ling  the  same.  Until  the 
assembling  <.>f  such  Congress,  the  Congress  under  the  Provisional 
Constitution  shall  continue  to  exercise  the  legislative  powers 
granted  them  ;  not  extending  beyond  the  time  limited  by  the 
Constitution  of  the  Provisional  Government. 

Note. — The  following  is  ihc  order  iu  which  the  several  States  seceded  from  ih» 
United  States,  to  wit : 

South  Carolina  on  the  20th  day  of  December,  1860. 
Mississippi  on  the  9th  day  of  January,  18G1. 
Alabama  on  the  lllh  day  of  January,  1861. 
Florida  on  the  11th  day  of  January,  1861. 
Georgia  on  tlie  19th  day  of  January,  1801. 
Louisiana  on  the  26th  day  of  January,  1861. 
Texas  ou  the  1st  day  of  February,  1861. 
Virginia  on  ihe  17th  day  of  April,  1861. 
Arkansas  on  the  6th  day  of  May,  1861. 
North  Carolina  on  the  20ih  day  of  May,  1861. 
Tennessee  on  the  8th  day  of  June,  1861. 
UiBsouri  on  the  5th  day  of  August,  1861. 


MISCEI.LANEOUS   PROVISIONS. 


5110.  Tax  Fi.  Fa.,  fee  for  issuing. 

51 11.  Fees  for  levying  tax  Fi.  Fii. 

5112.  May  issue  garnishment. 

5113.  Proceedings  on  garnishment 

5114.  Persons  subject  to  pay  tax. 

5115.  Xo  Judicial  interference. 
511G.  Trover — amendmcut.s. 

5117.  Verdict  in  Trover— Pm;  may  bclocl. 


Section-. 

5101.  Distres.s  warrants  iiow  obtained. 

5102.  Must  be  levied  l»y  Sheriff— when. 

5103.  Property  may  be  replevied. 

5104.  Claim  to  property  distrained. 

5105.  Oath  of  Bailiff,  to  Grand  Jury. 
5 IOC.  Special  and  Petit  Juries. 

5107.  Bunds  of  Sheriffs — how  sued. 

5108.  Tax  Receiver  and  Collector. 

5109.  Bonds  to  be  given  annually. 

§5101.  Aiiv  person  who  may  have  rent  due,  when  the  sum  Distress 
does  not  exceed  $5(»,  may,  himself,  his  agent  or  attorney,  makeiK™btain 
apphcation  to  any  Justice  of  the  Peace,  within   the  District '^''• 
where  his  tenant  may  reside,  or  wliere  liis  property  may  l)c, 
found,  and  obtain  from  such  Justice  a  distress  warrant  for  the  I'^ndpaVhis 
sum  claimed  to  be  due,  on  the  oath  of  the  principal,  his  a-ent  orSy-sut 
attorney,  m  writing,  for  the  said  rent,  which  may  be  levied  by  ^'''°*- 
any  Constable  duly  qualified,  on  any  property  belonging  to  the  ^ndcy  $50 
said  tenant,  whether  found  on  the  premises  or  elsewhere  who  ^^y'^"'  i'- 
shall  advertise  and  sell  the  same  as  provided  in  case  of  levy  and  conViie." 
sale  imder  execution. 

_    §  5102.  Wlien  any  distress  warrant  shall  issue  for  a  sum  exceed-  over$.50may 
mg  ,S5(,),  it  shall  be  levied  by  the  Sheriff  of  the  county  or  his  u^e'sl/^tt; 
Ucputy,  and  advertised  and  sold  as  provided  in  cases  of  other  ^'^""^y- 
executions. 

§5103    The  pa.rty  distrained  may  in  all  cases  replevy  the  prop-  i-ropcrtv  ic- 
erty  so  distrained,  by  making  oath  that  the  sum  or  some  part^'^jT^e 
tlicreot  distrained  lor  is  not  due,  and  give  security  for  the  eventual  p'°^''<"'1- 
condemnation  money ;  and  in  such  case  the  levying  officer  shall 
return  the  same  to  the  Court  having  cognizance  thereof,  which 
shall  be  tried  by  a  jury  as  provided  for  the  trial  of  claims. 

§ 5104.  When  property  distrained  may  be  claimed  by  a  third oini.ns-how 
person  the  same  shall  be  claimed  on  oath  and  bond  given  as  re-indS*^ 
quired  m  cases  of  other  claims,  which  shall  be  retunied  and  tried 
as  provided  by  law  for  the  trial  of  the  right  of  property  le\-ied 
upon  by  execution. 


N0TE.-See  Landlord  and  Tenant.  Part  2,  Title  5,  Chapter  5.  Page  43(;.     Tenant.- 
Jiolduig  over  see  Part  3.  Title  21,  Cliaptcr  1,  Article  2   Pa^-e  768 

6a 


994  MISCELLANEOUS  PROVISIONS. 

i?ff t'o^th^"'       §  5105.  The  following  oath  shall  be  administerGd  to  all  l^ailiffs 
(jrandJury.  attending  (rrand  Juries,  to-wit :  You  do  solemnly  swear  that  you 
will  diligently  attend  the  (irand  Jury,  during  the  present   term, 
and  carefully  deliver  to  that  body  all  sut-h  hills  of  indictment,  or 
other  things,  as  shall  be  sent  to  them  by  the  Court,  without  al- 
teration, and  as  carefully  return  all  eucn  as  shall  be  sent  by  that 
body  to  the  Court,  so  help  you  God. 
(>«thofi!aj-      §5106.  The  following  oath  shall  be  administered  toallTJailifTs 
liff'stahing  g'vvorn  to  take  charjjre  of  special  and  ])etit  I'uries  in   the  Superior 

chargo  of  ^      .      •         /•  i  •    i   •   f  •  A'  in        i         i  •     • 

special  ami  or  Inicrior  Courts,  ot  this  otate,  to-wit :  i  ou  sliall  take  tins  jury, 
pouijuries.  ^^j  ^ij  ^.j^j^gpg  committed  to  your  charge  during  the  present  term, 
to  the  jury  room  or  some  other  private  and  fonvcnient  place, 
where  you  shall  keep  them  without  moat,  drink,  or  lire,  candle- 
light and  water  only  excepted  (unless  otherwise  directed  by  the 
Court.)  Vou  shall  not  speak  to  them  yourself,  nor  sutler  others  to 
speak  to  them,  unl'^srr*  it  ho  by  leave  of  the  Court  to  a>-k  them  if 
they  have  agreed  on  a  verdict  or  are  likely  to  agree.  All  this 
yoii  shall  do  to  the  best  of  your  skill  and  ])ower  so  lielp  you 
(iod. 
iiondsof  §5107.  The  bond  required  of  Sheriffs,  their  deputies,  and  con- 

.Hhd  MK-nff-s  f^tablcs.  as  ])rovi(led  in  section  three  hundred  and  twenty-four  and 
"'•v^'"  «"^<>  lour  hundred  and  Ibrtv-live,  mav  be  sued  on  for  the  satisfaction 

without  nn         ,  ••  ^  •  .  ,     .      ,  .  .   , 

..rdorof       oi  the  }»ublic,  or  l»y  any  p»?rsou  aggrieved,  in  his  own  name,  with- 
out any  order  of  Court  for  that  jnirpose,  lor  the  misconduct  of 
the  Sheriff,  hi.x  deputy,  or  jailor,  or  such  Constable  as  tlie  case 
mav  be. 
^^»sEec.lT-      §5108.  Section  840,  841,  851  and  852,  of  this  Code,  are  snper- 
wi'rMoiV  ceded  by   the  Act   of  1800,  and  the  following  adopted  in  lieu 
.M.M^udfor  -tinji-i^^.f  ty..^^it :  The  receiver  of  Tax  relurns  and  Tax  collector  in 
and  for  the  several  counties  of  this  Stale,  shall  l>e  elected  on  the 
lii-st  Wednesday  in  January,  in  the  year  1S(;2,  and  every  second 
year  thereal'ter,  and  shall  be  commissioned  by  the  (Governor  for 
the  term  of  two  years,  and  in  case  of  vacancies  in  said  offices,  the 
same  shall  be  lilled  as  jirovided  in  relation  to  other  county  offices, 
uondnnd*.-      §5109.  The  bouds  of  receivers  of  Tax  returns,  and  Tax  collec- 
i^To^nwuu-  tors,  shall  be  given  with  security  annually  as  now  required  by 
•)!'>■• ,  ^       law,  as  to  collectors  ;    and  should  it  become  necessary  for  the 
may  b.  n  Comptroller  (Tcneral  to  impose  a  unc  ujion  the  receiver  oi   lax 
n^icTct  of  liu  returns,  Ibr  neglect  or  unfaithful  performance  of  duty,  the  (tov- 
^^'  ernor  may  declare  the  office  of  Receiver  of  Tax   returns  vacant, 

yacand.9-  ^nd  sucli  vacaUv-y  shall  be  lilled  as  provided  in  the  preceding 

how  filled.  .  •'  A  i  o 

section. 
roUei'.org         §  511(».  Tax  Collectors  in  the  several  counties  of  this  State  shall 
KSf/!!"  be  allowed  the  sum  of  lifty  cents  for  each  Ji.  fa.  issued  by  them 
respectively  for  the  collection  of  State  and  county  Taxes,  to  be 
included  in  such  ji.  fa.  and  paid  by  the  defendant. 

§  5111.  The  Sheriff  or  Constable  (as  the  case  may  be)  shall  be 

XoTE. — For  Bailifl")'.  se<?  Part  1.  Title  ti.  Chapter  8.  Article  2.  Pa.L'e  97. 
Nom. — For  the  law  in  relatiou  to  SherifTs  and  their  deputies,  seo  Part  1.  TitJe  r>. 
riiapter  6.  Page  75. 


MISCELLAXEOrS  PROVISIONS.  99^ 

entitled  to  the  same  fees  for  levyinL%  advertising  and  selling  nncler,^,^^.'!*j^''''.^_ 
Tax  Executions,  as  provided  by  law  in  cases  of  Executions  at.''./"- 
common  law  ;  but  no  Tax  Collector,  Sheriff,  or  Constable,  shall  unifsscriiec 
receive  costs  on  any  Tax  Execution,  unless  the  same  be  <*ollected  ^,'|j'}p^°j3°^5 
from  the  defendant. 

§5112.  AVhen  anv  Tax  Collector,  can  find  no  propertv  of  the  ^ax  collector 
defendant,  on  which  to  levy  any  Tax  Execution  in  his  hands,  it  );i.nusbuitnt 
shall  be  his  duty  to  make  an  entry  to  that  effect  on  said  Execu- 
tion ;  and  such  Tax  Collector,  may  then  issue  summons  of  gar- 
nishment against  any  person,  whom  he  may  believe  is  indebted  to 
the  defendant,  or  who  may  have  property,  money  or  effects  in  his '{,'Jj'^.^f^n^d 
hands,   when  said  summons  of  garnishment  shall  be  served  by 
the  Tax  Collector,  the  Sheriff,  liis  deputy,  or  any  Constable  of 
the  county  in  which  the  garnishee  may  reside,  at  least  15  days 
before  the  setting  of  the  Court  to  which  the  same  is  made  re- 
turnable, and  returned  to  the  Superior  Court  of  the  county  for 
which  he  is  Tax  Collector. 

§5113.  Said  Tax  Collector  shall  enter  on  said  Execution  the  P'-»^:»^''i!ne8 

>    ,  'Til  •  1     i-i  •  •"  <»arni6n- 

names  of  tiie  })ersons  garnislieed,  and  return  saicl  Ji^xecution  foment, 
said  Superior  Court,  and  all  the  subseciuent  proceedings  shall  be 
the  same  as  now  provided  by  law  in  relation  to  garnishments  in 
other  cases,  when  judgment  has  been  obtained,  or  Execution 
issued. 

§  5114.  It  shall  be  the  duty  of  the  Justices  of  the  Peace,  in  the  persons  sub- 
several  Captains'  Districts  in  this  State,  to  make  returns  to  the  lax*  to  b*^ 
Receiver  of  Tax  returns,  of  all  persons  liable  to  pay  Taxes,  in  re!;"["^?r  b^ 
their  respective  Districts,  on  or  before  the  first  day  of  May,  in  j'[*/^p^^^^ 
each  and  every  year,  and  if  there  is  no  Justice  of  the  Peace  for  andir none 
the  District,  it  shall  then  be  the  duty  of  the  Road  Commissioners  rommus^on^ 
to  make  such  return  nnder  the  foregoing  provisions  as  are  recpiir-  ''"■ 
ed  of  Justices  of  the  Peace,  by  the  said  first  day  of  May,  in  each 
and  every  year. 

§5115.  Xo  replevin  shall  lie,  or  any  Judicial  interference  be  ^'"  •'"""<^'"i 

IT-  1         ^  T  ,.     '  m  "^1  1  •    •  £'  .  1  •     interference 

fiad,  m  any  levy  or  distress  for  laxes  under  the  provisions  of  this  to  be  had. 
Code,  but  the  party  injured  shall  be  left  to  his  proper  remedy  in 
any  Court  of  law  having  jurisdiction  thereof. 

^5116.  When  any  suit  or  action  is  pending  in  any  Court    of^^^g^^^^^'J* 
law  or  Equity  in  this  State  for  the  recovery  of  personal  property,  property, 
the  issue  of  said  property,  born  or  to  be  born,  or  accruing  after  ajiowed  to 
the  commencement  of  such  suit  or  action,  may  be  recovered  in  H^^c^^  *^^ 
such  suit  or  action,  and  it  shall  be  the  duty  of  the  Court,  to  allow 
the  declaration  or  bill  to  be  amended  at  any  stage  of  the  proceed- 
ings so  as  to  include  such  issue. 

§  51lt,  It  shall  be  at  the  option  of  the  plaintiff  in  an  action  to  "t't^rdict  in 
recover  personal  property,  to  say  upon  the  trial  thereof,  whether  plaintiff  may 

Note. — For  commissions  of  Tax  Collectors  and  Receivers,  see  Section  492  and  8.60. 
By  the  Act  of  1S61,  the  otlices  of  Tax  Receiver  and  Collector,  are  consolidated,  and 
the  duties  thereof  to  be  discharged  by  one  officer  to  bo  styled  Tax  Receiver  and  Col- 
lector. 

Note. — For  amendments  generally,  see  Pai't  3,  Title  .3,  Chapter  2,  Page  610. 


for 


996  MISCELLANEOUS  PROVISIOXS. 


be  will  accept  an  alternative  verdict  for  the  property  or  its  value; 
or  whether  he  will  demand  a  verdict  for  the  damages  alone,  or 
for  the  property  alone,  and  its  hire,  if  any ;  and  it  shall  be  the 
duty  of  the  Court  to  instruct  the  jury  to  render  the  verdict  as  the 
plaintiflf  may  thus  seloct. 

XoTE— For  verdict,  see  Part  3.  Cliapter  1.  Article  1.  Page  654. 


INDEX. 


4^  This  Code  is  indexed  by  sections.  The  notes  nnder  each  title  in  the  Indes  are  nnmbcm'd  1.  2,  3,  .fee.  Ref- 
erences are  made  to  these  numbers  and  not  to  the  sections  of  tlie  book.  Thus,  .i  reference,  "  se^  County  Tax  1,"' 
refers  to  number  1  nnder  the  head  of  Connty  Tax,  and  not  to  any  section  of  the  book.  The  plan  of  the  Indes  is 
the  same  as  that  of  T.  R.  R,  Cobb's  new  Digest  of  the  La^rs  tf  Georffia,  oxcept  th.at  this  Index  refers  to  Sections 
and  his  to  Pages. 


Abatement  of  actiox. 

1  Actions  for  tort  do  not  abate — wlicn  2909 

2  Deatli  of  parties — no  abatement 3371 

3  Nor  removal  of  executor 3372 

4  Nor  death  of  one  administrator. ...   3373 

5  Nor  of  co-defendant 3374 

6  Nor  when  some  not  liable 3375 

7  Actions  af,^ninst  Sheriffs  survive. . .  .   3376 

8  Suggestion  of  death 3377 

See  co-ohligors  and  promisors — parties. 

Abducting  Seamen. 

1  Punishment  for 1499 

Abductinc;  or  Harboring  AVife.. 

1  Husband's  right  of  action  for 2949 

Academies. 

1  Trustees  of— how  appointed 1184 

2  Vacancies — liow  filled 1185 

3  Authority  of  Trustees 11 86 

4  Schools — how  incorporated 1187 

5  Liability  of  holders  of  funds  of 1188 

Academy  for  the  Bund. 

1  Location  and  control  of 1100 

2  Trustees,  a  body  corporate 1161 

3  Power  of  Trustees 11G2 

4  Indigent  pupils 1163 

5  Apportionment  of  applicants 1164 

6  Preference  of  applicants 1165 

7  Pay  pupils,  how  received 1166 

8  Treasurer  shall  give  bond 1167 

9  Annual  report  of  Trustees 1 1 68 

10  Board  of  Visitors — their  power  and 
duties 1169,   1170 

11  Vacancies  in  l^oard  of  trustees 1171 

12  Statistics  of  blind — how  obtained. .  .    1172 

13  List  of  indigent  blind 1173 

14  Former  laws,  still  of  force 1174 

Academy  for  the  deaf  and  dumb. 

1  AVhere  located,  and  how  managed.  .   1175 

2  Residence  of  trustees.' 1176 

3  Principal — how  elected,  and  to  whom 
responsible 1177 

4  His  authority  and  duties 1178,  1179 

5  Board  of  visitors 1180 


6  Contracts — how  made 1181 

7  Vacancy  in  board  of  trustees 1182 

8  Other  provisions  relative  to 1183 

Accessories. 

1  DefiriitioH,  kinds,  punishment4205  to  4210 

2  After  the  fact  to  felons 4384 

Accident  and  mistake. 

1  What  is  accident 3045 

2  Lost  bonds  and  notes 3046 

'■)  Reformation  of  deeds 3047 

4  Rule  for  construing  conditions 3048 

5  Relief  of  volunteers 3049 

6  AVhat  is  mistake 3050 

7  Parol  evidence  of  mistake 3051 

8  Against  whom,  relief  granted 3052 

'.)  Mistakes,  of  fact  or  law 3053 

10  No  relief  against  ignorance  of  law..  3054 

1 1  Mistakes  of  law  by  parties 3055 

1 2  By  draftsman  or  agent 3056 

13  ;>iistakc3  of  fact 305.S 

14  Negligence — concealment .3059 

15  Mutual  ignorance,  kc 3060 

l(j  Reformation  of  cen tracts 3057 

17  In  execution  of  power 3061 

18  Setting  aside  judgment* 3062 

Accord  and  satisfaction. 

1  What  it  is 2819 

2  Effect  of — when  not  an  extinsruish- 

ment 2820 

.3  Must  1)6  of  Ijcnelit  to  creditor 2821 

4  Agreement  to  take  less  than  tlie  debt  2822 

5  Compromises 2823 

6  In  cases  of  tort 2986 

7  Compounding  felony 29S7,  4385 

Account. 

1  Ktiuity,  jurisdiction  over  matters  of.  .  3063 

2  Mingling  goods 3064 

3  Contribution 3065 

4  Discharge  of  incumbrances 3066 

5  Apportionment 3007 

6  Surcharging  and  falsifying 3068 

7  Offer  to  pay  ballance  unnecessary. .  .  3069 


998 


INDEX. 


8  Appointmout  of  auditor HOTO  ' 

9  KUect  of  auditors'  report 3071 

10  Equitable  sel-otT 3072 

Accused  ; 

1   Constilutioual  riglits  of 4S98  I 

Actions  i 

1   licmc'dy  for  every  riKht 3174,  4897  ! 

'1  Mi-ans  of  enforciug  ri^cht9 3176  | 

3  DistinctioDH  of  aboliiilu'd 3176  I 

4  Civil  action,  dofiiK-d ."1177  I 

5  Penal  actions — jjartics 3178 

C  Demand — when    necessary 3179 

7  Misjoinder  of  actions 3180 

8  By,  and  against  whom  brought  3181,   3182 
'•^  Tenant  in  common,  may  sue  alone.  .   3183 

10  DaU'S.  figures,  initials 3184 

11  "W'liaf  claims  may  l>o  joIikmI 3186 

1-  Scpamtc  claims  cannot  l>e  joined. ..  .   3186 

13  Suits  by  iiil.ints 3187 

II  Coinineno-ment  of 3215.  3246 

l.^>  Must  include  all  broaclios  of  a  contract  2880 
IG  Hy  widow  and  children,  lor  homicide 

of  husbuud  or  parent,. .  .2913.   2945,  2946 

2941 

17  When  actions  for  tort,  die  willi  tlu? 
person •. .  . .   2990 

18  WliiTe  to  Ix'  brought,  when  defend- 
ants reside  in  di)Ter<Mit  j-oiinlies 3260 

19  Against  surviving   joint  obligrtr    or 

partner 3261,  3262 

20  SviuTc  some  arc  («errod,  and  others 

iK.U 3203 

21  Judgment  in  such  ca^es 3264 

22  Wliere  one  ilefendant  pleads  infancy,  3266 

23  Against  maker  and  endorser, 3266 

24  On  atliichmeiit  bonds, 3267 

25  Against  corjwrnlions 3279 

20  Mwie  of  serving  corporations  must 

Iw  sixvillod, 3281 

27  Si^rvicv  by  publication, 3282 

28  Noticv  to'  «t<vkholders 3283 

2D  Judgment  and   execution 3284 

30  Names  of  stockholders — how  obtain- 
ed.   .1285 

31  Kxecut ion  against  President 3285 

32  Who  m.iy  defend  in  sudi  cases 3286 

33  Illegality 3287 

34  C-.mndative  n>medy 3288 

35  May  be  dismissed  at  any  time 3380 

3G  I  >i.'lx>nds  of  administrators, 329.'>,  3296 

37  (Ml  lost   papers 3890 

38  Over  not  demandable 3891 

39  Agiiinst  State    WomX 898.      899 

40  Fit  i»ersona4ity,  amendable  so  as  to 
include  issue  born  jn^iding  fcuit, ....   5117 

See  Ahatrmmt  of  action:  K/fctment :  Par- 
titt :  Pttition  and  process  :  I  'ntue  ;  Pltod- 
infl. 

AnJOlRNMKNTs 

1  Of  Inferior  Courts 3H>8.  8169 

2  Of  Inferior  Courts  for  county  pur 


jV^Si'S 


4023 


3  Of  the  Superior  Courts 31t>4,  3H;.j 

oltM"..  .'ilf.T 

4  Ot  the  Suj^reme  Court 31.V.I.  :;i<JU 


AOMISI.'^TEATION  OK  AsSKTS. 

I  Assets,  how  di:itributed  in  equity,  3073 
•2  "Whore    partly    legal  and    partly 

equitable '  3071 

3  Interfering   witii  administration,  307o 

4  Bills  for  direction 3070 

6  Bills  to  marshall  assets 3077 

6  Election  in  such  case 307^ 

7  Creditors'  bills 3070 

8  R.cei  vers  duty 3080 

0  He  is  responsible  to  the  Court,.  ..  3081 

10  Mi>-aj»j.lying  trust  assets 3082 

11  Trariiig' a^-^ets 8083 

12  Creditor  may  reach   equitable  hb- 

8Pt> '. 3084 

18  Joint,  and  individual  assets, 308A 

Adjiimstratiok  or  Estatks. 

1  AVho    lakes,     when    Ordinary    it 
ihrk  of  Superior  Court '. . . .     304 

2  By  whom  granted 300 

3  ^Vh.•r.•  granted 308,   309 

4  TciniM-rary  btters 24r»<J 

r>   Letters  p'endmlf  Uu 2467 

r«    Ih  bonis  non 2468 

7  With  will  anm-xed 24'>9 

8  Who  may  take-  letters 2460 

9  Kules  f»»r  granting 2401 

10  Cl.rk  tak.'s  letlrrs— when 2402 

I I  Survivori>hip  amongst  administra- 
tors   2463 

12  May  l>e  |;mnt<Hi  t<»  others,   than 

party  citinc 2464 

Si^c  Admintstrators  ;   Desetnt ;   Distribution 
of  Kstatu  ;  Heirs  at  Law. 

AUMIMsTRATOKS. 

1   T.iiii"'r*ry 24f>tt 

■2  Pru.irnie  UU 2467 

;»  l)e  /x/iii-x  non, 2458 

4    Witii  the  will  Mlinexed,    2469 

T)  Citizens  only  ^-qualified 2460 

1      0  Rule*  for apiKiinling, 2401 

I      7  Clerk  shall  bo— when 2402 

8  Small  e.-tates,  need  none, 2402 

9  Survivorship  among 2403 

10  N<'<-<I  not  be  the  p<-r.«on  citing,...  24«'>4 

11  Application — where  niude 240.') 

12  Citation 240»; 

13  Oath   ..f. 2407 

14  Their  l>.)nd 2408 

l.i  Bond  to  be  recorded  and  filed.. . .  2409 

ir,  Siii;     II  iM.iid  of, 2470 

17  ^  -how  iK^ued 2471 

18  1  :i6  to  euretius,., 2472 

19  Jojiii  houds, 2473 

20  Proct-eding  against  delinquenU.,..   2474 

21  Removed  administratoirs— liability 

of  their  suretit* 2475 

22  Revocation   of  letters,   no  abate- 
ment <jf  suits, 2476 

23  Rtmoval  of  one.  of  several 2477 

24  Shall  account   with  heirs.  &.c.,.  . .   2478 

2.'»  Inventory  and  appraisement, 2479 

20  How.  and  when  made  hnd  ret»;ir- 

ed, -in  248] 


INDEX 


999 


*J7    W  hat  It  must  contain 2482  j 

•jrs  .Toint  i-.ivcntory, -^^"  i 

•J'.l  Onth  of  ny>prfl5«frs '24i<i  i 

;;0  Keturn  of  appraisers '248o  j 

31   Nf'trlc'jt  of  administrator— rcino-  ' 

vnl, 24861 

"2  Shall  not  take  property  at  apprais-  j 

ed  valuf ' 2487  \ 

33  AnnuMl  rt*Uirn!4 2488  j 

34  Vouchers 2480  I 

35  Ordinary's  duty  af?  to  returns 2400  j 

36  Return-  of  non-resident  or  deceas-  i 
cd  administrator-: 2491  i 

37  Docket  of  delinquents. 2492  j 

38  Notice  tn  creditors — rendition  and 

])a  vnnMit  of  debts, 2493  i 

39  Tayment  of  debt.*  by  heirs 2494 

40  When  debts  are  to  be  paid 249.) 

41  Priority  of  debts 249r, 

42  Out  of  what  paid 2497 

43  Collection  of  debts 2498  ; 

44  Responsibility  for  necjlect, 249 •<  i 

45  Collection-  bv  distributees  or  cred- 
itors  : 2499! 

40  Power  of  administrator  over  debts 

of  iut^'state 2500 

47  Debts  barrrd  by  limitation 2501 

48  Administrator  mav  provide  coun- 
sel  ' 2502 

49  May  invest  funds 2503 

50  May  continue  deceased's  business,  2504 

51  May  hire  slaves  privately, 2505 

52  Duty  as  to  deceased's  contracts, .  .   2506 

53  Exem])t  from  suits  for  12  n)onths,  2507 

54  May  mak(j  titles  to  land  on  bond 

of  deceased — when, 2508 

55  Proceedings  in  such  case^, 2509 

56  Caveat  by  heirs, 2509 

■57  Title  to  heirs,  where  vendee  dies,  2510 

58  Where  vendor  and  vendee  both 

die 2511 

59  Applicant  must  pay  costs, 2512 

•60  Sale  of  perishable  property  by,..  .   2513 
61  Hours  of  sale — mode  of  conduct- 


2549 

2550 
2561 
2525 
2553 
2.554 
25.55 
2566 


mg. 


2514 


■62  Terms  of  sale 2515 

63  Dilii^ence  as  to  sureties 2515 

64  Sale  of  wild  lands 2516 

65  Of  insolvent  |)aper.- 2517 

•66  Of  land  and  slaves— notice 2518  I 

67  Place  and  manner  of  sale. 2519  ' 

08  Recital  in  deed— cvid^-noe, 2520 

•G9  Slaves    to  be   sold,   only   to    pay 

debts,  and  for  dislril)uUon, 2521 

70  Sale  of  land  lyins;  in  two  counties,  2522- 

71  Slave  mother  and  child,  husband 

and  wife  not  to  be  separated. 2523 

72  Property  held  adverselv  cannot  be 
sold  by .' 2525 

73  Private  sales  by,  condeumed, 2-527 

74  Sales  by  administrator  with   will 
annexed, 2528 

75  Return  of  sales, 2529 

76  :Effect  of  warranty  by.    2524 


77  Claims     against     {idministrator's 

j.al — where  and  how  tried, 2.526 

78  Ordinary  commission*  of. 2547 

79  Commissions  on  interest  made,..  .  2548 

80  How  divided  among  sever.al 2-549 

81  Shall   have  no   commissions    for 
pavments  to  self, 

82  Compensation  for  delivering  pro- 
pertv.  and  for  other  services 

83  Traveling  and  other  expense^,. . . 

84  Extra  compensation 

85  Fund  to  pay  commissions  but  once. 

86  Com.mi«sio"ns— how   forfeited 

87  Expenses  of  agents  of,- 

88  Settlements  of  administrators, 

89  Before  Ordinary— how  made  and 
enforced 25-56,  25.57 

90  Settlement-s  of.  in  equity, 2.jo8 

91  Riilefor  cbarginginterestagainst,  25-59 

92  When  and  how  compounded 2-560 

93  Final  receipts  may  be  recorded.  .   2-561 

94  Refundin''    bonds— when    to    be 
given,... 2662 

95  Dismission — when  and  how  grant- 
ed   2-563 

96  Jlinors— how  far  affected  by  it. . .  2-564 
'.)7  Dismission   void,   if  obtained  by 

fraud ,-   2565 

98  Duty   of  Ordinary — order  of  dis- 

1  '>565 

charge •  -'-'"'^ 

99  Unclaimed   funds— how  disposed 
of, 

100  Resignation  of  administrators,.  . 

101  How  made— effect  of  on  minors. 

102  Proceedings   to  remove  adminis- 
tration to  another  county 

103  Liability  of  sureties  on  removal,. 
101   Executor  need  not  give  bond,.. 

105  Foreign  Administrator  may  sue  in 
this  State. 

106  Must  file  exemplihcation, . ^oiz 

107  Protection  to   heir,    &c.,    in  such 

2573 

case ^:y 

lOS  May  transfer  bank  stock,  &c.,.  .  ._.   20(4 
1(1'.)  Suit  on  the  bonds  of, 3295,  -3296 

110  One  surety  may  be  sued— when. .   3298 

111  Property 'of  principal  to  be  first 
exhausted, t'^^ 

112  Service  on  one,  good— when •^>-'00 

113  Pleas  peculiar  to  administrators,  3404 

1 14  Other  plea.,  by, -  -  •  -   f^Oo 

1 15  Judgments  against, •>4->-i,  ^''Jyo 

Administkatok's  Salks. 

See  Atn'oi'istrators,  60  to  75. 
AuMissioxs. 
I      See  Evidaire,  37  to  46. 

I  ADUI/rERATKD  DBirGS  OK  LiQUOU.S. 

1  Action  Yor  selling 2946 

2  Mistake  of  Druggist, 2947 

AnUl.TKRY. 

1  Definition  and  punishment 4419 

2  With  negroes— punishment, 4445 

3  With  wife— action  for 2950 

4  Proof  of  marriage  in  such  case, .  .   2950 


2566 
2567 
2-567 

2568 
2570 
2569 

2571 


1000 


INDEX. 


Advancements. 

See  JJistribution  of  Esinics,  11  to  15. 
AuvEBSE  Possession. 

1  Does  not  make  deed  void, 2Gol 

2  Projicrty  held  by,  cannot  be  sold 

by  administrator, 252-') 

See  Prescription 
Affirmation. 

1  Of  witness, 37Sr, 

Affrays. 

1  Detinition  and  punishment, 4401 

Agent. 

1  Attachment  by .1189,  3190 

2  (JamishnicntH  by, 34G2,  :!463 

3  Claims  by 3G50,  3G51 

4  May  hold  to  bail. 3320,  3338 

0  May  foreclose  mortgage  on  personality  3875 

6  Tax,  oath  of, 767 

7  "Who  may  be, 2169 

8  "Wliat  may  be  done  by, 2168 

9  Auctioneer  apent  of  lx)th  parties, . . .  2686 
1 0  Admissione  of, 3710 

Agency. 

See  Prina'pal  and  wjcnt. 
Aghkements. 

See  Contracts. 

Aliens. 

1  Who  are  aliens, 1692 

2  Their  rif;ht8, 1593,  1594,  1595,  1596, 

3  Not  Riibj(.ct  to  military  duty 1598 

4  May  be  licensed  to  jtlead  luw, 364 

5  Aliiii  heirs 2628 

6  Conveyance  of  land  to,  is  a  forfeiture 

of  the  land  to  the  State 2635 

Alimony. 

1  Permanent  and  tem|K)rary 1688 

2  Proceeding  to  obUun, ..." 1689 

3  Discretion  of  Judge  i!S  to  l<ini»orary,  1690 
•1  Revision  and  cnforccinent  of  order,  1691 
B  Merits  not  involvi-d  in  application,. .  1692 

6  Permanent,  when  granted 1693 

7  May  be  barred  by  husband's  deed,. .  1694 

8  Decree  in  Ofiuii}-, 1095 

9  Lial  liiity  of  husband,  before,  and  after 
alimony  granted, 1G9G,  1697 

10  KfVoct  of,  after  cohabitation, 1698 

11  Interest  of  wife  in  Inisband's  estate 
after  alimony  granted 1699 

Alterinc  Marks  and  Brands. 

1  Is  larceny, 4300  i 

Amendments. 

1  Of  pleadings,   when  allowed 3410 

2  'When  not  allowed 341 1 

3  ImjKisilion  of  terms, 341 2  , 

4  Of  misnomers 3413  i 

5  Of  names  of  partners, 3414  I 

6  Of  names  of  parties, 3415,  341 G 

7  Of  representative  charactt-r.^^ 3417 

8  Of  omission  of  jurisdiction, 3418 

9  Of  Scire  facias. 341 9 

10  Of  process, 3420 

11  Of  verdicts. 3421,  3422,  3423 

12  Of  judgments 3424 

13  Of  executions, 3425 

14  Oi   official  retums 3426,  3427 


1 5  Of  records :{428 

IG  Of  affidavits  of  illegality, 3430 

17  'Schedule  of  insolvents, 3431 

18  Of  rules  for  new  trials, 3432 

19  Of  appe:d.  and  other  bonds, 2434 

20  Of  allidavits  lo  appeal, 3435 

21  Of  clerical  mistakes, 3436 

22  Of  bills  in  eipiity— effect  of, 4106 

23  Of  answers  in  equity, 4105 

24  Of  jileadings  in  suits  for  freedom,, ..  3951 

25  Discretion  of  court  as  to, 3429 

26  Rules  governing, 3429 

27  Certain  affidavit  not  amendable,...  3433 

28  In  cases  of  altflchment, 3220 

29  Of  bills  of  exception •. 4184 

30  Of  caveats, 4016 

31  In  actions  for  personality,  issue  born 
]>ending  suit  may  be  included, 51 16 

Answer. 

1  Musi  bo  filed  at  first  term 3381 

2  Xo  j.art  of,  to  be  si  rick,  n :!382 

See  ruas. 

Answer  in  Eqcity. 

1  When  to  be  filed — exctjitions  to,. . .  4104 

2  Verification  of — defendant's  jirivilege 

—  amendment 4 1 05 

3  On  belief— effect  of, 4107 

4  Of  non-resident — how  verified, 4108 

See  fjmlij:  fquity  jiUadiivj  aud practice. 

Ari'KAi.s, 

1  l!i;.-ht  of, 3529 

2  P'ri'ui  decisions  of  Urdinarj*, 3530 

3  Not  nllowetl  on  collntteral  issuesi,...  3631 

4  S'lii'i  i^siM  s— l;..u-  tri.-.l 3531 

"»  :;  r  dayp 3533 

6  >  oxw'pted, ....  3534 

7  liy  wiioni  entered .■!S35 

8  ra3-iiic!:' of  orv-t.  jiiid  giving  security,  3536 

9  Atton  1  npiHid  l)ond 3537 

1"  I!v  V:  .:  contractors,  and 

3538 

11'  may  apjjoal, 3639 

12  i  w, a,.,   ■. anient  binds  all 3640 

i;'  Recourse  <  if  surety  <in 3641 

14  By  exei  utor-s  ^e 3542 

1 "»  In  forma  panprris 3543 

10  Costs  in^Oourt  of  Ordinary, 3544 

1 7  Transmi'^sion  of  appeal, 3545 

15  Apjdicatiun — 1<>  whom  made,. . . .  354'j 
1!«  From  Inferior  Court, 3547 

20  Make  new  investigation, 3548 

21  Sujj.end  th<^  judgment, 3549 

22  How  withdrawn, 3550 

23  Tried  by  sj.e<ial  jury 3551 

24  Frivolous  app.-als, 3552 

25  In  suits  for  freedom, ;j953 

20  In  Justices  Courts 400'J,  4070 

27  Inequity  cases— abolished. 4121 

28  From  decision  of  commissioners  of 
pilotage 1481 

29  Where  party  dies  in  4  days  after 
judgment, ;W58 

See  Attachnienix,  'A\K  47  ;  Liinntict,  Idioiif^ 
a»d  In^nw  PerfouH.  4. 


INDEX. 


1001 


.Apothecaries. 

See  Physicians  and  Druggists. 
Apportionment. 

1  Equity  jurisdiction  over, 

2  Of  Keprcsentatives, 

3  Of  contracts 

Apprentice. 

See  Master  and  Servant. 
Arabic  Numerals. 

1  May  be  used  in  pleading, 

Arbitrament  and  Award. 

1  What  it  is, 

2  Trustees  may  submit  to, 

3  Of  the  submission, 

4  Arbitrators  limited  by  authority, . 

5  General  submission, 

G  The  award, 

7  "When  valid  in  part  only, 

8  Award  by  umpire, 

9  Reference  pendente  lite, 

10  Award — when  set  aside, 2833, 

11  In  cases  of  tort, 

12  What  may  be   submitted,  and  by 
whom  it  may  be  done, 

13  Submission  to  be  in  writing, 

14  Must  bo  three  arbitrators, 

15  How  they  are  chosen, 4136, 

16  Time  and  place  of  meeting 

17  List  of  witnesses  furnished, 

18  Vacancies — how  tilled, 

19  Arbitrators  to  be  sworn, 

20  Postponement  of  trial, 

21  Adjournments, 

22  Testimony  by  commission,- 

23  Who  are  competent  witnesses,. . . 

24  llulos  of  evidence, 

25  Examination  of  witnesses, 

26  Attendance  and  pay  of  witnesses, 

27  Production  of  books  and  papers, . 

28  Arbitrators  may  administer  oaths, 

29  Two  may  make  award, 

30  Kendition  and  effect  of  award,.  . . 
81  Award — how  attacked, 

32  Verdict  of  the  jury, 

33  Fee  of  clerk  for  entering  award,. 

34  Costs— how  taxed, 

35  Compensation  of  Arbitrators, 

36  Submission  of  other  cases, 

37  Submission  pending  suits, 

Armies. 

1  Standing  armies, 

Arms. 

1  Right  to  keep  and  bear 4893, 

2  Furnishing  negroes  with — punish- 
ment,   

See  Deadly  Weapons. 

Arraignments. 

1  For  small  offences,  not  to  bein  bar 
dock, ' 

2  Form  of, 

Arrest. 

1  By  officer  and  jiossc 

2  Without  warrant 

3  By  private  persons 


3067 

42 

2688 


3184 

2824 

2825 

2826 

2887 

2828 

2829 

2880 

2831 

2832 

2834  i 

2994  ! 

4134 
4135 
4136 
4137 
4138 
4139 
4140 
4141 
4142 
4143 
4144 
4145 
4146 
4146 
4147 
4148 
4149 
4150 
4151 
4152 
4153 
4154 
4155 
4156 
4157 
4158 

4911 

5051 

4512 


4521 
4524 

4602 
4603 
4604 


4  Duty  of  person  making, 4605 

5  Duty  of  officer  making, 4606 

6  Officer  may  pursue  offender, 4607 

7  May  break  open  doors, 4610 

8  What  constitutes  arrest, 4609 

9  WidoAvs  and  feme  soles,  free  from, 

on  civil  process, 3337 

10  Voters  free  from, 123'.t 

]  1  Witnesses  free  from, 3770 

Arson. 

1   Definition  ;    kinds  ;    and  punish- 
ment,   4273  to  4282 

Assault. 

1  Definition, 4256 

2  Punishment, 4257 

3  Under  color  of  office, 4371 

4  With  intent  to  murder, 4258 

5  With  intent  to  rob 4259 

6  With  intent  to  injure  clothes, 4261 

7  With  intent  to  rape, 4250 

Assemrlies. 

1  Unlawful 4399 

2  Unlawful  assemblies  of  slaves. . . .   1369 

3  How  dispersed, 1 370 

4  Of  the  people,  not  to  be  impaired,  4896 
Assignments. 

1  In  trust  for  portion  of  creditors, 
void........    1954 

2  Of  judgments  and  executions, 3516 

3  Bv  attorney  of  record, 3517 

4  To  defraud  creditors,  void, 1954 

5  By  banks, 1442 

6  Bv  banks— how  set  aside, 1443 

7  Shallnot  fail,  for  want  of  assignee,  1444 

8  Purchase  by  trustees  at  their  own 
sale,  void, . .  • 338 

9  Gifts  by  insolvent  debtor,  void,. .  1954 

10  Deeds  to  avoid  tax,  void, 743 

11  Transfer  of  stocks  after  levy,  void,  3212 
Attachsients. 

1  Grounds  for  issuing, 3188 

2  Affidavit— by   and'  before   whom 
made, '?>\%^ 

3  Bond  of  plaintiff, 3190 

4  Airent  or  attorney  may  give  bond,   3190 

5  Alfidavit  and   bond  of  firms  and 
joint  creditors, "191 

6  Who  may  issue, 3192 

7  W'here   property   is   in    different 
counties, 3193 

8  Attachments— where   returnable,  3194 

9  How  directed, 3195 

10  May  issue  on  Sabbath— when,. . .   3196 

11  Where  debt  is  not  due, 3197 

12  Against  a  partner,  or  joint  debtor,  3198 

13  How  levied  in  such  case 3198 

14  May  issue  against  executors,  &c., 
when, 3199 

15  Stay  of  judgment  in  such  case,.  . .   3199 
10  May  issue  for  any  money  demand,  3199 

17  May  issue  in  favor  of  sureties,  &c.,  3200 

18  Disposition  of  the  money  in  such 
case, o_vu 

1 9  I'cndnrie  lite, 3201 


1002 


INDEX. 


'20  Agaiiisl  furt'iyii  corporations, .... 

21  Againi't  bail, [ 

22  Substantial  compliancp.  sufficient, 
28  Form  of  atliclavit,  bond  and  writ, 
24  Duty  of  I'vying  officer, 

26  Koturn  of  attachments, 

2G  In  wiiat  order  loviod, 

27  On  what  k'viod .. . 

28  Levy  by  sorvinj;  garnishment,. 

29  May  be  loviod  on   .-tock-, 

80  Sub-soquent  transfer,  void, 

31  Certificalc  to  jjiirchasor 

32  Of  land  for  purchase  nionej, 

33  Levy;   lllini;  deed  ;  lien, 

34  (iarnishrnent> — how  issued,  direct- 
ed, and  .'-erved, 

o5  "Where  garnishee  resides  in    an- 
other county 

36  Judgment  ai^ainst  gHrnishee 

37  Disposition  of  property   returned 
by  ijarnishee, 

38  Traverse  of  garnishee's  answer,.  . 
89  Trial  of  the  issue,  ap])eal,  &c  . .  .  . 

40  Trial    of    the    issue    in    Justice's 
Court, 

41  I)e<laralion    to    be    Hied    at    tir!>t 
term 

42  Notice  to  defendant 

4;5   Declaration  stands,  though  attach- 
ment be  (lisiniseed 

44  Appearance  and  defence 

•  46  Set-olf  of  debts  not  due 

46  Traverse  of  pluintifl"s  affidavit,.  . 

47  Trial  of  the  issue— appeal 

48  Trial    of    the     issue    in    Justices 
(\iurt 

49  No  delay  allowed 

50  l*artie>— how  made 3227, 

61  Amendments 

62  Judgments — how     set    aside     by 
creditors 

63  Interrogatories 

64  Replevy  of  property 3232, 

65  Sale  of  i>erishablo  pro|x'rty 

56  Claims  -obth  and  bond  of  claimant . 

57  Claims — where  returned 

58  How  tried 

59  Replevy  of  projierty  by  claimant . .  . 
GO  Suit  on  reiik'vy  bond 

61  Suit  agaiu.st  claimant  for  hire 

62  Clauns — when  to  be  interposed 

6.3  Judjrnients — when  general 

64  Executions— levy  and  sale 

6j  Money — how  applied 

66  Lien  of  altachiuents 

Attempts  to  commit  Crime. 

1  Puni.«hnient  for, 

2  Not  indictable,  when  the  act  is  done, . 
4  Jury  may  find  the  attempt, 

Attounky.s  at  Law. 

1  Who  may  practice   law 

2  In  what  courts  admitted, 

3  Qualitications  of, 

4  ite 


3202 
8203 
3204 
3206 
320ti 
3207 
3208 
3209 
3210 
3211 
3212 
3213 
3214 
3214 

3216  ' 

3210 
3218 

3218 
3219 
3219 

3220 

3221 
3222 


3222 
3223 
3224 
3225 


8225 
3226 
3228 
8229 

3230 

3231 

3233 

3234 

3235 

3235 

3236 

3237 

.'5238  j 

3239  ' 

.•■.240  1 

3241  I 

3242  j 

3243  I 

3244  I 

I 
4594  I 

4560  ! 

4561  I 

361  ! 

362  I 

363  I 
364 


5  Petition  for  admission, 366 

6  Facts  of  petition— how  evidenced. . .  366 

7  On  what  subjects  examined 367 

.S  llow  examined 363 

9  Judges  req\iircd  to  be  strict, 369 

10  Order  of  admission, 370 

11  Oath  of, [[[[[  371 

12  Graduates  of  Lumpkin  Law  School.  372 

13  From   other  States— how  admitted.  373 

374,   375,   376 

14  How  admitted  in  Supreme  Court.  .. .  377 

15  Fee  not  collectable 378 

16  Forfeiture  for  transferring  note 379 

17  Rules  for  .settling  foes  of, 380 

18  Liable  to  rule ; . . .  381 

19  Authority  to  bind  clieuta 382 

20  Can  only  receive  money  for  client's 
claim, 383 

21  Advice  of,  will  not  relieve  client, ....  384 

22  Appearing  without  authority, 385 

23  Unauthorized  ap|K«arance 386 

24  May  l>e  rctpiired  to  show  authority, .  387 

25  Preference  to  leatling  counsel, 388 

26  L'ading  counsel  dertned, 389 

27  If  two  relied  on,  the  first  leads, 390 

28  Duties  (.r  Attorneys, ."91 

29  Causes  for  removing 392 

30  At  whose  instance  removable, 394 

31  pHK-eediugs  to  remove 395,  to  407 

32  How  restored, 393 

33  Lien  of— its  exUnit  and  effect 1989 

34  Settlement  by  parlies  will  not  defeat 

lien  of ' 1990 

35  Attachments  by, 3189,  3190 

36  Garaishments  bv 3462,  3463 

37  Claims  bv '. 3650,  3651 

38  May  hold  to  bail, 3320,  3338 

39  May  foreclose  mortgajfo   on  porson- 
ulity 3875 

40  Gmmumications  to.  proU'ct<}d,.3720,  3721 

41  Liability  for  cost,  in  Supreme  Court, .  218 

42  Liability  for  cost  in  case  of  neglect. .  3602 

43  Lijibility  for  cost  in  other  cases. ....  3603 

44  Subject  to  garnishment 3474 

See  O^ers  of  Court. 

Attousey  Gikkbal. 

1  Who  IS 341 

2  Must  give  bond 342 

3  His  duties, 343 

4  Subject  to  Uovemor's  order, 344 

5  Comptroller  may  require  services  of, .  345 

6  Oath 347 

7  His  ejection  and  term  of  office 346 

«  His  salary 1578,  4980 

9Hi.sfees. 1580 

AUCTIOS. 

1   Memorandum  of  sales  at 2586 

Augtioxeer. 

1  Agent  of  both  parties. 2586 

Acditor. 

1  Appointment  of. 3070 

2  Effect  of  his  report 3071 

3  In  equity  case — his  appointment  and 
dutv 4112 


I^'^DEX. 


1003 


3320 
:J320 
.1321 
3322 
3323 
3325 
3327 
3326 
3324 
3328 
3329 
3330 
3331 
J.^32 


4  His  report  and  exceptions  thereto,. .   4113 

5  His  fees 4114 

B.VIL  IS  CIVIL  CASE.S. 

1  Affidavit  to  obtain 

2  Sum  sworn  to — endorsed, 

3  Affidavit — before  whom  made, 

4  "When  debt  is  not  due, 

5  Affidavit  need  not  describe  the  debt, 

6  Bail  in  actions  ex  ddicto, 

1  Affidavit  in  such  case, 

8  Order  therefor — who  may  grant, .... 

9  Surety  may  require  Ijail, 

10  Execution  and  return  of  procesi*, . .  . 

1 1  Sheriff  is  special  bail — when, 

12  Commitnieut  of  defendant, 

13  Itinerants — how  served, 

14  Securit}'  for  jail  fees, 

15  If  fees  not  paid,  defendant  may  be 
di.scliarged, 

16  Notice  to  plaintiff  in  certain  cases, . , 

1 7  New  bail, 

18  Service  of  process  on  Sabbath, 

19  Widow.s  and  feme  soles  exempt  from, 

20  Bad  }ie7idenfe  lik, 

21  Process — how  issued  and  returned, . 

22  Duty  t  f  Sheriff. 

23  Defendant  — how  dealt  with, 

24  Liability  of  bail, 

25  Pendenk  lite,  works  no  delay, 

26  Service  of  bail  in  different  counties, . 

27  Special  bail 

28  Ca  sa  and  return  thereof, 3345, 

29  Scire  facias  against  bail, 

30  How  directed  and  served, 

31  May  issue  against  liail  alone, 

32  Surrender  of  principal, 

33  .Tudgnient  on  scire  facias, 

34  Bail  ill  actions  of  personality, 

35  Filing  affidavit,  and  after  proceedings, 

36  Pending  the  action 

37  Replevy  of  the  property, 

38  Bail  in  Justice's  court, 

Bail  in  cuimi.val  cases. 

1  Allowed  but  twice 4583,  4625 

2  How.  and  by  whom  taken,.  . .  .4620,  4625 

3  Forfeiture  of  recognizance, 4584 

4  Surrender  of  principnl, 4586,  4624 

5  Jiidgniient  against  bail, 4585 

6  Of  slaves  and  free  negroes 4729,  4730 

7  V.\.v>8ive  bail,  not  requirable,. 4901,  5057 
B.^i'.i" 

1  '!'(   i_iaii;l  j'.'.ry — oath  of. '5105 

2  To  oUnT  juriL^s — oath  of, 5106 

Bailments. 

1  Defiuilic.i.  oi 2031 

2  Property  of  liailee  in, 2032 

3  Care  and  diligo.i  v  of  bailee, 2033 

4  Ordinary  diligence, 2034 

5  Extraordinary  diligence 2035 

6  Gross  neglect, 2036 

7  Burden  of  proof, 2037 

See    Covimon    Car  .trs;   Deposits;    Hiring; 

Loan^- ;  rieft.i-'    ,rr  Patens ;  Railroad  Covi- 
^yanifs,  15,  ir,   17.  i 


3333 
3334 
3335 
3336 
3.337 
3338 
3339 
3340 
3341 
3342 
3343 
3343 
3344 
3349 
3345 
3347 
3348 
3346 
3350 
3351 
3352 
3353 
3353 
4053 


Banks  .\:,u  Bankkv*.. 

1  Brnk  return^ 141;, 

2  Contents  of  returns, 1416 

.'!  Oath  of  officers  thereto, 1417 

4  Publication  of  bank  reiKjrts, 1418 

5  Penalty  for  not  m.il:'ng  returns,.  . .  .   1419 

6  Perjury — evidence 1420 

"  Prohibitions  on  banks 1421 

8  QuaUtication  of  prohibitions 1422 

9  Certain  contracts  void, 1423 

10  Penalty  for  unlawful  .sale  of  exchange  1424 

1 1  Forfeiture  for  illegal  issues, 1425 

1 2  Mode  of  proof, . .". 1426 

13  Forfeiture  for  i.^isiiing  change  bills,. .   1427 

14  Over  issue  forfeits  charter 1428 

15  Obligations  iinposeil  on  bauk.s, 1429 

16  Penalty  for  not  paying  specie, 1430 

17  Proceedings  in  such  case, 1431 

18  Penaltj^  for  rejecting  own  bills 1432 

19  What  the  term  "bank"  includes,....  1433 

20  Grouuds  for  forfeiting  oliarter, 1434 

21  Proce(?dings  in  judgment, 1435 

22  Duty  of  Receiver, 1436 

23  His  compensation, 1437 

24  Debts  of  insolvent  bank.s,    in    what 
order  paid 1438 

25  Bills,  when  receivable  at  par, 1439 

26  Liability  of  stockholders, 1440 

27  Suits  shall  not  abate, 1441 

28  Assignments  by  bank, 1442,   1444 

29  How  setaside, 1443 

30  Transfer  of  stock 1445 

31  Gaming   with   officers   or  agents   of 
banks,. 4427 

32  Tax  on  banks, 745 

See  Tax,  23,  28,  64. 

Bank  DiRECXoits. 

1   Election  at\  on  part  of  State, 1 283 

Bank  Stock. 

1   How  levied  on  and  sold,  4085,  3211,  3212 

3213 
Bans. 

1  Bans  or   license  necessary  to   valid 
marriage, 1658 

2  Return  of  marriage  by, 1660 

Barratry. 

1  Definition 4388 

2  Punishment, 4389 

Barter  and  Exchange. 

1  On  footing  of  private  .sales, 2013 

Bastards. 

1  Definition  of, 1748 

2  Obhgations  of  father  of, 1 74!) 

3  Rights  of  mother, 1750 

4  Inlieritance  by, 1751 

5  By  legitimates  from, . . . , 1752 

6  Legitimation  of, 1738 

See  Bastardy. 

Bastardy. 

1  Proceedings  against  mother, 4640 

2  Against  fatlier 4640 

3  Commitmenr,  of  mother, 4641 

4  p]xculpaiorv  evidence, 4641 

5  Suit  on  bastardy  bonds, 4642 


lOOi 


INDEX. 


G  Bonds,  ]iow  returned, 4C43  I 

7  Indictment  and  i)unishment  of  juita- 
tive  fallier, 4439 

Battery. 

1  Definition  and  imnishment 1262 

Beastiality. 

1  Definition, 4253 

2  Pnnislimcnt, 42.'>4 

3  Attcmiit  to  commit, I2j5 

Benefit  of  Clergy. 

1   Al)olishcd, 4 J47 

Bigamy  and  Polioamy. 

1  Definition, 441.'> 

2  Piinislimont, 41 IC,   4417 

3  Issue  legitimate, 44 Ki 

Bills  in  Equity. 

1  Division   of, 4093 

2  For  discovery — liow  framed, 408H  ' 

3  Mode  and  time  of  filinjr 400<; 

4  Amendment  of, 4080  j 

f)  Service  of, •J097  ; 

6  Wlicre  to  he  filed 409r.  . 

7  Dismissal  of— right  of  defendant, . .  .   4100 

8  For  discovery,  and  to  perpc-tuato  tcH- 
timony — when  sust^iiiud 4094  i 

9  Supjilemeiital  bills,  abolished, 4093  I 

10  Cross  bills,  need  not  bo  filed, 4093  1 

Bills  of  Kxcei«tion. 

1  When  writ  of  error, 4 159 

2  Kxcei)tions  jtending  cause, ...  .4159,  41G2 

3  Must  specify  errors, 4100 

4  How  tendered  an<l  ccrlifled, 4161 

5  How  cx'rtilicd,   where  the  Judge  is 

out  of  ofiice,  dead  or  absent 41G3  i 

G  WIkto  tho  jiarties  die. . 41G4  , 

7   F>rors  in — how  rectified 41C5  ' 

S  I'roceedinijs  wlicro   .ludjjo  fails  to  1 

;.ign  and  certify 416G  | 

"J  Notice  of  sii^ninj; 41G7  I 

10  Who  to  bfi  iiolified, IIOR  , 

11  In  criminal  cases, 41G\)  i 

12  Filing  ia  clerks  oflico  and  Iran*-  ' 
crijit  of  record, 4170 

13  Op. rates  as  sxpcrcalrns — when,..   4171  , 

14  Tinio  of  filini;  in  Supn-me  Court,  417;J  I 

15  Mandamus  against  Clerk  or  SheriH", 

for  default 4172 

IG  May  be  amended, 4184  : 

Bills  ok  Kxciianhk  i 

1  Definition — parlies, 2722  | 

2  Foreign  bills, 2722 

o  Acce]itance — to  be  paid  out  of  par- 
ticular fund, 2728 

4  Acceptor's  lien 2728 

5  Ordinary  nccei>tance,  no  evidence 

of  funds'. 2720 

G  Negotiability  of, 2722 

7  Protest  and  notice  to  endorser... .   2781 

8  Rights  of  honn  fide  holder 27;)o 

9  Kecciving  after  due,  is  notice, . . .   27:'.o 

10  Presumption  of  good  faith, 27.']7 

11  Holder  of  collaterals, 2738 

12  Title  of  holder — when  questioned,  2709 
l:^  What  is  notice 2740 


14  When  due, 2741 

15  Damages  on  foreign  bills, 2742 

10  If  out  of  Confederate  States, 2743 

See  Ncfjotinblc  Papers ;    Days  of  Gmcr : 
Endorsement ;  Endorsers. 
Bills  ok  Istkkplkader. 

1  When  entertained 3156 

2  Collateral  interpleading, 3167 

Bills  of  Peace. 

1  In  what  cases  entertained, 3154 

2  Perjx'tual  injunctions, 3155 

Bills  of  Hi; view. 

1  Within  what  time  to  be  brought,  4129 
Bills  of  IIevivor. 

1  Aboli^h.-d,...- 4093 

Bills  <jf  Sale. 

1   Registry — notice, 2072 

Birth. 

1  May  bo  proved  by  hearsay 3095 

2  Of  child  revoke's  will — when- ....  2445 
Blind. 

See  Acniiemy  for  the  Blind. 

Boats  ani^  Crews. 

i    Bill>.>f  lading— insiM?ction 15G0 

2  P<'naltv  for  not   having,    and  e\- 
hibitin-:  bill  ..f  lading, 1661 

3  Trallir  with  boat  hands  prohibited,   1562 

4  .\rti<l<>  shipped  i'j  hands, 15G3 

Bond  fou  Titles. 

1  How  extcuied  if  oldigor dies, 2508,  2509 

2  Wh.n- obligee  ib  dead 2510 

3  AVhtn  both  are  dead 2611 

4  C'St.   bv  whom  paid, 2612 

5  Sab"  of  land  held  under 3605 

0  Laii!    ■    '  !      •:  ler— how   sold  for 
].ur(:  V 2505,  3581 

7  \'  :  land  h<lil  under,. .   3214 

8  ;  .r»  whero  obligee  dies,  2510 

i>  n. 

BOMI    lo    1 

1  \V1..;,  i'JOO 

Bos:-s. 

1  In  caHt^of  vagrancy  —how  furfeit- 

'       •l.rtcd,.' 1453 

2  ^  duty  and  fee 4 154 

3  i    ■.  - I  (xhavior 4627 

4  .^uit  for  br<-a<h  th.r.-of, 4628 

5  E.xtondfil  from  term  to  term, 4629 

G  Tv>  keep  the  peace, 4630 

7  Breach  thereof, 4631 

8  If  bn-Mch  provok«-*d,  no  recovery,  4632 
'.t  Extended  from  term  to  term, 4633 

10  Of  administrator* 2468 

Sc>- Appeals, 'J  :  Attaehmmt,  8,  54,  .56; 
r.iJ.  10;  Bond  for  Titles;  Bond  to 
J'r  ^'cute;  Claims  and  Claim  Laws,  2; 
F.  •■  mtvrs,  *• ;  Forthcoming  Bonds; 
a  ■  ■nii'hmcnts.  2;  Guardians.  11  .-  Ille- 
:i':l'ty,\;  Insolvent  Debtors,  >i :  Refund- 
ing Bonds. 
Books  and  Papers. 

1  Production  of, 3437 

2  Notice  to  produce, 343R 

■'   Notice,  bow  made  available 3442. 


INDEX. 


1005 


4  Consequences  of  failure  to  produce,  343J 

5  Continuance, ^y^ 

«  Affir3avit  of  non-rrsident, oiil 

7  Subpfpna.  durrs  U  cum ti\ 

8  Penalty  for  disobeying  it, 3444 

9  How  complied  with, ■>^^*_ 

10  Secondary  evidence, '■^^^'^ 

11  Transcripts,  when  used, •  ■   •^•*'*" 

12  Examination  of  books  bycommis- 
pioners, iTtl. 

13  When  notice  unnecessary 3(0/ 

BouKDARY  OK  THE  State. 

1  Boundary  lines •  ■ | ' 

2  Lines  between  Ga.  and  6o.  Ca...  .  1» 

3  Between  Ga.,  N.  C.  and  Tcnn.,.  .  lit 

4  Between  Ga.  and  Ala., -♦^' 

5  Between  Ga.  and  Fla., - ' 


34  Grant    for   ferry    does   not   include 
bridgre,, and  e  converse '■•  ■ 

35  Grant  to  land  on  watercourse  gives 
no  right  of  public  bridge •  • 

36  Rail  Roads  cannot  appropriate  public 
bridge,  &c., 


676 


675 
691 


4364 
4365 


645 

oh; 

047 
647 
G48 


Brands. 

See  Marks  and  Brands. 
Brihkry. 

1  Definition 

2  Puni-^hment 

Bridges,  Ferries,  Turnpikes  and  Cau.se 

WAYS. 

1  What  are  public, 

2  Classificntion  of, 

3  Established  by  Justices  of  Inferior 
Court 

4  Compensation  of  land  owners 

5  Power  of  Justices  over  the  subject, 

6  Bond  of  contractor, C49 

7  Approved  by  Justices, 6o0 

8  Additional  bond  of  contractor, 6ol 

9  Notice  to  repair, :••;;• ^-^ 

10  Repairs — how  made  and  paid  for, ...     Ga3 

11  Trial  of  issues, ••••     Go4 

12  Contractors  nor  their  sureties  allow- 
ed to  be  road  commissioners, 

13  On  county  lines— by  whom  built  and 
repaired, • ;  •  • 

14  Citizens  of  refusing  cotmty  subject 
to  toll, •• • 

15  Toll  bridges  on  county  lines,  licensed 
by  either, C58 

16  No  private  ferry  for  toll,  to  be  withm 

3  miles  of  pubhc  bridge, 659 

17  Distance,  how  computed, 600 

18  Rates  of  toll  to  be  posted, 661 

19  Penalty  for  neglect, G61 

20  Land  owners  may  build, 662 

21  Excessive  toll  prohibited, 663 

22  Rates  examined  annuall}^ 664 

23  lUesjal  charges— how  punished, 665 

24  Punishment  for  obstructing  fords,  &c.,  COG 

25  How  discontinued, 667 

'  2G  Liability  of  proprietors, 668 

27  Liability  of  contractors, 60  J 

28  Forfeiture  for  detention  at, 670 

29  Fine  of  defaulting  proprietor, 671 

30  Liability  of  owners  of  ferries, 672 

31  Penalty  for  injuring  bridge,  or  evad- 
ing toll ^J^ 

32  Damages  for  right-of-way, 674 

33  Value'of land— hov-'  determined,...  677 


655 


656 


657 


Buildings. 

1  Belonging  to  the  State 

2  In  which  State  has  interest b»l' 

Buov.s  AND  Beacons. 

1  Maliciously  destroying 44  •  1 

BiuDEN  OF  Proof. 

1  Upon  whom  it  rests, 

2  Li  claim  cases, 

3  In  suits  for  freedom ^Jj^-'^ 

4  Coat  on  bailee  after  proof  of  loss, . . . 

BURGI'AUV. 

1  Definition ■.Vq'i' 

2  Punishment 4^284, 

Burying  Grounds. 

1  Injuries  to— how  punished, 

Canals. 

1  Maliciously  injuring  locks,  etc 

Capias  ad  S.vtisfaciendum. 

1  Mav  be  returned,  and  7?. /a.  taken, . , 

2  Release  of  defendant  by  delivering 
l^roperty, 

3  Discharge  without   payment,  no  sat- 

4  Control  of  by  sheriff  in  cases  of  es- 
cape, 

5  Arrest  and  imprisonment  of  defand- 
ant  under, ^566 

6  Affidavit  to  obtain, •  •   355o 

7  May  issue  without  affidavit  for  the 
purpose  of  changing  bail, •   3345 

8  M  ay  be  returned  in  such  case  immedi- 
ately after  search 3349 

Cahpenter's  Lien. 

See  Lieivs. 
Carriers. 

1  Definition  and  liability  ot, ^^^^ 

See  Common  Carriers. 


885 


3681 
3662 


2037 

4283 
4285 

4332 

4477 

3562 

3563 

3564 

3565 


Castration. 

1  Punishment  for, ^-*"^ 

2  "Wounding  in  less  degree, 4240 


Bail 


See  Enclosures  and  Fences;   Estn-ays , 
Road  Compa7iies ;   Sheriff's  Sales. 
Cav.vlry  Corps. 

See  Militia  Laws,  41  to  44. 
Cave-W's. 

1  To  wills — limitation  on, •  •   ^^■^'i 

2  All  caveats  to  be   in  writing  with 
statement  of  grounds 4016 

3  May  be  amended, _•  •  •  4016 

4  By  heirs,  against  execution  of  titles 
by  administrator, 

5  To  land  warrant, 

1  Legislature  to  provide  for  taking,..  .  4942 
Cbrtiorari. 

1  Granted  by  Superior  Court, 4979 

1      2  In  what  cases  it  lies. 3957 


2509 
2342 


I00() 


INJ)EX. 


.'!  Ill  cases  of  possessory  warrant,. . . .  3938 

1.  Judgment  thereon, 3939 

5  In  cast.s  iu  Inferior  Court  and  Court 

of  Ordmary 3958 

tj  Wlien  granted  by  Judge  out  of  liis 

circuit, 3959 

1  Of  case  in  otlior  judicatoricp 3960 

S  Affidavit— form  of, 3961 

9  Cost  to  be  paid,  and  security  given, .   3962 

10  Sureties  made  to  justify, 3963 

11  Affidavit  in  lieu  of  payment  of  cost, 

and  g'iring  security. 3964 

12  When  to  be  applied  for.  and  how  re- 
turned,     3965 

13  Wlien  and  how  served, 3966 

1 4  Notice  to  adverse  party, 3967 

15  Supercedeas, '. 3968 

1 6  Filinji:  of  answer, 39G9 

1 7  Exceptions  to  answer 3970 

18  Party  shall  not  write  or  dictate  an- 
swer    397 1 

1  n  Trial  vl'  term  of. 397'2 

■_'0  Errors  must  be  set  forth 3973 

21  Traverse  of  answer — trial 3974 

22  Judgment 3976 

23  Damages,  when  groundless, 3976 

24  Judgment  for  plaintift'. 3977 

25  Judgment  for  defendant, 3!i78 

2C>  In  ])rosecutions  of  slaves  and  free 

persons  of  color 4727 

I'lIALLENGB  OF  JlllORS. 

1  To  tlic  array,  in  criminal  cases •1567 

2  For  cause, 4568 

:;  Number,  in  graver  offences, 4530 

4  In  minor  offences, 4531 

OUAl.LENtiE  TO  FHiUr. 

1  (living  or  accepting, 4402 

2  Carrying  and  delivering 4403 

See  Duvlliuij. 

('U.VNCEKT. 

See  /■AjuHi/. 
Chanck  Biui.s. 

1  Ofleuces  relative  to, 4351 .  4352 

2  Forfeiture  by  banks  for  i.«suing 1427 

ClIAKITIES. 

1  Charitable  bequests, 3086 

2  Cyjires, 3087 

:'.  Subject  matters  of 3088 

4  Supervision  of. ... 3089 

5  What  is  not  religious, 3090 

6  K.xtraneous  evidence, 3091 

See  Devise  and  Lctjacij,  1  s. 

ClIARTEBS. 

See  Corporations. 

fltEATS  AlN'U  SWINDLKRS. 

1  Obtaining  goods  imder  false  writings,  4350 

2  Jix  false  representations, 4455 

;;  Cheating  at  iilay, 4456 

4  Selling  bread  imder  assize. 4457 

5  Selling  by  false  weights  and   meas- 
ures    4458 

6  Putting  rubbish,  <fce,,  iu  cotton  bales,  4461 

7  Counterfeiting  brands  and  marks,. .  .  4460 
S  Obtaining  goods  by  personating  an- 
other    4462 


9  Other  offences  of  like  kind, 446S 

10  Lying  to  obtain  security, 446& 

1 1  Deceit  as  to  existence  of  lien, 4467 

12  Illegal  measurement  of  lumber 44GS 

Children. 

1  Bound  to  support  pauper  parents... .  716 

2  May  sue  for  homicide  of  parent, .. .  .  2913 

2945,  2946,  2947 

3  How  legitimated, 1738 

4  Adoption  of, 1739 

5  Custody  of,  when  divorce  granted,. .  1685 
Cni'RciiKs. 

1  Exempt  from  taxation, 72£> 

2  Punisiiment  for  selling  liquor  within 

one  mile  of, 4448 

ClTlZEKS. 

1  Rights  of ■. . . .  1585 

2  Exercise  of  rights 1686 

3  Disabilities  of  females, 1587 

4  Disqualification  for  crime, 1589 

5  Disabilities  of  minors 1588 

6  Insane  ])ersons  and  drunkards, 1590 

7  Rights  (if  citizens  of  0.  S.., . .    1591 

S  Aliens  and  their  rights, 1592  to  1596 

9  Privileges  of  certain  Frenchmen, .. .  1597 

10  Exemjitions  from  militia  duty, 1598 

1 1  Who  are  deemed  citizens. 49 

1 2  Wlio  may  not  be  citizens, 52 

See  riti:.'  u-'liip. 

ClTIZEXSllIl'. 

1  How   ac<iuired, 49 

2  IIow  n  iiounced, 53 

3  When  it    ceases, 54 

4  How   regained, 5& 

5  Claim  to.  how  disputed, 3940 

G  Parties    pending  action 8941 

7  Trial  and  verdicts 3942 

8  Evidence  on    the  trial 3943 

it  Damages  for  malicious  prosecution, . .  3944 

City  ok  Savannah. 

1  Laws  relative  to 4731   to  4885 

2  Power  of  City  Council  to  yirotectliar- 

bor 1489 

Claims  ,\nd  Claim  Laws. 

1  Oath  of  claimant, 3650 

2  Claim  bond, 3651 

3  Postponement  of  sale, 3652 

4  Forthcoming   bond, 3658 

5  Bonds,  to  whom  payable, 3654 

(■«  Property  left  with  claimant,  when, . .  3665 

7  Claim  by    jiartners.  ic, 3656 

8  Claims  against  tax  Ji.  fas 3657 

9  Claims  to  laud,  wlicre  tried, 3658 

10  To   i>ersonality,  where  tried, 3658 

11  Tneu  by  ix;tlt  jury,  at  first  term, .. .   3GG0 

12  Damages,  wlien    for  delay  only, ... .   3661 

13  Claim  to  slaves,  levied  on  by  Justice's 
Court/',  /h..  when  and  where  tried..   3660 

14  Burden  ef  i>roof  on   plaintiff, .';6G2 

15  Withdrawal  of  claims, 3663 

1 6  Damages,   how  assessed, 3664 

1 7  Either  party  may  appeal, 3665 

IS  Claims  to  land,  at  sales  by  Executors 

and   other  trustees 3666 

19  Where  tried 36G7 


INDEX. 


1007 


20  Personalty,  how  claimed  and  where 
tried, 

21  Claim,  po«tpone3  sale, 

22  Claims  in  Justice's  Court, 

23  In  cases  of  attachment, 3235, 

24  Apainst  taxyf.  fa 

25  To  property  distramed, 

Clkkotmkn 

1  Exempt  from  jury  duty, 

2  Exempt  from  militia  duty, 

Clerk  of  IIoubk  oa  Rei'rksentatives. 

1  His  election  and  term  of  office, 

2  Hi8  oath, 

3  His  sssistants 

4  His  duties, 

3  Miist  file  papers, 

6  And  obtain  certificate  thereof, 

7  Must   furnish   Printer   with    manu- 
script of  Laws  and  Journals, 

8  His  salary, 

Clerks  of  Inkeiuou  Court. 

1  Tlicir  election,  and  their  office 

2  Va<^<ancies,  how  supplied, 

3  Their  oatJi  and   bond 

•4  May  have  deputies, 

»  Duties   enumerated, 

0  Extra  compensation   of 

7  Must  register  allowed  claims  against 

county, 

5  Shall  advertise  assessments  of  count}' 
tax,  and  furnish  copy  to  tax  collector, 

9  Penalty  for  failure, 

1 0  Proceedintjs  against  them,  for  failure 
to  pay  over   county   funds, 

11  Statement  of  county  orders  b}', .  .531, 

1 2  Penalty  for  failure, 

13  Time   of  electing, 

14  Fees  of, 

15  Shall  post  table  of  fees  in  office,. . . , 
IG  Punishment   for  embeziding  county 

funds 

1 7  Fined  for  not  notifying  Road  Commis- 
sioners of  their  appointment, 

See  Offict'rs  of  Court. 
Ci-KRK  OF  Ordinary. 

See  Court  of  Ordinary ;    Crdinary. 
Clerks  of  Superior  Court. 

1  Their  election  and  term  of  office. .  . 

2  Time   of  electing, 

3  May  also  be  Clerk  of  Inferior  Court, 

4  Shall  not  practice  law. 

r>  Vacjincies,  how   filled, 

6  Term  of  one,  elected  to  fill  vacancy, 

7  New  election  in  case  of  tie. 

8  In  case  of  vacaucy,  oiic  appointed,  un- 
til election 

!)  In  cases  of  oincrgency, 

10  Appointee  holds  outtheterm,  of  only 
six  moutlis, 

11  Judge  may  apjioiut,  when, 

12  Appointee  holds  luitil  election, 

13  Their  oath, 

14  "Who  may  administer   the  oath, .... 

15  Must  give  bond 

]  fi  Ma}'  appoint  deputies, 


3668 
3669 
4071 
3240 
818 
5104 

3845  ! 

982  j 

188  I 

189  I 
192  j 
181 

194  I 

195  i 

953  I 
1577  I 

288 : 

289 
290 
291 
292 
293 

478 

489 

489 

513 

537 

537 

1266 

3620 

3632 

4331 


632 


349 
1266 
249 
250 
251 
252 
253 

254 
255 

256 
257 
258 
259 
259 
260 
261 


17  Their  duties  enmnerated, 262 

18  Authority  of 263 

1 9  Liable  to  rule, 265,     266 

20  Subject  to  removal 267 

21  Office    subject    to    exsunination   by 
grand  jury, 268 

22  Extra  compensation  of, 269 

23  Payment  of,  how  enforced, 270 

24  Penalty   for  dehnquenciss, 264 

25  Fees  of, 3619 

2g  Fees  for  entering  award 4154 

27  Shall  keep  table  of  fees 3632 

28  May    administer   oaths    and     attest 
deeds, 263 

See  Officers  of  Court. 
ChVRK  op  Supreme  Court. 

1  His  appointment, 214 

2  His  oath  and  term   of  office, 214 

3  His   duties   specified, 216 

4  May  appoint   a  deputy, 215 

5  Shall   tax  costs   by  items, 217 

6  Who  liable    for   costs, 218 

7  Fees  of, 3613 

8  May  be  increased  or  diminished, ....  3614 

9  Shall  not  record  transcript 4185 

10  Shall  publish  order  in  whirh  circuits 

arc  taken  up, 4174 

Coast  Survey. 

1  Provisions  relative  to. 25  to  29 

Code. 

1  When  to  take  effect 2 

2  Does  not  repeal  local  laws, 13 

Coin  and  Currency. 

1  Unautliorized   issue   of,  punishment 

for, 4351,  4352 

2  Duty  of  Judge  and   Jury, ,  4353 

.'!  Fines,  how  disposed  of, 4354 

Coli,ateral  Issues. 

1  How  tried,    3532 

2  Xo  appeal  allowed  in. 3531 

Colleges. 

1  Property  of,  exempt  from  titxation, .      729 
Commencement  of  Action. 

1  Mode,  and  time  of, 3245,  3246 

Commissioners  of  Deeds. 

1  Appointment  and  authority  of, ... .       68 
Commirrioners  of  Pilotage. 

See  Pilots  and  Filotaije. 
Commissioners  of  Public  Roads. 

1  Three  in  eacli  District, 628 

2  How  appointed, 629 

3  Compelled  to  serve, 630 

4  Notice  of  appointment, 631 

5  Clerk  falling  to  give  such  notice,  sub- 
ject to  fine, 632 

6  Exempt  from  patrol  and  militia  dut}-,     633 

7  Their  duties, 634 

8  Persons  exempt  from  road  duty, ....     635 

9  May  pay  overseers  $2.00  i>er  day, . .     636 

10  Subject  to  fine  for  neglect, '. .  . .     637 

1 1  How     proceeded     against,     for   de- 
fault,      638,  639.  640 

1 2  May  be  removed, 639 

1 3  Executions   against 641 


1008 


INDEX. 


1 4  Co-opcratiou  where  road  is  on  dis- 
trict line, 642 

15  Inferior  Court  to  furnish  books  to,. .     643 
10  Certificate  of  service, 644 

17  Exemption  for  faithful  service, 633 

18  Shall  return  list  of  tax  payers,  when 
there  is  no  JusticQ  of  tlio  Peace 5114 

CoinUSSIONEIi   OF   THE   POOU. 

1  Appointment,  duty,  and  liability.  712.  713 
Commitment. 

1  Form  of 4619 

2  May  be  for  difl'erent  oll^HCe  from  that 
charged, 4G22 

3  Informality  of,  no  ground  to  discharge 
pri.sonor, 3926.  4626 

<;OMMO.\  CaRUIERS. 

1  Definition   and   liability  of 2039 

2  Carrier  of  passenger.''.    2040 

3  Cannot  limit  liability  l)y  notice,.  . . .  2041 

4  May  make  express  contract 2041 

f)  Bound  to  receive  goods  and  pas.sou- 

gers, " 2042 

6  Kesponsibility,  beginning  and  ending 

of, 2043 

7  Kesi)onsibility  for  baggage 2044 

8  For  delay 2045 

9  UcVu-'ved  hy  shjU^aije  in  transitv, .  .  .  .  2046 

10  When   st<>pj)ii'je  in  iraii.situ  oxiata, .  .  2047 

1 1  Cannot  di.spute  bailor's  title, 204 S 

1 2  Lien  of  carriers 2049 

13  Lien   on    baggage, 20.'jO 

14  Fraud  on  carriers, 20 j1 

I'j  May  limit  value   of  baggage, 2052 

1 6  May  reject  passengers,  when,   2053 

17  Railroad  Companies  arc  common  car- 
riers and  so  liable, 2054 

18  Liable  to  employees, 2054 

19  Liability  of  connecting  Railroads...   2055 
Common-  Schools  axd  Kducation. 

1  Educational  fund  of  State,  how  made 

up. 1189  to  1193 

2  List  of  children,  how  organized, ....    1 195 

3  Apportionment  of  fund, 1 196 

4  Fimds,  how  drawn, 1197 

5  Loss  of  county,  for  want  of  return,   1198 
G  Penalty  (or  excessive  return 1199 

7  Educational  fund  of  counties, 1200 

8  Educational  tax,  how  levied. ..  1201.   1202 

9  Wants  of  county  to  be  regarded 1203 

10  Funds,  to  whom   paid, 1204 

11  Board  of  Education 1205 

1 2  Duty  of  the  I)oard 1 206 

13  Elementary   brandies, 1 207 

14  Certificates  to  teaohers, 1208 

15  Teachers,  how  paid 1209 

16  Accounts  for  previous  years, 1210 

1 7  Tuition  of  children,  paid  by  county  iu 
which  thej'  reside, 1210 

1 8  Teacher's  accounts,  how  made  out, . .  1211 

19  Establishment  of  common  schools., .  1212 

20  What  laws   govern,   in  absence   of 
plan, 1213 

21  Bond  of  Ordinary  as  School  Treas- 
urer  " 1214 


22  Additional  bond  may  be  required, .. .  1215 

23  Proceedings,  where  Treasurer   fails 

to  pay  out  fund, 1 216 

24  Secretary  of  educational  board, 1217 

25  Ordinary's  report  to  Governor, 1218 

26  Beneficiaries  of  school  fund, 1219 

27  Indigent   children   preferred, 1219 

28  Indigents,  how  ascertained, 1220 

29  List  may  be  corrected, 1221 

COMMUTATIOK. 

1  Of  pnni.^hraent  in   cases  of  murder,  4220 

COMPENSATIOX  OF  Al)3[IXI.STRAT0R,S. 

See  Admiuistraiors, 78  to  87 

Compiler  of  Laws. 

1  Ai)pointmcnt  of 964 

2  His  duties  spccilied, 965 

3  Forfeit\ire  for   failnrc, 966 

4  His  ])laeo  supplied,  in  case  of  death 

or  di.sability, 967 

5  Is   under  Governors'  superviaon, . .     668 
G  His*  compensation, 968 

CoirPOUXDlNG. 

1  Felonies,  punishment  for, 4385 

2  Penalties,  imnishment, 4386 

See  arnml  ami  saf  is/act  ion. 

COMPUOMISF.. 

I  Binding  on  both  parties, 2823 

COMI'TROLLBB  GeMEBAL. 

1  His  election 1283 

2  His    bond 94 

3  Rights  and  duties  of, 95 

4  Duties  s|x>cified, 96 

5  His  authority, 98 

6  May  suggest  improvement  in  revenue 
laws 99 

7  Shall  keep  Ixwk  of  appropriations, . .  100 

8  Also,  a  book  of  tax  lx)nds 101 

9  Sliall  give  copies  of  pajK-ra, 102 

10  Settlement  with  successor, 103 

11  May  make  rules  for  tax  officers, .  .301,  362 

363 

12  Shall  not  speculate  in  wild  lands, . .      106 

13  His  rei>ort,  contents  of, 105 

14  His   salary, 1572 

15  Additional  compensation, 104 

COMPrXATION  OF  TiME. 

1  '•Mouih'  and  "year,"'  mean  calender 
month  and  year 6 

2  Sundays  and  holidays  allowed,  2733,  3534 

CON'DITIOXS. 

1  Precedent  and  subsequent, 2084 

2  Impossible,  immoral,  and   illegal  are 
void, 2618,  2685 

3  In  legacies,  when  void, 2434 

4  Sub.sequent,  how  construed  in  equity.  30  t  ■> 
Confession  of  Judgmkmt. 

See  Judjments  30,  31,  32,  33. 
Confessions. 

1  Must  be  voluntary, 3716 

2  Under  promises, 3717 

3  Facts  discovered  by,  admissible, 3718 

4  Of  joint  offenders, 3719 

5  By  slaves  and  free  persons  of  color,  4697 

6  Of  party  in  divorce  cases, 1674 


INDEX. 


1009 


Congress. 

See  Members  of   Congress. 

CoKGREtiSIONAL     DlSTKICTS. 

1  Of  what   counties  composed, 44 

COMSIDKRATION. 

1  PJKsential  to  valid  coutract, 2682 

2  Presumption  of, 2703 

3  What  is  a  valid, 2704 

4  Good,  and  valuable, 2705 

5  Inadequacy  of, 2603,  2706 

6  Founded  in  mistake, 2707 

7  Mutual  promises, 2708 

8  Good  in  part,  and  bad  in  part 2709 

9  Impossible  consideration, 2710 

1 0  Moving  from  auotlior, 2711 

11  Must  be  valuable  in  sales, 2602 

12  Of  deeds,  may  be  inquired  into,. . . .   2649 

13  Failure  of,    pleadable,..   2712,2798,3402 
See  contracts. 

Conspiracy. 

1  Defuiition  and  punishment 4387 

Constables. 

1  Two  in  each  district, 435 

2  Flection  and  term  of  office 435,  1274 

3  Maj'  bo  removed, 436 

4  Appointed  in  certain  cases,. . .  .437  to  440 

5  Elegibilityand  qualilications  of, . . . .     441 

G  Disabilities  of, 442 

1  Oath  of 443 

8  Oath  of  appointee,    before  whom  ta- 
ken,       444 

9  Board  of  Constables 44,^ 

10  Certificate  of  oath    and   bond, 446 

11  Additional  bond  may  be  required,..  447 

1 2  Liability  of  Constables 448 

13  May  be  ruled  in  Superior  Court, ....  449 

14  Duties  of  Constables, 450 

15  Penalty  for  acting  after  removal, 451 

16  Foes  of, 3624 

17  Shall  receipt   for  claims, 4055 

18  Levies   and  sales  by 4083 

19  May  levy  on  land  and  slaves  when,.  4084 

20  May  levy  on  bank  stock, 4085 

21  May  be  ruled   in   Justice's   Court,..  4079 

4080 

22  Compensation  for  carrying  property 

to  place  of  sale, 4IJ^'6 

23  May  execute  process   where   Sheriff 

is  a  party, 3554 

24  Oath  of  Constable  to  Grand  Jurj', . .  5105 

25  To  special   and  petit  juries, 5106 

26  Bond  of,  may  be  sued  on, 5107 

See  Cornttible,  sales,  official  bonds. 

COMSTBLES'  SaLKS. 

1  Levy  and  advertisement  of, 4083 

CONSTlTUnON  OF  GEORGIA. 

1  In  full, 4888  to  4996 

2  Declaration  of  fundamental  principles.  4888 

to  4tt  1 5 

3  Legislative   department. . .  .   4916  to  495.5 

4  Kxecutive    department  ....   4954  to  4968 

5  Judicial   department, 4969  to  49.s9 

6  iVIiscellaneous   provision,.  . .  .4990  to  4996 

7  How  to  be  amended, 4995 

64 


8  Ratification, 4096 

9  Laws  in  violation  of,  void, 4904 

Constitution  of  Confederatk  States. 

1   Given  in  full, 4997  to  5100 

Construction. 

1  Of  contracts, 271S  to  2721 

2  Of  laws, 5 

3  Of  deeds 2656 

4  l)f  Legacies, 24  24.   2425 

5  Of  conditions, .5048 

Consuls  and  Vice  Consuls. 

1   Attestation  ot  deeds  by, 2668 

Contempts  of  Court. 

1  Power  of  courts  to  punish 200,  4593 

2  oiicli  power  sliall  be  limited, 4902 

Contehtku  Elections. 

1   Mode  of  contesting, 1276  to  1281 

Cotinuancks. 

1  Hilt  one  at  common  law, 3448 

2  "When  amendments  are  made,   3449,  3450 

3  For  absence  of  witnesj^es, 3451 

4  Refused,  if  facts  are  admitted, 3452 

5  For  ab.s.ence  of  partj-, 3453 

6  For  absence  or  illness  of  counsel. . .   3454 

7  When  cases  not  reached 3455 

8  (»f  cases  returned  from  Supreme  ("it,  3456 

9  For  non-return  of  iutorrogatories, .  .   3458 

1 0  On  nppoal 3459 

1 1  Diligence  required, 3457 

12  Discreti(jn  ot    court, 3460 

13  For  non-production  of  books,  &c.,..   3440 

14  In  proceedings  to  establish  papers,.   3S87 

1 5  In  Justices'  Courts, 4069,  4073 

1 6  In  criminal  cases, 4533 

17  By  one  joint  offender, 4575 

]  S  bV  the  ^^tale — how  granted, 4592 

]  0  By  courts  of  inquiry, 4613 

Coj^tkActs. 

1  Definition  of, 2076 

2  Executed,  and  executory, 2677 

3  Of  record, 2678 

4  Specialty, 2679 

5  Simple  contracts, 2680 

6  Parol  coutiacts, 2681 

7  Ksseutials  to  valid  contract, 2682 

8  Absolute  or  conditional, 2683 

9  Conuilious  precedent  and  subsequent,  2084 

10  Void  conditions, 2685 

1 1  Novation, 2686 

12  Entire  and  servable, 2687 

13  Apportionment  of  contracts, 2088 

14  Asaeut  to  contracts, 2689 

1 5  Contracts  by  iottcr,    2690 

16  Persons  disabled  from  making 2691 

17  Of  married  women, 1703,  170S,   2092 

18  Of  infants  — when  binding, 2693,  2695 

19  Exemption  ot  infants  is  {personal,. . .    2694 

20  Marriage  contracts  of  uifants, 2696 

21  Insane   persons, 2697 

22  Incapacity  may  be  pleaded, 2698 

23  Ot  drunkards, 2699 

24  of  slaves,  voi<l, 2700 

25  Of  slaves,  as  agent  or  master, 27  00 

26  Of  free  persons  of  color, 2701 


1010 


INDEX. 


27  Ijix.  loci  contrar.tux, 9,  2702  ' 

28  Certain   contracts    void     unless    in  , 
writinfr ^ ''^^  j 

29  Exceptions  to  the  rule 195^  j 

30  111   behalf  of  oounticR,    must  be  in 
writin'T 405  j 

31  Consideration — when  I'repnroed, -^"-^  ' 

32  N'lihim  factum, 27(t:{ 

33  Viil;<i  eonHideratir.n 2704  j 

34  (iood  jukI  valimlilo  edusiderationn.. .   2705 

35  lM:idei(iiacv  of  co-.i-i.leralion. 2706  | 

36  Mijitake  of  fact  or  law 27(»7  I 

37  Mutual  proiniMS 2708  j 

38  Oonr-ideratinn  p"'d    in  pari,  and  bad 
inp^.rt 2703 

39  Impossible  considerations 2710 

40  Consideration  nifvinir  from  another,  2711 
-41  Failure  of  consideration, *712 

42  Illegal  contracts 2713 

43  Akrainst  public  ]M)licy 2714 

41  Krniid  voids  nil  contrHcts, 2718 

45  Duress  Toi<ls  cftnlracls, 2716 

40  CaniinK   contmcts 2717 

47    Hecovi'rv  l»a.'k  "f  what  is  lost, 2717 

A»  Uv  whom  const ru(»d 2718 

49  Rules  of  c<instruct'on,..2719.  2720.   2721 

50  Alt' ration— elTcK-t  of, 2793 

51  Alterations— doterminalion  •f,  2791.   2795 

52  I'erformancff  of  coDtri»cts : . .  .   281 1 

53  hnpossibilitr  of  ]M«rforraan«>« 2812 

54  Parlinl  iK-rformance, 2813 

55  Non-performam-o  br    fiinit  of  other 
party 2814 

56  Tender  and  its  eflTecl, 2816  j 

57  Ofspecilic  srti.les 2818,  2818 

58  At  particular  i>la(v 2817 

59  Hreach  of  contracts, 2880  | 

60  All  breaches  must  Ik?  includes!  in  ac- 
tions on  (H'ntracts, 2880 

61  Of  liro  insiirimce.  inuRt  be  ill  wriliuj?  2744 

62  15.  rseer  and  employer 2195 

63  S  ..h  of  the  conlracl, 2190 

See  ; 

Cost  a  AC  IS  WITH    Slaves. 

1  On  tViir  own  ac«.-ount.  void STOij  ^ 

2  As  ajcnt  of  master,  valid. 2700 

CosTi^inv  riov.  ' 

1  Anioii_"^t  trespassers. 3008 

2  Anions  several  j  <intly  liable 30C5 

3  An1on•J^l    iiMr;.i.  r» 1904 

4  Amojv--!  s';v,;>  >.  214S.  21M,  2162,  2153  ] 

COSVETAVCK-   AMI  KuOlSTKT. 

See  Ar./.v;  litj.'yt.-iiti'V}. 

COOBLIC.ORS  AKD  PliOMISSOBS. 

1  In  ditToront   oouutics — where  to  be 
s"-'         3200.  498J 

2  1;  xes  of  deceased,  may  be 

=;.  irvivors. 3161 

3  JndpiH'ut  when  all  not  served. 3J64 

4  If  one  pleads  infaucv.  suit  does  not 
abate " 3265 

5  Kc  r.T^'.if  in  favor  of 3147 

COEP 

1  Of  fire  worn! — size  of 1513 

2  PenaltT  for  selling  less. 1512 


Cobb. 

See  Cotton,  Corn,  Rice,  &c., 

COBOKKBS. 

1  How  and  when  elected, 55'.'.  1266 

2  May  bo  appointed, 560 

3  O«thof, 561 

4  Thr  •■  Wfhd= 502 


6  Li  -rids 

6  K  — when 

7  ~s  in  ct-rtain  cases, 
—in  what  cases. . 

:i   .^i  - 

10  !'(  aterment. . 

11  Iti  n 569, 

12  C  J 

13  Y>  !.>r  cost,... 

14  8ha!i  iiwuo  prwx-pi  lor  jury  of  in- 
•pl'^St, 

1 5  Farm  of  precept — who  may  summon 
•jury,.  . . 


563 
601 
505 
500 
507 
56K 
570 
571 
87J 

4002 

4002 


16  P'  ■     '              rors  fined, 4003 

17  N                      rv 4004 

18  (V                                             4005 

19  (■                                         'J'Ty 400«» 

20  ^^                                        i'd  and  sworn  4007 

21  1<.                                .'ssea, 4008 

22  H.                                n 4009 

23  1>                     :  .r  iKJison 4018 

24  J 1,                    it?  may  act  ns  Cor»ner, 
wliLii, 573 

25  Fees  of  Coroner 3625 

See  offirrra  of  Ctmrt 

Conr<)UATio\8. 

1  !»,■••  '  1582, 

2  r  1624,  1625, 

3  r  

4  li  irt* 

5  r  l,riw  created. . . . 


9 

10 
11 
12 
13 

14 

15 


mP 


V 

i:  

I  c  — 

Heretofore  granted,  cannot  be  dissol- 


■d 


I' 
l 

10  Av 
17  1. 
IS  1' 
19  1. 


23  N 

24  .1 

25  N 
20    1 


30  b- 


1623 

102G 

1627 

1629 

1630 

1631 

1 

1 

1633 

1634 

1635 

1C36 

1637 

i 1638 

hnrtor 1639 

"of  members  1 04 1 

-      1640 

- 1642 

;ind  members. . .  .   1643 

3279 

•n  of  mode 3281 

n 3282 

— effect  of. ..   3283 

a 3284 

krs 3285 

President 3285 

.he  case 3286 

328T 

3288 

•rrini?  stock.  releoB- 
1445 


INDEX. 


1011 


OORPOBATE  GOURTS. 

1  Notaffected  by  this  Code, 452 

OORRrPTIOS    OF   BLOOD. 

1  No  conviction  phall  work, 4900 

'Costs  ix  Civil  Casks 

1  In  Supreme  Court — who  liable  fotj. .     218 

2  Party  failincr  liable  for .m. 3601 

;!  Attorney  liable  for— when 3602,  ?,G0:{ 

4  Where  recorery  is  less  than  $50,. . .  3604: 

5  May  be  demanded  in  advance — when,  3605 

6  No  more  cost  than  damages — when..  3606 

Tin  personal  actions, 3607 

8  Of  witnesses  of  adver.se  party, 3603 

0  Taxed  for  what  uiimuer  of  witnesses,  3G08 

1 0  Not  payable  till  after  judgment, 3609 

11  How  ta.\ed 3610 

12  Fi.  fa.  I'or,  against  plaintifTor  his  attor- 


3611 


ney 

.13  Ft.  fa.  for ;  against  attorneys 3612 

14  Of  application  to  make  titles  by  ad- 
ministrators,   2512 

15  Of  est^^blishing  lost  papers, 3389 

16  In  cases  of  Uaheas  Corpus 3929 

17  In  cases  of  .special  verdicts 4120 

Ji8  Of  arbitrations — how  taxed 415.') 

19  How  taxed  in  Supreme  Court, 4187 

20  Plaintiff's  attorney  liable  for, 4186 

21  Judgment  for  in  case  of  reversal, . . .  .  4186 

22  Of  inquests — how  paid, 571,  572 

23  For  perpetuating  tostunony, 3044 

24  Witness'  fees. 3764 

.25  Mode  of  collecting  fees  of  witness. . .  3763 

'Costs  i.v  Criminal  Cases. 

1  Prosecutor — when  liable  for, 4518 

.2  Of  Stale'.s  witnesses  out  of  county. . .  3768 

3  When  party  is  acquitted  or  insolvent, 
how  paid, 4519 

4  Mode  of  collecting, 4581 

6  Paitl   out  of  fines   and   forfeitures — 
wlicu 459 

«CoTTf>N-,  CoKN",  Rice,  kc, 

1  Ownership  not  changed  till  paid  for,  1532 

2  Penalty  for  failing  to  pay  for, 1533 

3  Oath  of  M-eiglier, . .' 1534,  1535 

4  Penalty  for  weighing  without  oath,. .  1535 

5  Tare  on  Rice 1536 

G  Tare  on  otlier  articles, 1537 

7  No  deduction  for  turn  of  scales, 1538 

8  Regulations  for  weigliing, 15.:59 

9  Water  shall  not  be  diverted, 1 540 

10  Rice  dams,  when  to  bo  opened, 1541 

11  Penalty,  and  proceeuiugs  against  of- 
fenders, .<. 1542,  1543,  1544,  1545 

1 2  Drainag  aellowed, 1546 

13  Proceedings  in  case  of  obstruction, . .  1547 

14  Penalty  for  stopping  up  dam, 1548 

15  Enlargement  of  dams, 1549 

16  Compensation  of  freeholders  and  pen- 
alty for  default 155d 

•COUNTIE.S. 

1  Names  and  limits  of, 30 

2  Jurisdiction  of,  in  cert.' in  cases,  39,  40,  41 

3  These  entitled  to  two  Llepresontatives,      42 

4  Are  bodies  corporate, 463 

5  Suits  by  and  again.st, . 464 


6  Conveyances  to, 466 

7  I'roperty  of — by  whom  controlled, . .    467 

8  Claims  against — how  audited, 478 

9  Such  claiinb',  barred  in  12  months,..     479 

10  Paving  in  favor  of  minors,  kc 479 

11  Judgments  against,  do  not  bind  pri- 
vate property, 480 

12  Rights  of  creditors  and  tax  payers, . .     485 

13  Debts  against — how  paid, 487 

14  Orders  against— negetiable, 534 

15  In  what  order  paid, 530,  53L,  532,  533 

16  When  liable  for  escapes,. 3^68 

See  Nnr  Counties. 

Counterfeiting.  f 

1  Definition,  kinds,    and   punishment.  4338. 

to  4444 

2  Marks  and  brands 4460 

County  Academies. 

See  Academies. 
County  Buildings. 

1  Erection  and  repair  of, 468 

County  Fund.s. 

1  Punishment  for  embezzhng 4331 

2  Proceedings  to  compel  those   liaving, 
county  fund.s,  to  pay  tliem  over,  494  to  497 

3  Proceeding  agaimst  clerk  of  Inferior 
court,  for  failing  to  pay  over 513 

County  Officers. 

1  Election  of 1266,  4994 

County  Poor. 

1  Supervision  ef, 710 

2  Poor  houses 711 

3  Commissioner  of  the  Poor, 712 

4  Duty  and  liability  of  commissioner, .  .     713 

5  Ajjplication  of  pauper — how  made,.. .     714 
U  "Pauper"  defined, 715 

7  Pauper  parents  and  children,  bound  for 
each  others  support, 716 

8  Certificate  of  clerk,  evidence, 717 

9  Those  removing  paupers,  bound  /or 
their  support. 718 

11  If  insolvent,  the  county  whence  they 
came,  liable, 719 

12  Proceeding    against    migratory   per- 
sons, leaving  paupens, 720  to  723 

13  Pauper  lunatics,  &c., 724 

14  Poor  children  bound  out, 725,  726 

15  Proceedings,   if  master  violates  con- 
lract«, 727,  728 

County  Records. 

1  Preservation  of 469 

County  Revenue. 

See  County  Tax. 
County  Surveyor. 

1  TIow  and  when  elected, 543,  544,  1266 

2  Ilia  term  of  ol2ce, 543 

3  Needs  no  commission  if  appointed,.. .     545 

4  His  oath, 546 

5  How  removed 547 

6  One  for  each  county, 548 

7  May  appoint  assistant, 548 

8  Oath  of  assistant, 549 

9  His  office,  where  kept, 550 

10  His  duties  specified, 551 

1 1  Who  pays  his  fees, 552,  553 


1012 


INDEX. 


12  Payment  of  fees — how  enforced 554 

13  Ilis  purvey."  — when  evidence, 555 

14  Who  acts,'  wlien  there  is  none, 55G 

15  Liability  ot  such  person, 557 

16  Peni;)tv  for  false  survey, 558 

17  Fees  of, 3620 

County  Tax. 

1  Ijcvied  on  recommendation   of  grand 
jury, 481 

2  Fiscal  state  of  county,  with  es^timatcs, 

to  be  hiid  before  grand  jury, 482 

3  Recommendation   of  any  panel  suffi- 
cient,    484 

4  Wlieu  it  may  be  levied  without  recom- 
mendation,    483 

5  Ki};]its  uf  cieJilorsiiiid  t.nx  payers,..  .  4 So 

6  For  what  jiurposesaspessed, 48G 

7  Order  for  assessing, 488 

8  Upon  wliat  property  assepsed, 488 

9  Advert  isenient  of  the  order 489 

10  Copy  to  tax  collector 489 

11  Useil  only  for  purpose  for  which  raised,  490 

12  ('ollected  and  paid  to  whom, 491 

13  Fees,  and  liability  of  collector, 492 

14  Payment,  how  cnforcvMl, 493 

15  Procecdingfl  to  <fimj>cl  those  having 
county  funds  to  jiay  ihi-m  ovt-r,  494  to  497 

IG  All  (picstions  as  to,  det^erminablc  by 

Inferior  Oourt 449 

17  Procccduig  againct  clerk   of  Inferior 
Court  lor  retuimng  funds 513 

18  Rcvcniu'  from  otlicr  nourcH'S 500 

19  (liargts  ti>r  licences  to  n-tiiil,  Ac 601 

20  May  be  remitted  by  Inferior  Court.  .  499 
County  Tukasuuku 

1  Appointment  and  term, 514  to  517 

2  Time  of  electwig,  whou,  by  the  people,  1267 

3  How  removed, 518 

4  Vacancy — how    filled, 519 

6  Kligil.ility  of,    520 

6  Oath  and  bond 522,  423,  524 

7  Reiiuircuients  where  clerk  of  Interior 
court  is  elected 521 

8  i^hall  receive  ami  pay  out  county  funds  525 

9  His  oHicc  — where  kept, friti 

10  His  duties  siwcilied, 527 

11  His  books,  Ac.,  paid  for  by  county,. .  528 

12  When  full,  deposited  iu  clerU'a  otlioo 

of  Inferior  Court, 529 

13  Payment  of  county  orders, 530  to  533 

14  Shall  not  bi.y  orders  at  uisoount, . . . .  oTio 

15  Penalty  therefor  or  for  other  default,  536 

16  Shall   make  up   schedule   of  orderR. 
when  clerk  fads  to  do  so, 538 

17  Penalty  lor  failure 538 

IS  Duties  of  when  also  clerk  ofluferior 

Court, 539 

19  Reuioval  as  clerk,  works  removal  as 
Trea.-*virer S39 

20  Ksecuiiou  against,  for  default 540 

21  Settlement  with  succe.>iM)r 54 1 

22  II  correct,  is  titial  if  free  from  fraud,.  .  542 

23  Shall  furnish  grand   jury    with  liuau- 

dal  rej.K»rt  and  estimates, 482 

24  Liceu^e  fees  to  be  paid  to 5 1 2 


25  Punishment  for  embezzlement 4^31 

26  Fees  of  County  Treasurer, 3627 

COUKT  Horsts 

1  How  built  and  furnished, 469 

2  Assignment  of  rooms  of, 470 

3  To  be  kept  by  sheriffg. 471 

Courts  .SlARTtAL. 

See  Militia  Lans. 
Courts  of  Okuixaht. 

1  Name  and  style  of, 294 

2  General  and  exclusive  jurisdiction  of,    306 

4989 
.3  May  punish  contemptP, 307 

4  Knforoement  of  process, 307 

5  Jurisdiction  aa  to  administration, ..308,  309 
C  V.'hon  held '. 401 1 

7  May  lie  adjourned 4013 

8  Applications  and  proceedinga  in, .  . .  .  4014 

9  Contents  of  orders, 4015 

10  objections  and  cavt^ats, 4016 

1 1  Record  of  proceedings 4017 

12  Minuter  oi; 40I8 

13  Docket  f>f  applications 4019 

14  D<K-ketof  retump.  Ac. 4020 

15  ( )rder8— how  enforced 4021 

Courts. 

1  Rules  of.  binding 198 

2  Powers  of. 200 

3  Minutes  of,  to  Ix!  rend  and  signed, . . .     202 

4  Removal  of  records 201 

5  Acts  ot,  valid  witliout  a  clerk, 203 

6  Right  of  jipiH-al  to.  secured 4.'-96 

Courts  of  Ikq'   i.y. 

1  Who  may  liold 4611 

2  -AFscxHatOP 4612 

3  lndMlgcnc<'  to  defendant 4613 

4  KvideiiC6—<ici<ridant'H  statement .. .  4614 

5  .\bjtrnrt  of  <  v=*>-n'.-c 1615 

6  R( '  ■  ■  ■  •  sKes 4616 

7  M..  :iCeof  wilueBses, .  4617 

8  Kill,  s  .  :  .i.ii'.on, 4618 

9  Commitment— form, 4619 

10  Taking  b.iil 4620 

11  Waiver  of  trial 4621 

12  Mav  commit  Icr  dilTerent  ofTenco  from 
that  charged 4622 

1 3  Dispositiuu  of  papers, 4633 

CoVKNANTS. 

1  Knnning  with  the  land,  iniire  to  pur- 
chaser  2584,  2661 

2  Whalgeneral  warrantyof  title  includes  2662 

3  Of  warranty  of  title  to  slaTe  inures  to 
asKtgiKe, ■ 26C5 

4  Offer  to  rescind  not  neees.<wry  to  recov- 
er on  covenant  of  warranty, 2666 

6  Construction  of, 2609 

CoVkUTCRE. 

1  Pleaoi; 3408 

Creditors. 

See  Lcllur  and  OredLtor. 

Crime 

1  Definition  of, 4188 

2  Puiiishablo  under  co-existing  laws,. .  4550 
bee  ycTMl  Laws. 


INDEX. 


1013 


CmiUN'AL  Conversation. 

1  With  wife— artion  for 2P50 

2  Proof  of  marriage  in  such  case, 2950 

Crops. 

See  Grov)ing  Crops. 
Clrhenoy. 

See  Coin  and  Currency. 
Damages. 

1  For  breacli  of  contract, 2880 

2  Liquidated  damages, 2S81 

3  Penalties  in  bonds 2882 

4  Expenses  of  litigation. 2883 

5  Exemplary,   not  allowed  in  cases  ex- 
contrartu, 2884 

C  Remote  damay;e.=< 2885 


Debtor  and  Ckeditor. 

1  Relation  of— when  it  exists, 1^46 

2  Rights  of  Creditors  favored, 1947 

3  Equitable  as-^ets, l^^S 

4  Creditors  may  attack  judgment,  &c.,. .  1949 

3230 

5  Compulsory  election, 1951 

6  Cannot  pursue  person  and   property, 

at  same  time, 1950 

1  Obligations,  which  to  be  binding,  'inist 
be  in  writing, ^  ^52 

8  Exceptions, 1953 

9  Acts  void  as  against  creditors, 1954 

10  Debtor  may  prefer  creditor, 1955 

11  Appropriation  of  payments, 2S10 


7  Interest  may  be  added 2886  i  Deceit. 


8  Nominal — tender 2887 

9  Discretion  of  jury, 2888 

1 0  For  breach  of  warranty  of  title  to  land,  2889 

1 1  On  bond  for  title-s 2890 

1 2  Necessarj'  expenses, 2891 

13  For   breach   of  warranty  of  title   to 
slave, ". 2892 

14  Warranty  of  soundness 2893 

15  For  seduction  of  daughter, 2951 

16  For  torts  — general  rule, 2997 

]  7  Aggravated, 2998 

1 8  Vindictive, 2999 

1 9  Necessarj'  expenses, 8000 

20  Divisions  of, 3001 

21  "General,"  and  "Special." 3002 

22  "Direct,  '  and  "Consequential," 3003 

23  Too  remote— when 3004 

24  Rule  to  ascertain. 3005 

25  Exception  to  the  rule, ...  3006 

26  Against  joint  trespasser.s, 3007 

27  ("untribuLion, 3008 

28  Hire  of  Slav«s 3009 

29  Highest  amount  proved, 3010 

30  Death  or  destruction   of  property — 
how  far  a  defence, .  3011 

31  Against  officers  for  escape, 3567 

32  Against  county  for  escape 3568 

33  On  foreign  bills  of  Exchange, 2742 

34  If  out  of  Confederate  States, 2743 

Dams. 

See  Cotton,  Corn,  Rice,  dr. 
Days  of  Grace. 

1  Not  allowed  on  sight  drafts, 

Deadly  Weapons. 

1  Carrying  concealed — punislimeut,.. , 

2  Possession  of,  with  felonious  intent, 

3  Furnisiiing  negroes  with, 4512 

Deaf  and  Dumij. 

1  May  have  guardian — when, 1803 

2  Oath,    bond,    power,    and    duty    of 
guardian, 1 S04 

3  Wife  has  preference  as  guardian 1805 

4  Proceedings  for  gunrdian.ship, .  .  1800,  1810 

5  Proceedings  to  revoke, 1811,  1812 

6  Provisions  applicable  to  guardian, .. .  1813 
See  Academy  for  Deaf  and  Durrib. 

De  bene  esse. 

1  Testimony  used, 3043,  3819 


2734 


4413 
4436 


1  Definition  of 2901 

2  Representations  to  obtain  credit,  must 

be  in  writing, 2902 

Decrrbs. 

1  Definition  of, 4122 

2  Moulding  and  enforcing, 4123 

3  For  money  enforced  by  execution,. . .  .  4124 

4  May  be  enforced  by  attachment, .  4125 

5  Transfer  and  lien  of, 4120 

0  May  become  dormant,  and  be  revived,  4128 

7  Interlocutory — how  and  when  taken,  4111 

8  When  rendered  without  jury,..  .4111,  4110 

9  For  specific  performance  vests    title 
same  as  deed, 41 19 

Defences  to  Contracts. 
See  Contracts;  Plea  ft. 

Deeds. 

1  Requisites  of  a  deed, 2649 

2  Consideration  may  be  inquired  into, . .  2G49 

3  May  convey  future  interests, 2650 

4  Form  of..." 2651 

5  Escrows, 265^ 

6  Of  Infants 2653 

7  Not  voided  by  adverse  possession, . . .  2654 

8  To  personalty, 2655 

9  Inconsistent  clauses, 2656 

10  Recitals  in, 2657 

1 1  Estoppels  in 2658 

1 2  Ancient  deeds, 2659 

]  3  Lost  deeds  may  be  established. 2660 

14  To  land — registration  of, 2667 

15  Attestation  of  deeds, 2668 

16  Who  may  attest, 2668 

17  Probate  by  witnesses, 2669 

1 8  Probate  by  others, 2670 

19  Fi.fa.  may  be  recorded, 2671 

20  Bills  of  sale  to  slaves— record  of, .    . .  2672 

21  Former  deeds  stand  as  before, 2673 

22  Regif!tered  deed,  evidence, 2674 

23  Issue  of  forgeiT— trial  of, 2674 

24  Copy  from  record— when  evidence,.- .  2675 

25  Proof  of  registry, ■^'^'*2 

Defaults. 

1  Entry  of,  and  proceedings  tliercoii,. . .  338G 

Delivery. 

1  Of  things  sold 2600 


2  Ofthingsgiv 


2617 


3  Of  deeds, 2649,2652 


1014 


INDEX. 


Demaxd. 

1  When  necessary  before  action, 

Demand  tor  Trial. 

1  In  criminal  cases, 

Demurrers. 

1  Dcliiiition  and  grounds  of 

2  To  indictments, 

Deposttks. 

1  ]  )e(inition  of, 

2  Voluntary  and  involuntary  depositary, 
15  Bank  depositcs, 

4  Carrying  deposites, 

5  Re-delivery  of  naked  deposites, 

6  TTsing  deposites. 

7  Hoimbursemcnt. 

8  Di'positarics    for   hire — liability   and 
lien  of" 

9  Factor's  lien  and  liabilitj' 

10  ■Warehouseman's  liability, 

11  "Wharfinger's  liability, 

12  "What  the  term  "inn"  includes,  .... 

1 3  Liability  of  inn-kecper, 

1 4  "Who  are  guesis, 

15  lun-kecpcr  liiible  for  stolen  goods, .  . . 
10  Delivery  to  inn-keopcr 

17  Dcposite  of  valualiles 

18  Presumption  of  law 

1ft  Inn-keeper's  duty 

20  His  lien, .' 

21  Livery   stable    keeper's  liability  and 
lieu, 

Depositions. 

See  Interrogatories. 
Descant. 

1  Land  and  slaves,  vest  in  lieir 

2  Otlier  property  vests  in  administrator, 

3  Rules  of  inheritanoc 

4  rroi)erty  descending  to  /tine  covert,.. 

5  Riglit  of  pt)Ssession  of  estates, 

6  When  administrator  may  recover  from 
heir, " 

7  Inheritance  by  bastards 

8  Of  legitimates  from  bastards, 

Devise  and  Legacy. 

1  Assent  of  executor, 

2  Assent — how  given 

3  Assent  of  one  of  several 

4  No  form  of  words  necessary  to 

5  Gift  of  income, 

6  Construction  of  legacies, 

7  Parol  evidence — ambiguities 

8  General  and  specilic  legacies, 

9  Income  goes  with  corpus 

1 0  Interest  on  legacies, 

11  After  acquired  property 

1 2  Legacy  shall  not  lapse — when 

13  Ademption  of  legacy 

14  Substitution 

15  Election  by  legatee, 

16  Conditions — when  void, 

1 7  Payment  of  debts — abatement  of  leg 


3179 
4,^.''.4 


4102 
4.'i2») 

20H2 
20H3 
2084 
2085 
20SG 
2nS7 
2088 

2nsn 

2000 

2(i;ii 

2092 
2093 
2094 

2090 
2097 
209S 
2099 
2100 
2101 

2102 


18  Charitable  bequests — cypres,. 

19  Executory  devises, 


2451 
2451 
2452 
2453 
2454 

.  2455 
1752 
1753 

2419 
,  2120 
2421 
2422  , 
2423 
2424 
2425  , 
2420  j 
2427 
2428  : 
2429 

2430  I 

2431  j 

2432  I 

2433  ' 
2434 

2435 
2436 
2437 


DIL.4.T0RY  Pleas. 

1  Must  be  sworn  to, Z395' 

Discovery. 

1  Equity  may  compel, 3034 

2  Complainant  may  waive, 3034 

3  Privilege  of  party, 303& 

4  Must  be  full  and  free, 3036 

5  Must  be  under  oath, 303T 

6  Answer — how  far  evidence, 3038 

7  What  is  resiK)nsivc, 3039 

8  Answer  of  co-defendants,- 3040 

9  May  be  had  at  law 3733 

10  How  obtained  al  law, 3734,  3737 

Disinterring  Deau  Bodies. 

1  Punishment  for, 4438 

Dismissal  of  Actions. 

1  Plaiulifl'  may  dismiss  at  any  time,. . .  3380 

DlSORKEKLY    HoUSES. 

1  Defiucd — punishment 4422 

Distress  Warrant. 

1  Whuii  it  may  issue  for  rent 2267 

2  How  issued,' 5101 

3  Levy  and  sale  under 5101,  5102 

4  Replevy  of  projKjrty 5103 

5  Claims  to  the  projKjrty.  how  tried,.  .  .  5104 
DiSTRiiuTiox  OK  Estates. 

1  Rules  of  inheritance 2452 

2  Inheritance  by  illegitimates 1752 

3  Of  kgitiinate.-»  from  bastards, 1752 

4  Year's  support  for  family  of  deceased  4422 
— how  set  apart, 2531 

5  Furniture  to  widow, 2531 

6  Si-hedule — objections — trial, 2532 

7  Title  to  the  i)roi)erty  set  apart, 2533 

8  Provision  in  lieu  of  year's  support,.. .  2534 

9  Whore  there  are  two  sets  of  children,  2535 

10  Fees  und  cost.>< — how  paid, 2536 

1 1  Advancements  defined, 2537 

12  Proof  of  advanoements, 2538 

13  Portions  ia  trust  and  to  children  of 
deceased  chiM,  are  advancements..  . .  2539 

14  Advancements — how  accounted  for, .  2540 

15  How  estimated. 2541 

16  Divisions  in  kind — notice, 2542 

17  Appointment  and  duty  of  partitioners,  2543 

18  Retuni.  and  objections  thereto, 2544 

19  Widow  may  select  slaves, 2546 

20  Refunding  "bonds 2545 

21  Of  free  jiersons  of  color 1831 

DisTKiRrTioN  OF  Laws  akd  Journals. 

See  Imus  and  Jirnrnalf. 
Districts  asp  CiRcriTS. 

1  Supreme  court  districts 3158 

2  Judicial  circuits 31€3 

3  Militia  districts 453,  454,    45& 

4  To  what  district  c-ases  must  be  car- 
ried       47 

5  To  what  circuit  new  county  belongw, .      48 
See  Militia  iHstriri.s. 

Divorce. 

1  Superior  court,  has  exclusive  jurisdic- 
tion of  4974 

2  Total  and  partial 1669 

3  Verdicts  required 1669 

4  Grounds  for  total  divorce 1670 


INDEX. 


1015 


5  Discretionary  ground?, 1671 

6  Collusion — condonation — discretion  of 
jury, 1673 

7  Grounds  for  partial  divorce, 1672 

8  Confessions  of  party, 1674 

9  Proceedings  to  obtain, 1675 

10  Schedule,  and  disposition  of  property,  1676 

11  Transfer  of  property  pending  suit,.. .  1677 

12  Verdict ' '. 1678 

13  New  trial, 1679 

14  Judgment  or  decree, 1680 

15  Scruples  of  juror, 1681 

16  Effect  of  divorce, 1682 

1 7  Second  marriage, 1 683 

18  Effect  of  partial  divorce, 1684 

19  Custody  of  children, 1685 

20  Renewed  cohabitation, 1686 

21  Judge's  duty  in  cases  ex  parte, 1 087 

22  Rights  and  disabilities  of  parties  reg- 
ulated by  court, 4074 

Dockets. 

1  Of  Superior  courts 262 

2  Of  Inferior  courts, 292 

.•'.  Of  Courts  of  Ordinary,. .  .316,  4019,  4020 

4  Of  Ju.«itioes'  courts, 429 

5  Criminal  docket — how  called, 4592 

DO0UMEN"T.\RY  EVIDEN'OE. 

1  Laws  and  Journals  recognized  with- 
out proof, 3738 

2  Certified  copies  of  office  papers,  evi- 
dence,  3739 

3  Such  copies,  when  primary  evidence,.  3740 

4  Destroyed  records, 3741 

6  Proof  of  registry, 3742 

6  Copy  from  registry 3743 

7  Where  registr^y  is  destroyed 3744 

8  Presumption  of  proper  probate, 3745 

9  Former  laws  still  of  force, 3746 

10  Laws  of  C.  S.  and  the  several  States, 
recognized, 3747 

11  Foreign  laws — how  proved, 3748 

12  Effect  of  judgments  as  evidence,. . . .  3749 

13  Not  evidence  fer  a  witness, 3751 

14  Judgments  m  r-jn, 3750 

15  Judgments — how  attacked, 3752 

16  Notarial  acts— proof  of, 3753 

17  Books  of  account, 3700 

18  Acts  of  Congress  copied, 3753 

19  Final  receipts  of  guardian — when  ad- 
missible  1797 

DOMICIL. 

1  Definition  of. 1644 

2  Election  of  one  of  two, 1645 

3  Of  transient  persons, 1645 

4  Of  married  women, 1 046 

5  Of  minors, 1 647 

6  Of  lunatics, 1648 

7  Of  slaves  and  free  negroes, 1649 

8  Change  of  domicil, 1650,  1651 

Donations. 

1  Requires  two-thirds  of  Legislature  to 

grant, 4948 

Dormant  Jcdgments. 
See  Juxhjments  35  to  41. 


Dower. 

1  Definition  of, 1713 

2  How  barred, 1714 

3  Election  between  bequest  and  dower,  1715  . 

4  Election  in  ignorance, 1716 

5  In  several  tracts  in  different  counties,  1717 

6  Dwelling  house  and  furniture, 1718 

7  Not  barred  by  liens, 1719 

8  Life  estate  in  proceeds  of  sale, 1720 

9  Money  in  lieu  of, 1721 

10  Paraphernaha  of  wife, 1722 

Drafts. 

See  BiJh  of  Exchawje. 
Driftwood. 

1  Penalty  for  buying  or  seUing,. .  .1513,  1514 
Druggists. 

See  Physicians  and  Druggists. 
Drunkards. 

1  Contracts  of — when  binding, 2699 

2  May  have  guardian, 1 803 

3  Bond,  oath,  power,  apd  duty  of  guar- 
dian,  '. 1804 

4  Other  provisions  as  to  guardian, 1813 

5  Wife  entitled  to  guardianship, 1805 

6  Proceedings  for  guardianship,  .1806  to  1810 

7  Proceedings  to  end  commission, .  1811,  1812 

8  How  received   and   kept  in  Lunatic 
Asylum, 1306,  1307 

Drunkenness. 

1  When  an  excuse  for  crime, 4197 

2  When  caused  by  others, 4197 

3  When  a  ground  for  divorce, 1671 

4  When  it  disqualifies  witness, 3775 

Duelling. 

1  Punishment  for, 4402 

2  Seconds  same  as  principals, 4403 

3  If  death  ensue,  it  is  murder, 4404 

4  duty  of  peace  officers, 4405 

5  Punishment   for    proclaiming  one   a 

"  coward," 4406 

Duress. 

1  Definition  of. 2593 

2  Makes  sales  void, 2589 

3  Voids  contracts, 2716 

Education. 

1  Power  of  Legislature  over, 4944 

^CQ  Academies ;  Academy  for  Blind;  Acad- 
emy for  Deaf  and  Dumb;   Common  Schools 
and  Education;    Georgia  Military  Institute; 
University  of  Georgia. 
Educational  Fund. 

See  Common  Schools  and  Kdarctinn. 
Ejectment. 

1  For  land  on  county  lino, 3268 

2  Count  for  mesne  profits, 3269 

3  No  separate  .suit  for  mesne  jirofits,  3270 

4  By  tenant  in  common, 3271 

5  Against  distinct  claimants, 3272 

C  In  favor  of  such  claimants, 3272 

7  True  claimant  made  party, 3273 

8  Di.-^elaimer— etlect  6f, 3274 

9  Judgment   conclusive, 3275 

10  Who  may  be  co-defendant, 327G 

11  Consent  rule, ._ 3277 

12  Recovery  on  prior  possession 3278 


1016 


INDEX. 


13  "Writ  of  possession 3.')59 

14  Clause  for  mesne  prolits  and  cost,.  3r)59 

15  Sball  not  issue  against  strangers, . .  8560 
Election. 

1  When  case  of,   arises, 3092 

2  Bv  legatee, 300:3 

3  By  tire  court,- 3094 

4  Compensation  of  defeated   legatee,  3095 
6  Under  deeds, 8096 

6  Compulsory  election  of  creditors,.  1951 

7  By  widows 1715.  1716,  2584 

Elections. 

1  By  the  people,  by  ballot 4992 

2  Qualification  and  oath  of  voters  for 
Lr>gislators, 1222,  4990 

3  Voters  for  other  officers, 1223 

4  One  may  vote  anywliere  in  State — 
when, 1224 

5  Oath  of  voter  out  of  his  county,. .  1225 

6  Further  oath  if  required 1226 

7  Chango  of  counties  will  not  defeat 
rights  of  voter, 1227 

8  For  legislature — who  mny  liold,..  .  1228 

9  Suporintendants"  oath 1229 

10  Before  whom  taken 1230 

11  Election  precincts 1231 

12  Time  of  holding  the  pame 1232 

13  When  held  by  freeholders 1283 

14  Mode  of  conducting, 1234 

15  Penalty  for  failure  of  duty 1235 

16  Examination  of  list  and  l)al]ot,....  1230 

17  Pilank  fornix; — how  furnishod 1237 

18  Fraudulent  returns — penalty, 1238 

19  Improper  influence  on  voter, 1238 

20  Voters  fn  u  from  arrest 1239  j 

21  Elections  to  fill  vacancies, 1240 

22  How  ctMulucted  and  regulated 1241  | 

23  For  Governor, 1242 

24  EK'cted  biennially 1243 

25  Separate  returns 1244 

20  For  Congressmen, 1242  ' 

27  When  held 1245  I 

28  For  an  extra  session 1246  I 

29  Eligil)ility  of  candidate 1247 

oO  ri.xlamation  of  result 1248  j 

31  New  ele(,lion  is  case  of  tie, 1249  ■ 

32  Must  apply  for  commission, 1250 

33  For  Presidential  electors 1242  , 

34  When  held, 1251  i 

35  Governor  must  notify  them 126'2 

36  Vacancies — how  lilled, 1253,  1254  ! 

37  I'ay  of  electors  and  secretary,. . . .  1257 
o8  For  .Judges  of  Superior  Court 1242  j 

39  AVhen  iRdd, 1258  , 

40  Proclamation  of  result, 1259  | 

41  For  Solicitors  General 1242 

42  When  held 1264  ' 

4:>  ProclanKition  of  result, 1263 

44  For  fount r  oflici-rs, 1264 

45  Justices  of  Inferior  Court  and  Or- 
dinary— when  elected, 1205 

46  Time  of  electing  other  county  offi- 
cers  - 1260 

47  Time  of  (■l(iotin7  Treasurer ]-Ji,~ 


48  General  provision  as  to  time, 1268 

49  Public  notice  of. 1269 

50  lime  and  place  of  electing  Justices 

of  the  Peace, 1270 

51  Superintendence  of, 1271 

52  Returns,  how  made, 1272 

63  How  governed 1273 

54  For  Constable 1274 

55  How  conducted, 1275 

56  When  contested — proceedings,.. . .  1270 

67  In  case  of  Legislators, 1277 

68  Suspected  ballol> 1278 

69  Set  oil"  of  ilh'gal  voters, 1279 

60  In  case  of  Constables,  &c 1280 

61  Not  d.  tVuted— when 1281 

62  For  Senators  to  Congress, 1282 

63  Of  Judges  of  Supreme  Court,  Print- 

er, Bank  Director  and  State  Houso 
Offi(  er* 1288 

64  Of  ofliiers  unprovided  for, 1284 

65  For  malitiu  offiecrs 4994 

66  Elections  by  General  Asj^embly,.  .  4991 

07  If  an  oflicer  elected  be  ineligible,..     12(i 

08  Failure  lo  qualify  makes  him  inel- 
igible to  re-cleiliwii, 128 

Election  rKKciscTa. 

1  How  eMahlished  and  changed,  285,  1231 

2  But  one  in  each  mulitia  dibtrict,. .  .  1231 
Electok.m-  Coi.i.r.c.y.. 

1  President  of, 1255 

2  Secretary  of, 1255 

3  Rctord  of  proceedings, 1255 

4  Shall  choo.«o  messenger  to  convey 
vote 1256 

5  Pay  of  members  of, 1257 

G  Pay  of  ^'^cretAry 1257 

Embk/.zlkmknt. 

1  Of  county  funds — punishment,..    .  4331 
EMimACKnv. 

1  Definition  afid  punishment 4390 

E.MIKKNT  Domain. 

1  Right  of — when  nnd  Low  exercis- 
ed  2201  to  2204 

Enclosvukk  and  Fkncks. 

1  Kequi>itoa  of  good  fence 1399 

2  Enclosures  by  ditchee,  Ac  , 1400 

3  Owner  of  nnimul — when  nut  liable,  1401 

4  When  liable 1402 

6  AVater  courses  are  fences — when,..  1404 
G  Poisoning  crojis, 1403 

Endobsemknt. 

1  Need  not  be  ur.dor  seal 2725 

2  Limited  endorsement, 272G 

3  Contract  of, 2730 

4  Need  not  be  proved — when,  v 2796 

See  Kndorsrrs. 

EVPOESKBS. 

1  Undertaking  of. 2730 

2  Entitled  to  notice 2731 

3  May  be  sued  with  maker 2732 

4  For  accommodation  arc  sureties,. .  2128 

5  Holding  to  bail  bv 2134 

6  May  .'^lie  principal  for  money  paid.  2139 

7  May  foreclose  mortgage 2142 


INDEX 


1017 


8  May  attach  principal 21 88 

9  May  have /iee.r''a^  against  principal,  2138 
10  May  control  r?.  r'" 2149 

Sec  Endarsement. 
Entails 

1  Prohibited, 2230 

Equity. 

1  Jurisdictiion,  iu  Superior  Court, .  .  3013 

2  Grounds  of  relief j^'^^ 

3  Choice  of  former, 3015 

4  Follows  law, 3016 

ij  Complainant  must  do  equity, oOlT 

6  Will  do  complete  justice, 3018 

7  Deems  that  done  which  ought  to  be,  3010 

8  Equal  and  unequal  equities, 3020 

9  Of  volunteers,  is  inferior, 8021 

10  Of  party  misled, 3022 

1 1  Equality  it;  equity, 3023 

12  Ettect  o'f  notice 3!)24 

13  iJona  lido  purchasers, 3025  I 

14  Where  both  {.artics  at  fault, 302(i 

15  Will  not  relieve  in  ease  af  laches. .  3027  I 

10  Nor  if  there  be  remedy  at  law,. . .  3028 

17  In  case  of  concurrent  jurisdiction,  3029 

18  Masters  <.r  Auditors 3030 

19  i\[ay  a])point  receivers, 3031 

20  Enforcement  of  decrees 3032 

21  'Extent  of  jurisdiction, 3033  i 

22  Follows  law  as  to  set  off, 3072 

23  Extraordinary  remedies  enforcea-  .    • 
ble  bv  attachment 3157  | 

24  Wif»>"s  equity 1710  ^ 

Sec  Accident  and  M'lMakr :  Accounts:  Ad-  | 

ministration  of  assctis ;    Chanties ;  De-  \ 
crccs ;    Dcmurers;   Discoveri/i    1    to   9:  1 
Election,    1  to  5 :  Equity  Plervdin-ff  and  j 
Practice;   Fraud,  9  to  20;    Ipjunctif-n-f ;  < 
Mandamus,  1  to  5  ;  Ne  exeat ;  Par^ion. 
14  to  10:  Perpetuation  of  Testimoi^y.  (i  I 
to   19;  Prohibition;   Quia.    Timet;    Quo\ 
\Varra7ito;  Specijic  Performance ;  Trust 
Estates ;   Trustees. 
Equity  Pleading  axu  Practice. 

1  Proceeding  in  equity,  by  bill. 4087 

2  Discoveries — interrogatories, 4088 

?,  ATUcudnients, 4089 

4  Who  mav  complain 4090 

5  Persons  under  disability 4091 

6  Parties— distributees,  &c 4092 

n  Divisions  of  bills, 4093 

8  Gross  i-)iils;  Supplemental  bills:   and 
bills  of  revivor,  are  abolished 4093 

9  Bills  lor  discovery,  and  to  perpetuate 
testiuioaey ." 4094 

10  Bills  for  a.-^count 30G9 

11  Bills  for  discretion. . 3076 

12  Creditors'  bills, 3079 

13  Bills  to  marshall  assets :i077 

14  Venue 4095 

15  Mode  and  time  of  filing  bills 4096 

10  Subpoena  and  service, 4097 

17  Sanction  to  extraordinMry  writs— how 

ootamed— how  set  rsitlc. ^098 

IS  Service  of  siieh  Writs. .'. -1099 

19  Dismissal  of  bills  :  rig-htsof  defendant  4100 


20  Modes  of  defence. •.  4101 

21  Demurrer — ground.-}  of, 4102 

22  Pic'e,  and  impure  pieas — veritieation, .  4103 

23  Answer — exceptions, 4104 

24  Veruicaiion  of  answer — privilege  of 
defendant— amendment, 4105 

25  Kffect  of  amending  bill — answer  to  a- 
meuidineut, 4106 

26  How  defendant  mus;t  answer-effect  of 
answer,  on  mere  belief, 4107 

27  Verification  of  bill  or  answer,  by  non- 
resid.^ut, 4108 

28  Replication,  aud  order  for  trial,  abol- 
ished,  4109 

29  Notice  of  tiling  demurrer  or  plea, ....  41 10 

30  Interlocutory  decrees  and  orders,.  .  . .  4111 

31  Waster  or  Auditor — duty  of, 4112 

H2  His  report— exceptions  to 4113 

83  His  fees, 4114 

34  I'rial  term  of  equity  cases,   : 4115 

35  When  jury  nece^sarv, 4110 

36  Rules  of  evidence  aud  practice 4117 

.S7  Bills— when  taken  ^jro  confe.'iso, 4118 

38  Decree  for  specific  performance,  vest 

titlo  as  deed, :   4119 

H9  Special  verdict — costs, 4120 

40  New  trials,  in  oiiuity  cases, 4121 

41  Appeals  abolished, 4121 

42  Decree  defined, 4122 

43  Moulding  and  enforcing  decrees, 4123 

44  Money  decrees— how  enforced, 4124 

4.'>  May  b«  enfonied  by  atiaehment, 4125 

4t;  Transfer  and  fien  of  decrees 4126 

47  Injunctions,  &c.,  enforced  by  attach- 
ment,  4127 

48  Dormant  decrees — revival 4128 

49  Limitation  on  bills  of  review, 4129 

59  Proceedings  ix-parte,  by  petitiion 4130 

01  What  may  be  done  at  chambers, 4131 

52  Notice,  when  necessary 4132 

53  In  case  of  minor.s 41 33 

Error-  .        .  ^  oAn 

1  For  judge  to  go  out  of  written  charge,    240 
See  Bill  of  exception ;  New  Trial 

Escape. 

1  Aiding  es'-ape  from  jail, 4-5Tu 

'2  From  custody,  -  • 4:577 

8  From  Penitentiary, 4378 

4  Voluntary  escapes 4379 

5  Lialiility  of  officers  for, 3d67 

G  Shall  control  casa  after  paying  it, 3565 

7  liiability  of  county  for, 3568 

8  From  penitentiary— where  tried 4545 

ESCHKAT. 

I  1  When  It  ha.  pens 2027 

I  2  Alien  Heirs, ^^^^ 

I  3  Escheator  —rights  and  duty, 2629 

I  4  Duty  of  Ordinary 2630 

5  Claims,  and  trial  thereot, 20.^0 

1  6  Proceeds,  how  disposed  of,  •  • 26,31 

I  7  Counsel  of  escheator, 2632 

i  8  Claim  to  fund,  barred  in  six  years, 26o3 

i  See  Fi-ee  Persons  ofcohr,  38,  41. 

'     \   rcfiiiition— in  what  created, 2225 


1018 


INDEX. 


•  2  Absolute  or  fee  simple, 2226 

3  Fee  may  be  in  abeyance 2227 

4  Words  to  create  absolute  estate 2228 

5  Rule  of  construction, 2228 

6  Technical  words 2229 

1  Estates  tail  prohibited, 2230 

8  Rule  in  certain  cases, 2230 

9  Limitations  over — how  construed. . ..  2231 
See  Efitates  for  lift ;   Estale.f  for  years ;  Et- 

taies  on  conditions;  Eftafcji  in   remainder, 
and  lieversion ;  Tenancy  at 'will :  Ttnancy  in 
common ;  Trust  E'sUiks, 
Estates  F(  it  Lifc. 

Detiiiition 2'-':;-: 

2  How,  and  in  wliat  created, .  , 22.';.': 

3  Ksiatcs  dnrin;r  widowhood, 22!M 

4  Rights  and  liabilities  of  life  tonnnt. .  .  .  22:i.') 

5  Increase,  goes  to  whom, 2'J3(i 

6  Emblements 2237 

7  Hirer  from  life  tenant 2238 

8  No  tenancy  by  courtf'sy 22.''.!* 

9  Cruelty  to  plaves  by  iile  tenant, 22  lt» 

10  Sale  oi"  slaves  by  him a241 

11  Sale  of  lands  by  him 2242 

12  Tenant  shall  not  remove  personalty,..  2243 

13  Sold  under  iir(K'ess-l)ond  ofpnrchnner.  2244 
Estates  for  Yeaus. 

1  Definition  of 2255 

2  Differ  from  bailment,   and  relation  of 
landlord  and  lonnnt 2266 

3  Rights  and  liabilities  of  tenant, 2267 

4  Emblement '. 22ft8 

5  E.xpenses  and  repairs 2259 

9  Lease — construction, 'J2G0 

Estates  in  RrxiAiKHKR  ani»  Reveusiok. 

1  Delinitions 2246 

2  No  particular  estate  needed 224G 

3  Vestt'd,  and  contiu^jent  remainders..  .  224t 

4  Ridits  oflieirs 2248 

5  Perpetuities 2249 

6  Remainders  cannot  be  created  by  par- 
ol  2250 

t^  Vestinu  remainders  favore<l 22r<l 

8  They  may  l>e  created  for  persons  not 

in  beinir.". • 22.50 

9  Merirc^r 2253 

10  Assent  of  exct.'Utor 2252 

11  EstateB  durinic  widowhood 2254 

12  Limitations  over,  on  mnrriape, .    ....  2254 
Estates  ox  Condition. 

1  Definition  of 227."» 

2  rreeedeut  and  subsequent  conditions,  227 15 

3  Repugnant  conditions,  void 2277 

4  Disability — notice 227tt 

5  Dependant  and  independent  conditions  2279 

6  Breach  of  condition — effect  of, 2280 

Estoppk'.s. 

1  In  deeds, 2657,  2668 

2  On  carriers, 2048 

3  On  tenants, 2265 

4  Examples  of 3676 

Estrays. 

1  Who  may  take  up 1383 

2  How  disposed  of 1384 

3  Advertisement  of   1 38.1 


4  .'^alo  of, 1 386 

5  When  sold  on  freehold, 1387 

i;  Disposition  of  money, ]  388 

7  Reclamation  by  owner, 1389 

8  Trials  of  condicting  claims, 1390 

9  Compensation  of  taker  up, 1391 

10  Penalty  for  misconduct 1392 

12  Stud  horses  gelde<l — when 1393 

Evidence. 

1  Object  of 3670 

2  Sundry  definitions, 367 1 

3  Amount  of  mental  conviction, 3672 

I  Rules  of  UTiilorm  in  all  courts, .  3673,  4117 

'i  Matters  judicially  rcf^ognized 3674 

I'l  Presuiii]itioiis  (.flaw  and  fact, 3675 

7  Kstop|ii  1 — .xMiipl.-s  (if, ■. ..  3676 

s  /'/■///..//./<  pr-Mmiptions, 3677 

9  NumlaT  el'  wltiifsses  necessarj' .1678 

10  Must  be  relevant, '. 3679 

1 1  Oharai^ter  and  conduct  of  parties. . . .  .^680 

12  liurdon  of  proof, 3681 

13  Clinnging  vnuJ<, 3682 

14  Best  evidence  niiist  >>n  protliiccd, . . . .  3683 

15  Primary  and  (»ecoiidary 3684 

16  Written  evidence 3685 

17  (',..;,.    ,  ,    ,  ,.ords  and  wiUh 3686 

IS  ('  .'e 3C87 

19  li        ,         -  (m  w.illn.  .kc, 3788 

20  OUier  exivpliwis, 3689 

21  Secondar}'  evidence-  when  .ndinittcd.  3690 

22  Degrees  in  fecondary  evidence, 3691 

23  Kxistencv  of  original,  muat  bo  shown, 
before  c<jp\  .        i 3692 

24  Hearsay  e'\  ■  .  d 3693 

25  It  is  soineliii,.  -  -m, _,....! 3694 

26  I'edigree 3695 

27  7iVs  ,jr-Uu 3690 

28  Owlaratiuns  of  jiersone  in  jH>e8ee8ion,  3697 

29  Deel.iration  of  coiiKpiratorR, 3698 

30  Of  dc-ceased  persona, 3699 

3 1  Ikwjkg  of  HccoiintH, 3700 

32  Matters  of  public  interest, 3701 

33  Aiieieiii  docunietU*, 3702 

34  Aucienl  boundarifs  and  laud  mark.s,.  3703 

35  I  lying  declarations 3704 

36  Testimony  of  witnesses  since  dead.. .  3705 

37  Admiscidus  and  confessions. 3706 

H8  Aihaissions  of  party  to  nx-ord, 3707 

39  Of  tlie  real  party  iu" interest, 3708 

40  Of  third  iK.'reon.s, 3709 

4 1  t>f  agents 3710 

42  Of  privies 3711 

43  Adnasious  improperly  obtained, 3712 

44  Aciiuiesen<?e  or  silence 3713 

45  Entire  conversation 3714 

46  Weight  of  admissions  and  oonfesBions 

as  evidence 3715 

47  Ccnfesi^ion8  must  Le  voluntary, 3716 

48  Made  under  promise,  ilc 3717 

49  Facts  discovered  by  confessions, 3718 

.')0  Confessions  of  conspirators, 3719 

51  Confidential  communi<aitions, 3720 

52  Between  attorney  and  client 3721 

53  When  grand  jurors  may  disclose 3722 

54  Of  answers  in  etpiity, ...  3038,  4107 


INDEX. 


101& 


55  Of  co-defendants, 3040 

66  Parol  evidence  to  affect  WTitten, 3723 

57  Ambiguities, 3724 

58  Contemporaneous  writings, 3724 

59  Where  part  only  is  in  writing, 3726 

60  Surrounding  circumstances, 3727 

61  Usage, 3728 

62  Other  cases 3729 

63  To  shew  instrument  void, 3725 

64  Receipts, 3730 

65  Blank  endorsements, 3731 

66  To  reduce  deed  to  mortgage, 3732 

67  Discovery  at  law  from  parties, 3733 

68  Proceedings  to  obtain  it, 3734 

69  Wlio  to  execute  interrogatories, 3735 

70  Penalty  for  notanswenng,  or  answcr- 

mg  evasively, 3736 

71  Privileged  matters, 3737 

72  Private  writings — production  of,  ... .  37ft4 

73  When  paper  is  lost, 3755 

74  When  notice  to  produce  13  unneces- 
sary,   3757 

75  Explanation  of  alterations, 2795,  3758 

76  Proof   of    writing — when  dispensed 
with, •. 3759 

77  Wlien  subscribmg  witnesses  must  be 
produced, 3760 

79  Other  proof  heard — when, 3761 

80  Hand  writing— proof  of, 3762 

81  Comparison  of  hands, 3763 

82  Admission  of  executor's  and  legatee's 
when  admissible,  in  issues  of  devisavit 

vel  non, 2400 

See  Admissions ;  Books  and  Papers;    Confess 
sions;  Discovery  9,  10;    Documents;    Evi- 
dence; Jnterroijalories ;  Witnesses;  Justices'' 
Courts  20  to  27. 
Executive  Departmknt. 

1  Books  of, 7S 

2  Seal  of, 79 

Executive  Office. 

1  Where  to  be  kept SO 

Execution  of  Powers. 

1  Jurisdiction  of  equity  over  powers, .  .  ?097 

2  Discretion — defective  execution, 3098 

3  Collufive  execution, 3099 

4  lUuPorj'  appointment, 3100 

5  Consent  of  trustees  to  marriage, 3101 

6  Cases  of  no  discretion,  or  of  abuse  of 
discretion, 3102 

Executions. 

1  How  issued  and  directed, 3553 

2  On  what  to  be  levied, 3553 

3  How  directed,  when  Sheriff  is  party,.  3554 

4  Who  may  levy  in  such  case, 3554 

5  Affidavit  to  obtain  ca  sa, 3555 

6  May  issue  at  any  time,  but  appeal 
suspends, 3556 

7  When  returnable, 3557 

8  Must  follow  judgment, 3558 

9  On  judgments  in  ejectment, 3559 

10  Writs  of  possession,  not  to  go  against 
strangers, ; 3560 

11  May  be  framed  by  Judge, 3561 

12  Ca  SOS  and  proceedings  on,..  .3562  to  3566 


13  Levy  of  must  describe  property, 3569 

14  That  in  defendant's  possession  first 
taken, 3570 

15  Defendant  may  point  out, 3570 

16  Grooving  crops  exempt  from  levy,  . . .  3571 

17  Exception, 3571 

18  Notice  of  levy  on  land, 3572 

19  Land — where  to  be  sold — notice,  ....  3573 

20  Constable  shall  not  sell  land  or  slaves,  3574 

21  Must  return  levy  to  sheriff, 3574 

22  Unexplained  levies,  satisfaction, 3584 

23  Release  of  property, 3585 

24  Allowing  younger^. /a.  to  take  fund,  3586 

25  Agreement  never  to  enforce, 3587 

26  Stay  of  executions, 3588,  3589 

27  Control  of,   by  security  on  stay, 3590 

28  How  stayed  in  Justices  court, 4077 

29  From  Justices  court — how  backed  in 
another  county, 4077 

30  Selhng  property,  may  be  recorded,. ..  2671 

31  Amendment  of, . . ' , 3425 

32  When  lost,  alias  may  issue,  .  ...3892,  3895 

33  Tax  executions,  how  issued  and  di- 
rected,       810 

34  Against  trust  estates,  must  specify 
property, 3294 

See  cajnas  ad  satisfaciendum. 

Executors. 

1  Appointment — how  made, 2408 

2  Power  of,  before  probate  of  will, ....  2407 

3  Administrator  with  will  annexed,.. . .  2409 

4  De  son  JorC— liability  of, 2410 

5  Oath  of  executors, 2411 

6  Marriage   of    executrix,   abates    her 
office, 2412 

7  Interest  of — trustees  of  residuum,. ..  2414 

8  Marriage  of  executrix  de  son  tort, .  . .  2413 

9  May  be  required  to  give  bond, 2415 

10  Powers,  duties  and  liabilities  of, 2416- 

1 1  When  more  than  one, 2417 

12  Rights  of  foreign  executors, 2418 

13  May  invest  fuuds, 2503 

14  Assent  of  to  legacies, 2419 

1 5  May  make  returns  in  new  county, ...       38 

16  Shall  not  separate  slave  mother  and 
child,  or  husband  and  wife 2521 

17  Sales  by, ' 2528 

1 8  Suits  on  bond  of, 3295 

11)  Bond  may  be  sued  in  first  instance — 

when, 3296,  3298 

20  Principal's  property  first  exhausted, .  329^ 

21  Service    on    one   of    several — when 
good, 3300 

22  Pleas  peculiar  to, 3404 

23  Other  pleas  by, 3405- 

24  Judgments  against, 3492,  3493 

25  May  remove  proceedings  to  another 
county, 2568,  256» 

26  Renunciation  of,  is  final, 2405 

27  Admissions  of,    in  issues  of  dtvisavit 

vel  non 2406 

Ex  post  facto  Laws. 

1  Prohibited, 4905,  5042 

Extortion. 

1  Definition, 4393- 


1020 


INDEX. 


2  Punishment, 

Factors. 

1  Their  liability  and  linn 1987, 

Failure  of  Consideration. 

1  May  be  pleaded 2712,  2798 

Sec  Rccoiq^ment. 
Fal.se    ImPRLSON'MBN'T. 

1  Definition 

2  Uader  warrant — presumtion,  .  .  .  . 
"8  Artion  against  several, 

4  riinishment  for, 42<;;3,  42')-|, 

FaL.se    SWEABl.VU. 

1  Definition, 

2  Punisbment, 

.1  Sul)ornation  of, 

4  Convietiun    for,    disqualitits    a8    a 

•witness, 

Fear. 

1  To  excpse   homicide,  uiust  be  reA- 

.sonablo, 

FsES. 

1  Of  clerk  Supreme  court 

2  May  be  increased  or  dimiii itched,*. 

o  Of  Sberilf  of  Supreme  Court 

4  Continpenf  expenses, 

0  Contingent    cxpenpen   of  8ujieriiir 

court, 

G  Of  Ordinary 

7  Of  clerk  of  iSuperior  court, 

8  Of  elrrk  of  Inferior  court 

y  Of  Sbcriffs 

KtOf  Jaib.r.* ;)(i22, 

1 1  Of  Justices  of  the  Pcucc, 

12  Of  ConFtjibles 

13  Of  Coroners, 

14  Of  Ctiuuty  Surveyor 

lf>  Of  Surveyor — how  paid, •'>"»2 

IG  Of  Countv  Trcii-surcr, 

17  Of  Nctari.'s  Public 

18  Of  Tax  ColKvtor 492, 

19  Of  Tax  Hee.ivers t^'^i^ 

20  Of  (iovernors  Stx-relaries 

•21  Of  Secretary  of  State 

22  Of  State  Treasurer 

2:5  Of  Ciiuiptrollcr  (ieneral 

24  Of  Surveyor  General 

26  Of  Librarian 

2(M0f  officers    of    court,    not     to   b* 

charged  to  Statc% 

27  Statement  of.  demandable 

28  Forfeiture  for  excessive  charges.. . 

29  Officers  to  keep  table  of. ', 

m  Treble  cost  payable— when 

31  PenHlty  for  improper  ehartr*^ 

32  Jury  fees,   how  collected  and  dis- 
closed of. ' 

3:1  Of  Ma'iter  or  Auditor  in  equity.  . . 

S4  Of  Solicitor  GonX>ral 1578. 

?>•)  No  fve*  fillowed — in  what  cases.  .  . 

-^6  Of  Attorney  General 

;>7  Of  Solicitors  in  Supreme  court,, . . 

38  Of  "W'itni^ses.. . .  *. 

39  Of  State's  witnesses  out  of  countv, 

40  For  licenses  to  retail  liquors, \ . 


4394 
2090 
3402 


29.32 

2". '.•!;•! 
2'J.S4 
4205 


4:{.'.7 
43C8 
43&9 


4301 


4228 


.Vila 
.'U-.ll 

3i;i(; 

C017 

a<;is 
;»(.i".t 

;i«.2(» 
.•!'-.21 
472ii 
;j'i2:5 

ci;2J 

.1027  I 

H6Ui 

8ttU 

867 

807 

867 

8i;7 
hfi7 
8«7 

8«V29 
3R80 

mz\ 

3GS2 
80.38 
8684 


4032 

4114' 

4454 

1.-.79 
ir,8(l 
1681 
37G4 
37*i8  ■ 
601 


41  For  selling  less  than  gallon, 501 

41  For  peddling, 501 

43  For  exhibiting  shows,  &c., 501 

Felons. 

1  Accessories  after  the  fact  to, 4384 

Felony. 

1  Definition  of, 4203 

2  Compounding — punishment  for,  . .  4385 

0  Second  coiivicLion  for,  longest  im- 
])risonmenf, 4562 

4  Conviction  for,  disqualifies  for  of- 
fice,   4 '73,  4921 

Fkvialbs. 

1  Their  disabililjet*  and  exemptions..  1587 

2  Pregnancy  of  after  conviction,  .  . .  4.'»53 
Fkme  CovrnT. 

^f'C  Hushnnd  and  Wiff:  Married  Womm. 
Fkkckh 

See  Kuril. xu res  and  Fcucra. 

FERHirH. 

See  Bri'hir.^.  Frrrict.  Turnpikes  ami  Cautr- 
u-ni/.^. 
FlKiu  Facias. 
See  Exrrufiiih. 

FiXKS.  * 

1  Kxeesi-ive.*.hallnot  beimj>oscd.!'.tOl  5067 

2  Slrtleiiieni  of.  may  be  required,. .  .  4692 
See  I'rtinl  In^m. 

FlUIKG    TIIK    WOOUS. 

1  Bv  whom  anil  when  to  l>e  done,  .  .  1 105 

2  ^'oti<•e  thereof, 1406 

3  Petia'itv  au'.iin-t  vie!,.';  >i  - 14u7 

4  For  ii."u-:i,;.  r:..  .  .1108 

P'iBK    I.N.xrKAN'   y. 

See  Intmraun 
FiKU. 

See  luKpcedoii  anil  JuMjjrriorg. 
FlhlllSU. 

1  Laws  regulating 1567,  1558.  1559 

Fl.Ol  B.    MlAL,    AND    QbAINS. 

See  JiLsjj'  rfi,,;!  (I lid  hiypfctors. 

FOBCIDLK    E.NTRY    AND    DkTAIJIKB. 

1  Definition  and  punishment, 4410 

4411.  4412 

2  Sunimarv  trials  by  jury 3988 

3  Tales  jurors .' 3989 

4  Title  not  cxuiiiiual/le, 2090,  4412 

5  Oath  of  jury 3991 

6  Ke^tit^tion  of  possession, 3902,  4412 

7  Service  of  non-residents 3993 

8  bumaiary  trial,   no  bar  lo  indict- 
ment  «^4 

FoifcEJGNF.US. 

See  Aliruf. 
FouKKJN  Bills. 

See  BdUof  K.  ■■;..j,ri. . 

FoBKKi.N    Ai'Mi 

1  Bights  of  i:.  •2571  to  2574 

Foreign  txEt.noKj*. 

1  Privileges  of.  in  Geor^itL, 2418 

FoHEieS    GrARDIANS. 

1  May  recover  ].r<>iiprty~how.  1834  to  1839 
Foreign  Insi  i  '•  iks. 

1  Airent^pf.  n^....  2791 


INDEX. 


1021 


Forfeiture. 

1  What  it  IS  in  Georgia --^  *  ' 

2  Conveyances  to  alien, -'^35  | 

3  Other  forfeitures, 2636  . 

4  No  conviction  shall  work, 4900 

Forgery.         0 

1  D(  finitions — kinds,    and    punish- 
ment  4337,  434.3  to  4349 

Former  Recovery.  , 

1  When  a  defence, 2So» 

2  Parol  evidence  admissible, 2839  j 

3  In  cases  of  tort, 299.J  \ 

4Ploaof, 3407  | 

Forms*.  I 

1  Of  affidavit,  bond  and  attachment,  320o  | 

2  Of  habeas  corpus, •■^91*^  ' 

4  Of  Pleading, 3301  to  3312  j 

4  Of  Affidavit  and  warrant,. .  4;)9t),  4597 

5  Of  Commitment, 4619 

Fornication.  ,^in  I 

1  Definition  and  punishnieiit, 441 J 

2  Ab.-olvcd  by  marriaire 4419 

3  With  negroes— punishment, 4445 

FoRTiKuiMiNO  Bonds. 

1  In  cases  of  illegality, 3-j98 

2  are  valid  in  otiier  cases, 3")99 

3  Shall  not  prc)udico  plaintiff, 3000 

4  Of  claimants" 30<')3,  3654 

^'''^^"-  ..'on 

1  Detinition  of, -•jJ'j 

2  When  concealment,  amounts  to, . .  2591 

3  A  voids  sales, 2589 

4  Avoids  contracts — proof  of, 2715 

5  liv  acts  and  silence, 2908 

60.  carriers 2051! 

7  Vitiates  award 28-M 

8  rurchaser  without  notice  of, 2596 

9  Jul  isdiction  of  equity  over, 3103 

10  Actual  and  constructive, 3104 

11  Mi.srepresentaiion, 3105 

12  Suppi  ession  of  truth, 3100 

13  By  signs,  tricks,  &c., 3107 

14  Oontiilential  relations, 3108 

15  .Inn.ils  deeds,  judgments,  &c.,...  3109 

16  Inadequacy  of  consideration.  &c.,.  3110 

17  Surprise,   confusion   of  judgment, 
&c.: -81" 

18  Fraudulent  trade  marks,  &c., 3112 

19  Marriuy't  l.rokerage  bunds, 31)3 

20  Secret  marriage  settlements, 3114 

Fbauuvlent  Assignments. 

See  Assignments  1,  4,  8,  9,  10  11. 
FraUiulent  Levies. 

1  punii-hment  for, 4333 

Frkkdom. 

1  Affidavit  and  bond,  in  suits  for,  . .  3945 

2  Examination  before  Justices, 3840 

3  Bund  of  defendant 3947 

4  It  he  fails  to  give  bond,  the  person 
delivered  to,  movant, 3948 

5  Return  of  proceedings  to  Sup^-rior 
court 3919 

6  Petition  of  plaintitf, 395t! 

7  Amendments, 3951 


8  Burden  of  proof, 3952 

9  Appeal ^^^'"^ 

10  Final  judgment 3954 

1 1  Expenses  of  procheni  ami. 3955 

12  Power  of  court  to  form  writ, 3956 

Freedom  of  Sfkech. 

1  An  element  of  liberty, 4895 

2  Shall  not  be  abridged, •  5050 

3  llesponsibrlity  for  abvise,  of, 4895 

Fkeeiiom  of  thought  an»  opinion. 

1  An  element  of  liberty, 4895 

Frkepom  of  the  Press. 

1  An  element  of  liberty, 4895 

2  Shall  not  be  abridged 5050 

3  Responsibility  for  abuse  of, 4895 

Free  Persons  of  Color. 

1  Who  fwe 50,  1611 

2  Slatux  of  mother  fixes  child's 51 

3  Landing  from  vei«8el8— penalty, . .  1330 

4  Forfeiture — how  enforced 1331 

5  Free  negroes,  defined, 1332 

j      6  Report  of  ship  master — passports,  1333 

7  Landing  without  par.8p>rip, 1334 

8  Captains  shall  car-y  Ihcm  away,. .  1335 

9  Left  by  captain,  shall  leave  state. .  1336 

10  I'ower  of  city  councils 1337 

11  Subject  to  patrol  laws, 1368 

12  Shall  not  be  licensed  to  preach, .  ..  1376 

13  Their  rightB 1612 

14  Included  in  slave  laws 1613 

15  Immigration  of,  prohibited 1614 

16  Sojoittning  in    free  state,  shall  not 
return  to  Georgia, ^^!^^ 

17  Colore>d  seamen 1616 

18  Rpgisfry  of — proceedings 1617 

19  Objections  and  action  thereon, 1618 

20  What  registry  shall  contain 1619 

21  Prosecution  for  not  registering,. .  .  1620 

22  Benefit  of  registry — how  lost, 1621 

23  Discretion  ot  ordinary, 1  622 

24  Insane 1308,  1816 

25  Guardian  of  insane— duty  and  lia 
hility 1816 

26  Proceeds  to  confine  insane,  1817  to  1820 

27  Guardians  of — bow  appointed,.  ..  .  1821 

28  May  choose  guardian — when, 1822 

29  Guardians  of  those  under  14  years,  1823 

30  May  be  bonnd  out — when, 18i4 

31  Binding  revoked,  for  cruelty, 1825 

32  Power,  duty,  and  liability  of  guard- 

1826 


33  Must  contract  through  guardian,.  .  1820 

2701 

34  Credit  to, 1827 

35  Judgment  aijainst  guardian, 1828 

36  Insolvent  hired  out, : 1828 

37  May  hold  property   exce.pt  slaves,.  1829 

38  Slaves  conveyed  to,  escheat, 1829 

39  Lands  of— how  sold 1830 

40  May  make  willn, 1B31 

41  UiBtribiiiion  of  estates  ot, •  1831 

42  Removal  uf  guardi*n8, 1832 

43  Bond  may  be  rtqnired 18.;2 

44  Compensation  of  guardian, 1833 


1022 


INDEX. 


45  Domicil  of  free  persons  of  color, . . .  1649 

46  May  t;e  hired  out  for  taxni 821 

See  Bail  in  criminal  cofirs  ;  Pnlrol  Lawt  ; 

Penal    Code  for   Slavet  and  free  Perton$ 
of  Color. 
FuGJTiVES  FuoM  Jim  ICE. 

1  From  forfigo  bIMph 60 

2  From  am'tiur  Suio 61 

;;  Delivery  of,  may  be  suspf mied, . ...       G2 
4  How  disposed  of,  when  noldeiiiftod- 

ed. fi=ii 

f)  Execuiiou  of  warranin  Ag)tiLi!^( 01  i 

Fur.lTIVK    fcsLAVKS. 

See  Master  and  Slave,  83  to  l''. 

FUNDAMK.NTAL    FaiNCll'J.MiS. 

1  DecUrati'.n  ot 4888  to  4«15  | 

FuRMiMiiNO   Liyr<iK  to  Minor  Son. 

1  Pnn-MtB  right  of  aolioa  for. 2'.*o'2. 

FURNISIII.NO     Ll«ltill    TO    Sl,AVK.S. 

1  I'unisliment  for, 1  tlM 

Gamih-kks. 

1  rrofessional  gamblero,  deemed  ra- 
^ninis '*^->'''  '' 

Qamin<i. 

Definoil— punishment,  U26  ) 

2  With  imndrs, 41-6 

3  With  lUnk  ..fScers  and  olerks 4427 

4  riayem  coiupeienl  witnt-nsea 44_'8 

5  Judtje  Mliall  give  aoU«  in  charge, ...  44'-'t 
(■»  With  negrnet., 4J<t6 

7  With  niiuors — action  for, 2958 

8  Cheat  in;r  at  play, "145tj 

U  ('o'linictH  void, 2/17 

10  Winnings  recoverable  ba«k.. 2717 

QaMINC     Hot  SK!>. 

1  I'unislimcut  for  keeping;,  J42S 

2  Susjieotud   liouHew  may   bo   brukim 
opon ^^'^ 

G.VMiNO  Tahi.k.s. 

1  Ucfiru'd — pimishmeni. 

2  Pormittin;;  minors  t.j  hrt  hi.    . 

OAnSlStlMKNTS. 

1  At  cotiimon  Ihw MQl 

2  How  oluainvd Mi>'2 

;5  By  agt-ni  or  attorney •■'^'   • 

4  IJy  panner.^  and  joint  creditors, . . . 

A  How,  ai'd  by  whoiu  issued, ;■. 

6  W  here  garuishee  resides  out  of  coun 


il24 
1426 


«y. 


.1466 

7  Service  and  return, Ii-1'"'7 

8  How  di^^solved, ii4t;8 

y  DiHpoBiuon  of  funds  raised, 34('i9 

10  (Tarnishee  pays  iuterePt — when,...  3470 

11  Judgment  agnintl  garuiehee, 3471 

12  Answer  of  garai^h«e, •  3472 

1 3  Colbt  t  eral  securities, 3473 

14  Against  Attorneys  at  Law, 3474 

15  Receiver  not  subject  to, 3475 

1  ri  Laborer*  waives  exempt, 3476 

1 7  For   li'gftcies,  iio., 3477 

IS  Against  executors  and  administra- 
tors,    34<8 . 

19  By  Comptroller  General  lor  taxes,    806 

20  By  Tax  Collector  tor  taxes..  .5112.  5113 


Gkngkal  Assembly. 

1  Time  of  meeting, 172,  4918 

2  Length  of  ecssion, 173 

3  How  organized 174 

4  Oath  of  members 175,  4939 

5  Presiding  officers,. . . .  ^ 176 

6  Elections  by, 177,  4991 

7  Doorkeepers  and  messengers 17S 

8  Duty  of  committee  on  finance, 180 

9  Duty  of  ciinilling  committee, 182 

10  Unfin<H)i<-d  hu«>ine«s 183 

11  Pay  of  Kick  memb'Tc, 185 

12  Pay  I  1  ilereascd  members, 186 

li  Pay  of  nicnibers — h<>w  audited 187 

14  Qualification  of  sub-elevks, 19S 

16  Oath  of  bub-clerks 189 

16  Election  o.  tiieiubers  of, 1232 

17  JiegiaUtive  power  retted  in 4'.tl7 

18  Quorums 4918 

19  Phv  of  members' 4'MV 

20  Dir>quali6oation  of  roembars 4920 

21  Their  ele<  lion  Mid  qualificftiion  how 
judged  of, 4932 

22  £a«-h  house  may  punish  eontempts,  498S 

28  M^mhors  free  from  arrenl 4934 

24  Journals — publication  of, 493S 

26  Keading  of  bills, 4936 

26  Signin-  of  bills 4937 

27  Adjournments 493H 

2H  Votes,  by  yeas,  and  nays 4940 

29  Powers  of 4941 

80  New  coaoties,  and  county  linaa,..  .  4942 

81  Censu 4M8 

82  Promotion  of  l<«niinf 4944 

33  I'ardon  and  commutation 4945 

84  Inhil'itions  upon,  power  of, 4'»46 

82  Internal  improvemeniH, 4'.*49 

86  tiualifi  aiions  ot  »..t»T8for  members  4'.<'jO 

GbOK(.IA    .MiLITABY    iBSTITUTk. 

1  Su  psri  ntendent , 130 

2  Hi!>  rnnk  and  <  i  137 

8  When  aUenl.  w'  .is  place,  113ti 

4  Miluarv  Store  k'  •  i«r,  ai, 113B 

6  Allowed  extra  pay IHO 

'■  I  '  'led  (0  prcloreiice  in  disiribu- 

;  arms, 1141 

1  of  lnspe<  torn — their  appoint- 
ment and  duty.  1142 

8  Board  of  Vi>iu>r-         1148 

9  Disqualifications, 1 1 44,  1 154 

l(t  Slate  Cadet« — huw  appointed,  1145,  114ii 

11  When  tranaferr-d  to  pay  list, 1147 

12  Shall  leach  two  years, 1148 

13  .Meciii)/;  of  im-pectors;  quorum;  ra- 
c.iLciwj, 1149 

14  Their  expenses  paid, 1 150 

16  They  shall  appoint  Secretary  »ud 

Treasurer '  1*^^ 

16  llis  coiuptnsation  and  bond, 1 151 

17  Uis  quarterly  report*, 1 152 

18  lleport  of  Inspectors, 1 158 

19  Kules  of  the  Board,  . .  •  • 1 155 

20  Expense.  :  '  '  1157 

21  SaUrv  of  '  H^ 


INDEX. 


1023 


22  Rc'?ignation  of  officers l|j^ 

28  Suits  by  or  agftir.sl  Institute, ii'^» 

24  Carl  1^13— liow  triod, ;  •  •  • 

25  Embraced imnilitaryforceof  State, 

26  Con.-titutps  Engineer  corps, 

GrPTs. 

1  i:s.-entials  of  valid  gift, 

2  Acceptance  of, 

3  Eftect  of  written  deed, 

4  D''livery, 

5  Void  conditions, .••••/■ 

6  AVhen  void  as  ai;ainst creditors?,  icc 

7  Of  slaves— wbcu  valid, 

8  When  presumed, 


1063 
900 
997 

.  2614  I 
.  2615  I 
.  2616  i 
.  2617  I 
.  2618! 
,  2rA%\ 
.  2620  j 
.  2621  ' 


9  Of  lands— when  presumed ^'•-- 

10  Loans  to  married  dauc;htcr8 -''^-J  ; 

11  Bv  one  lately  a  minor, -^-* 

12  F.'>r  illegal  purposes -J--^  I 

13  Donaiio,  ca?<sfl,  mortis, •  • ''^-     \ 

14  Hyinsolvontsvoidagainstcreditors,  l.<o4 

GoodBkhavior.  j,-7- 

1  Warrant  and  bond  for, y'-'  \ 

2  Suit  for  breach  of  bond, ''O-O  j 

3  Bond  may  be  extended  from  term  , 
to  term ^^'^  ' 

GOTERNMKNT. 

1  Fundamental  principles,. .  4888,  to  4Jio 

2  Should  be  well  understood, 4^2f. 


3  alteration  of, 


4889 


4  Protection,  the  duty  of, 4.0 

.5  Kight  of  petition  to. 489b,  50.^0 

(;  l)<'nartmcnts,  district, ^Jit. 


•p; 

1  His  election '-^^' In-i 

2  His  term  "♦"  "<+''■'"  "*•  '* 


31  May  employ  special  agents, «o 

32  may  stay  collection  of  taxes, 76 

33  Must  draw  warrants  for  money —       '_! 

34  Shall  keep  certain  office  books 7H 

3')  Shall  appoint  three  aids-de-eani]t, .  10-33 

GovKRNous  Mks.sf.sc;er. 

1  His  appointment, 73,  li-O 

2  Hi^  duties, \'i\ 

3  His  salary 1^;,^ 

4  S])ecial  Messenger i— 

GOVEUNORS  SECRKTARli:.-. 

1  Appointment  of, ' ".  4W,8 

2  Their  salary ^^'^ 

Grand  Juries. 

1  ^Qualifications  of »^^ ' 

2  List  of— how  made  uj) ^81.1. 

3  Number  and  mode  of  drawing,. ..  3823 

4  Number  impannelled 3824 

5  Precept  for  summoning, 382.> 

6  How  served— form  of  notice, ,  882() 

TOath  of, ,. ||2; 

8  Foreman  may  swear  witnesses,. . .  rfo--' 

9  Oath  of  thl^  witnesses, 

11  When  hound  to  notice  offences,..  .  3828 

12  Mav  recommend  correction  of  er- 
rors in  tax  digest, 38-30 

13  Shall  examine  county  otfice«  and 
records, 3831 

14  Shall  examine  list  of  voters, 38.>2 

15  Duty  of,  a.s  to  public  buildings, ...     476 

16  For  new  counties— how  made  up, . .       3-j 

17  Not  liable  for  malicious  prosecution,  2927 

18  Oath  of  bail  ill'  to  attend, 510.") 

See    County    Tax  8  ;    (Jommon  Schools  and 

J-Jduration  1,  3. 


•m  of  office, ■»•'•'»     „ 

3  His  qualifications      ^i^^^Yormof, 2323 

4  Vacancy— how  filled, lo*,      ^  ,,  .      ,_. ,„,,  oo.9i 


4V'o9  , 
4961  ' 
4061  ' 
4961 
4062 
4063 
4064 
4065 


5  His  oath— how  and  where  taken,  bi  4.i._>8 

6  Is  commander-in-chief, 

7  Shall  call  elections  for  vacancies,  . 

S  ?.Iay  convene  Legislature 

0  And  recommend  measures, 

10  3Iay  fill  vacancies, 

11  Re)ected  appointees, 

12  Muv  revise  bills, •  •  •  •  • 

13  His"  veto  power, •  •  4J64, 

14  :May  appoint  two  secretaries, 4.<b8 

1.^  Must  reside  at  capitol, 81 

16  Must  defend  Georgia  in  suits -.4 

17  His  inauguration, -J*' 

15  Must  see  the  laws  executed, o» 

1'.*  May  call  out  militia  therefor, oS 

20  May  call  out  military— when. ..  ..      -k) 

21  His  dutv  as  to  fugitives, bU,  bl,  t'.i 

^2  Alay  oHer  reward  for  fek.ns 6o 

23  Mav  dispose  of  imported  negroes  ,b 

24  llis  pardoning  power, .  .  ._  6(,  4713,  4yi)U 

25  May    ai)point     commissioners 
deeds, •• •. 

26  Shall  c(mmiission  oiliccrs, ....    ...       o^' 

27  Shall  issue  grants  to  land ^0 

28  And  supcrvi.-e  public  property, ...        H 

29  Shall  assign  rooms  in  capitoh  .^. ...       ij 

30  His  power  of  appointment,,  i-,  i6,       .4 


2  Errors  in,  may  be  corrected, 2-324 

3  I'roceedincs  therefor, 232') 

2326 


2328 
2320 
2330 
2331 


of 


68 


4  Objections — their  effect, 

5  Issue,  formed  and  tried,.  . . 
(■)  Law  questions — decision  of, 

7  Tapers  and  evidence,  filed, 

8  When  original  is  lost. 

9  Efi'c't  of  corrected  grant, .. 

10  How,  and  for  what  caus'-s  set  aside,  2332 

11  Impeachment  of, ...2333 

12  Grantee,  takes  nought  by  implica- 

I  lun,    ~  o  , - 

13  When  presumed, -^^-J'^ 

See  Head  Rights.  ^ 

Great  Seal  of  the  State. 

1  Description  of, 86 

2  Kept  by  Secretary  of  State, .  .  .  8o,  4067 

3  Punishment  tor  forging, 4347 

Growing  Crops. 

1  Exempt  fi-om  levy  and  sale, 3o(  l 

2  Exceptions, "'J'! 

Guano. 

See  Inspection  and  In-ipectors. 
Guardian  and  Ward. 

1  Kind  of  guardifxr," lo3 

2  Natural  guardians, 17«>4 

!      3  Testamentary  guardians, 1755 


1024 


liSDEX. 


4 

6 

G 

7 

8 

9 

10 

11 

12 

13 

14 

15 

10 

17 

18 

I'J 
'20 
21 

22 
23 
21 
25 
2t) 
27 
28 
2tt 
}{<) 

;n 

;52 

83 
84 

35 
36 

37 
38 

;;it 

4(1 
41 
42 
43 
44 
45 
4'. 
47 
4^ 
ti' 
f>() 
51 


51 


Widows  may  appoint, 

General  guardisn, 

Of  non-resident  min  r. 

Who  iti  MHlitlod  to  puHrdiansliif 

When  vested  iu  clt-rk,  orblranger, . 

Guardians  of  bustards, 

Noiice  ol  application, ... 

Oath  and  b""'!  of  jrtiur-ii.'in 

May  bn  taken  in  vacalio«, 

A<i(iiin>nal  bond — when, 

New  !-ureli('.s — when, 

TrDceedingH  in  case  of  misonduct, 

Sureties — hnw  releaned 

Liabilii  J'  of  new  and  old  sureties, .  . 
llevocaiionot  li-tters,  doen  not  abat* 

suits, 

iSuii  on  guar.iians  bund, 

Kileci  of  judgment, 

Keinoval  <>f  proceediugH  (<>  atiuther 

touiiiy 

Li.ibiiiiy  of  hurelies, 

(fiiardiari  ur/  liifm 

I'ower  and  duty  ol  guardian, 

]leiiu'ui> 

Krnonditures, 

Orplian  V)nund  out  —  when 

Hi  ireatnieiit  of  or|pliRn, 

Forfeiuire  of  conitui(<8iou8 

8al>  H  by  guardian 

lli>niiiig  lands  liy, 

Hiring  hlarpg,    

iSiavet*  may  bo  worked  together,..  . 
i'laniaiion   may    be  cultivated,   or 

bought 

luvesliniMitH  in  blocks 

CofiiUi'.ssini.s  aud   com^aiisatiuu  of 

guardian  

None  allowed — When 

."^urytieH  of  mooved  piHrdian 

('■■niriicts   b^    guardians 

.May  Appoint  ailorney 

Selil-  tiiciit  bef'ire  ordinary, 

At  f.'-uardiaus  instance 

Einuiaiaiion  and  hearing, 

("ontimiHtu-e, 

Other   )ir-ceedinti9 

I'oW'Ms  i)f  OrJinar}', 

Eiiforoeinont  of  de«.-i«ion, 

i"  inal  receipts 

Kigiit  of  ward  to  n'invivligj;te,.  . . 
fiuardiars  may  resign— oouditions, 
L<>tt<M-s<>f  dii^mi<?ion — b<'wgrant<'d, 
Ertrot.«  on  hand — how  disposed  of. 
Guardian  shall    administer    estati» 

of  deceased  ward 

Guardians  may  be  appoint<*d  for 
l<li«ii>.  Lunatics.  Deaf  and  Dumb, 
Drunkards  and  imbecile  persons,.. 
Oath.  tmrd.  powers,  and  duties  of 

such  guardians 

Wife  ha'r  preference 

Proeec  dings  to  obtain  commi^eiun, 

K<-turii,  and  appointment 

Appeal  from  return, 


750 
757 
758 
75'.t 
7tiO 
761 
7«2 
763 

7r.i 

705 
7(iO 
7G7 
7(18 
7ti8 

760 

77' 
770 

771 
771 
772 
773 
774 
7T5 
77'^ 
777 
778 
77'.i 
7kO 
781 
'f^l 

783 
784 


785 
78ti 
78? 
788 
789 
T'.K) 
7i»l 
7i»2 
793 
704 
7l>5 
79G 


7'JS 

-f)  . 

80<J 
801 

802 


803 

804 

8')5 
806 
6H7 
81)8 


fiO  Second  application, 

t)l  S'jbpfrr.aj  for  witne.sr.cs:, 

•■|2  Comini.-sion — how  ended, 

t)3  Issue— trial 

♦i  1  Laws  applicable, 

G4  CoiiCiiciiient  of  ward, 

t>8  Foreign  guardians  raaj'  recover 
property— how, 1834  to 

GO  Suit  on  guardian's  bond  in  lirst  in- 
instance — when. 32'.i7, 

''7  Principal's  j.roperty  flrst  exhaust- 
ed  .' 

GUARANToU. 

1  Htdding  to  bail  by, 

2  May  give  notice  to  sue, 

GtrsPOWDITR 

1  Transportation  of, 

2  Forfi  itiin-  for  not  niarkine: 

8  Regulations  for  keeping 

Habea.s  ('oktuh 

1  In  what  rn8'»s  issued, 

2  Apjilication  for 

8  H  w  vi-rili<-d  aud  pro*onled, 

4  W  hen  t-  >  be  granted 

0  r.-rni  "f  writ, 

G  Rcl'.irii  daj'  of  wri 

7  H'Tvice  of. 

8  Party  d'-taiBod,  may  b*i  uri«.i«.-d — 
when 

0  Kcl'irn  —  when  to  be  miuTo 

10  Wh<  14  pro.  e>s  must  b"  produced,.. 

1 1  ittiiii  n  lo  be  tinder  oath 

12  Mii-t  s!  ow  transfer  of  custody,. . . 

13  Traverni.  of  n-tnrn, 

14  liy  whom  heard,   when  issued  by 

.lusliiM-  Ol    1  IjT  .  jer  *.-oui  I 

15  IVT.alty  ing 

If"  In   wbui  ,  ,.iv  is  not  to  bo 

diicliargod .' 

17  \\'H»  or  child  brought  up — bow  dis- 
posed of, ! 

18  i>'^':evt  in  prccecdiogs,  do  ground 
for  disehiirge 8!'2G, 

r.»  ^ow«^rh  of  iLe  eouri 

20  laipiisoiicd  wimes^ea 

21  Costs 

22  ReeuT'!    of  procet^dings, 

23  Noiice  of  the  bearing, 

24  Not  to  be  suspended  except  on  re- 
bellion or  uiTasion, 4892, 

Half  Llood, 

1  Rule  of  inheritance  by, 

IJaM'WUITi.NO. 

1  Hon  pfuTeu, 37C2, 

HaBBOE!>'0 

1  Staves — ponishmcDt, 

2  Seamen  —  jien  -Ity 

3  Wife — husband's  right  of  action  for 
IIkap  Rights. 

1  La;.d  aiibject  to 

2  Past  grants  valid,    

3  L-iWs    continued 

4  Land    court, 

5  Application  for  warrant, 


]809 
1810 
IMl 
1812 
1813 
1814 

1839 

3298 

3299 

2134 
2133 

1412 
1413 
1414 

;i't09 
3910 
3911 
3912 
.3913 
::'.i]4 
:;915 

891 G 

3917 
.3'.tl9 
39  lb 
3920 


;;92l 

8923 


3924 

:;'t26 


4626 
3927 

3928 
3929 
3930 
8931 

5041 

2452 

37G3 

4487 
1501 
2949 


2337 
2338 
2339 
2340 


IJ^DEX, 


1025 


f'»  Who  has  preferenop,    ''^^}, 

7  Caveat  and  trial '2<i4'Z  : 

8  Warrant — duly  ft  Surve\or, -•'^4?. 

Ij  Certificate  ofcrant,  and  issue,...  ^-^44 

10  P«Dnlt,y  for  lalee  return, '-^815 

11  Vlatf ,  VeLorded  hy  clerk,    ... -350 

12  (.TraritB— when  to  issue, 2847 

13  AppliMut's  interest    esotopt    frou. 
Hfilc,  till  grant  issnee 1!;.48 

M  Oratit  rnuBi  l.e  applied  for  in  '2  years  2?,V^ 
Health,  IIo'imtai,-,   Inkhction,  aM)  CM  ar 

ANTINt;. 

1  Ho.'-pitai^ — how   e-^Jahli-fhed, .  .  .  .  \>>li) 

2  Regulation  of  (jtiiraiuioe IH\0 

3  Quitrantinf  grounds, ^'^^"i 

4  Kf.'moval  of  vefsels  thither, l-l^ 

b  ShipaiaM<'r>  to  -how  bill*  of  Ueulili  Ki-O 

t>  Penally  for  f;iilure, ....      \'(iLO 

7  (iu:(rHutinc  of  inland  travellers,. .  .  1;'>-!1 

8  Duty  of  pilot",  >nt€i  lOg  vessels. .. .  I^-!-!^ 

9  Quarantine  of  persons  aboard, 1'^.';-. 

10  (toveriiors  rroilaaiatiou  as  to  con 

I  •"'"J 
tagions, '"-3 

11  Violation  of  c|iiHraiitine,  indictable,  1H2.J 

12  Also  concealiuent  of  email  pox,    ...  !"-[' 

13  Disp'jsition  of  fluffs  and  forfeitun-,  l-'Vi" 

14  Pertormance  of  quarantine- -certifi- 
cate,   ^'f-^^ 

15  Fees  i-t  <  criiticate, -J^-^ 

IK  Fees  nf  health  .  ffioei  ---how  pai  1   .    1320 
17  Escaping  quaranilti.  l!"*!'' 

JIearsay. 

Soc  KvliLeiu.f  24  to  06. 

liEiRR  at  Law. 

1  Rnloh  for  (H'fct.riiiininu;  who  hk  ,      .  24.'>2 

2  luheritanoe  by  bustards, 17-j2 

5  Of  lo';itiinatos  from  bastard:*, 17ijH 

4  Moy  s'.i.^  for  land  and  slaves— wlun,  24")4 
f>  May    be  Mied   tiy  adiuinistratii  — 

Avhcl:, ". '•'-'l''''' 

IIlBTSU 

1  Contnu't  ol -^^>^'> 

2  Title  of  hiror, 2057 

3  Obligation 8  to  deliver, -Hi.'8 

4  Obiu;;itioLS  of  bailor, 2059 

5  Engagement  of  hit  or, 20C)0 

6  Ef^'ect  of  violatioD, , 2061 

7  W  ho  mav  sue  for  tortp, 2062 

8  Effectof-loss  or  dt^struc.t'.on  of  prop- 
erty,   "(''- 

'J  Hiring  of  slaves, 2Uu4 

10  Where  slave  run  away, 20C.5 

11  SickncvP  of  flave, 2GGt5 

12  Death  ri  slave, 20G7 

13  Neglect  in  sickness 20o« 

14  Power  and  duty  of  hirer, 20C/.) 

15  Liability  for  other  employees,.. .. .  2070 

16  In  ether  respects, -071 

17  Where  and  how  slave  to  be  used,  2072 

18  Re-let,tii.g, -Op 

19  Levying  on  thing  hired, 2074 

20  Hire  of  labor,  essctceof  bailment,  2075 
•21  Rule  of  duty  in  such  cases, 207G 

65 


22  Tui^  to  thing  on  wliieh  labor  is  be- 

^^towed 2077 

•1/.  WHun  labor  isdonr  on  shares 2078 

24  Right  of  poi>f^>»-ion — lien 2079 

25  Loss  or  def^truetion  of  thing  bailed,  2080 
2b  Bailiuput,  i;t'n<-iallv  an  entire  eon- 

traet,..  ■ 2081 

HoLIU^V^. 

1  DKrignato,,  2733 

ifoMK  tt)K. 

1  T>.-tinitioris  !iii<i  k'n..^, 4216 

L'  Kiir.nv  slavt   in  >«>vdt  justitiabh'..  4283 
;;  .Iii-titial)le,  not  |iunisbabU. 4232 

Hospitals. 

1  Kstabli-'hn-.rDi  ol 1315 

House  ok  KEfi<r>BNTATiVKK. 

1  Number  ol'  memb»'ri-\ 4927 

2  (^ualiti>allon  of  int-ml>ers, 4928 

3  Speaker  of— his  election, 4929 

4  Kevt  nin;  bills,  niwat  originate  in...  4931 

5  Mavi-  ^oU:  power  to  impeaeJi 4930 

llvisHASo   AND  Wife. 

1  Nature  of  the  reUiioh 1700 

2  M  jvital  rights  of    husband, 1701 

;s  Property  given  i<>.  or  acquired  by 

wile, 1'03 

4  Tone  to  wife, 1704 

5  v\  ite's  aoquisiiions,    when  separate 
ironi  h.usband, 1704 

('  .Agency  of  wif«;,  when  presumed.  ..  1705 
7  Husbands'  liability  foi  necessaries,  1706 

S  General  agency  of  wife 1707 

\)  Wife  may  become  free  dealtr,    ....  1708 

Id  Sut vi vorship, .  .  1 709 

1  i  Wife's  equity,.  .  . 1710 

12  Husband  is  sole  heir  01  wife, *  .  1711 

1.^,  Wife  is  sole  heir  01' husband — when,  1712 

14  Wile's  parapliernalia, 1722 

15  .Viipe.irauce  of  wife,  against   hus- 
band  1723 

li)  When  wile  inny  sue  and  be  sued.  .  .  1733 

17  .'sale  ly  wife  to  husband, 1735 

IS  incimpetent  ai?   wimcsses     for   or 

agtiiust  each  other, 3782 

iisQ  AliHOfiy  ;   Divorce;  'Marnage;    Marri- 
(iqe.    Contrucis,' and  Sctllemenl.s-. 

Il'lOT?. 

1  i  ncupable  of  crime. 4993 

2  Court  decides  as  to  thteir  cooipeten- 

ey  :i3  witnesses, 3776 

i:(:e  jAinadcs,  Idiol.i,  and  Insane  persons. 

Illkoalitt. 

1  liow  taken  toexecution 3591 

2  Does  not  lie  before  levy  or  arrewt,  3592 

3  Return  sind  trial  of, 3693 

4  Daiii!,- es  for  delay, 3594 

5  By  whom  filed 3596 

(■>  .May  go  bel  iud  judgnient — when,. .  3597 

7  To  Mortgage  Jl  Ja 3897 

8  Pi-operty  may  be  sold  by   other  J*.  ^ 
/a'ff,'  pendiug  illegali'V, 3595 

9  Proceeds  >  f  sale  retained, 3595 

10  Affidavit  v.f,  amendable, 3430 


102-0 


LXDEX. 


iLLKGlTlJIAJf.^. 

Rec  JJ(tiilar<J.<  :    JM-Hi  lin.liov  of    KtUUcf. 
Jl'jrx  at  JjWV,  - 
Jl>LK<.Al.   "NoTiNO     '       * 

1  Voting  more  \\\au  oiici. .  I  ■ 

'J  15u\iiijjor  8t?lliDg  vor-  *  ;  i  i 

3-  Voiiiig  by  uiinorB  .  r  ; 

Iwi'KAi  IIM  )■  NT 

1  By  lli'ti.if  ot  IU•pr^•seIlluli»«^, 
J  Tii«il  I'T,   Settiiie. 

IWI'hJftJ*'MJ.>T    rOK    PfcliT 

.  1  I'ruijihiud  »:•  tu  iii.'-viivi  I. 
See  liiKolrrn!   Jh'hton. 

InTK-N  IM.M' V    rrHLlCATIoN'. 

]  Puui-iiri,i-tit  Tor  rirruUlinp i.  i 

Incbbt 

1  Definition  auiJ  jiunislinuMjt  U:- 

iKCl'W.'iUANCK. 

See  Lun  :  MoT!jn.]f» 
IndK'  iMi:VT 

1  Form  oi,  ,    , 

2  Siiflicn'iit.  to  cliurgc  ollence.  iu  leinji" 

of  (^  ae .- 4.'\1<. 

i'l  Exi-ei  lii  iih— when  to  Im- iHki-ii,. .  .     ;    " 

4  I'mn  rutor'M  iiHiiie  <'iidoTK(Ml  vu 

0  Cop}    4*1    b«   lurnJMied    (ieKudniit,    ;... 

ti  Arrmgiirii-ul  mid  jjIcji  eutcrol «  n        1  .   '- 

7  11(11  He  Mteitling — bow  rharged. 

8  Caii'i'  >ie>«!ir  (^ — l;v^w  cLHtged, 
'.I  Hofi;  pteMliunr — tiow  (.barged,. 

l(t  Trinbl'-  H\  t)r»i  u-rtn 

II  .\(/,''.  ;'r.>/»^>f.i— wbcji  ullowcd,  . 
I'J  liaireu  h.v  two  relurnn  of  ""no  hill* 
1:i  l.iuiiiNiiotiH  (it  indicinjciiih 

See  /■  tf't'iricrt :    Ftifiur*rfirut 
1nia.n«;\. 

1  I'Um  of,  iKTsunal  to  lofiitit  'Jt.'.ti 
'J  No  dct'c'hoe  in  ca«e>ii  uf  Ut 

See  /t'l/tfiiy 

InKaM  I<  lUK. 

1  Advii^ors  of,  aceei^aories  before  fnci,  41'^  > 
-  Concealing  death  of  child,  ool  proof 

of  jtiiamicide 4'1^*\ 

::  I'uni.-liiuent.  for  cQiic>>»Uik^  d««tb,    4'i^7 
Lma.ntm.  I 

1  Under  ttn,  incapable  uf  ciimi-, .  .    .  411>1  I 

li  Suite  b.Y 8187  j 

:l  ConiractHol-whoii  binding.  ili'.'Jl.io  •Jfi«<i  ^ 
JSco  Ai/«firv' 

In  kk(  TUiN 

See  Iira!ih,   I/ot}»fo{4,  InftrUon,  and  IJuar-  j 

rantiiK.  ■ 

1  Consi>"  ot    fiTe  JuBticcs,  J7 

'2  KU'ciivn  and  oath  of  Jusiices, .  .  .  .     •J7(>  j 

5  Three  .Insiicee  necessarj  to  liold..     'JHl 

A''  in  and  authority  of, 285' 

•"•  '  .iurisdiction  of 286: 

I'  K>ji:h     iivitiion,  poet pc>ne«  case,  281.  282 

7  Held  iwico  a  year 31C2  ' 

8  T»bl(>  of  Pessioas 31C3  t 

9  Adjournin«ntfi  of. 81«8,  8169  ! 


1 

Imi 


M:i\  'Ji>-charge  iusoU^Bt  ciituioalf, 

:.  cases,. ."..;... 1582 

iniMi|ij>na4^Piiee.  tec.  1187 

y^^irm  Court ;  Jnferior  Court 

'  ■^<«\  Jintirrt  of  tli<  Infiri- 

<■",  i  /o  7. 

I'lU  COD.NI  V  PnHrcSKS 

>     ■     ■  held .1(122 

III  ov.  r 402:: 

•  eiiuf^M  ol.. 1021 

.llftltend,.  ;n_-. 

: 2N'.,  1027 

to  b<-  iii  i\  riiiug. .  .  4028 

i"  .  ^■  •  .,   ■^•■ftt,.  .   ■  "  102'l 

I  Noiif.*'  It'  parlies.  .  if  .n 

I  M  i.ii-    .  ,.t  proce«'diL^  iO  :| 

M* '... .  ','•■.; 

■h  coiileniptf>, .  ;ii  {.: 

u        -  .^^  jiirj  tai, 4(Ni2 

1'    '  T>i  ;   Jiittir(4  €</ /r/mor  Cotirt. 

i.d  10  half  offorfi  iiutes      .       r,!*? 

1.  «il   nciH'i.'  '  •  L>i>. 

,  hn-  pre''  '   I    ■  _     7 

1  1.1      MTt. 

Nc'l  diiiied,  though  vol  i-iiuniera'i'd  4U14 


1-tii  t\liai  |i(ir|i(i»c  ^inniei!  .    . 

<>};»ti1nM»   tti  ^■I'-plM'li,  Niid  f  f 
'  I  1  i<nilHr)>, 

el     l»W. 


H  ^(.l 


iifBiires  ■  I 

e   hv   at«« 
Ir...:  l.Ji.f. 

ten   Tut  It  iir  IniMtiii 

1  lm\ 

2  ji.t-ii   ...11 I  -, ,  2101 

See  lifj'cuiiti.  VI  io2t> 

6««   Ciivner*. 
Insakitt. 

1  ri«a  ot— how  tried 

2  Efleci  of.  after  coijTiciiuL, i  -   J 

TxiLVINT    PrilTOHh 

1  I'rotn  tea  from  iniprisobiuent,.  .  .     1^13 

2  How  dit>charged  from  arrest,. 

,  3  May  gire  bond >.  ..  .         1  <  •  . 

4  Proieedinps  on  failure  to  a]>pear, .  lyyC 

f>  Sureties  may  surrender, 1996 

n  Notice  10  rredilora, j  '.'7 

7  To  uon-reoident  ci  editors .7 

8  Mom  file  schedule.. 

9  Schidulo  ataeadable,  i    ; 


INDEX 


102* 


10  Grouo'ln  of  ""hjeoirftti     •    i—   .'Dzt.  l'^"'-' 

1  ]  Trial  of  \<>9vi>- 

I'J  Or<lpr.  il  jury  tinU  f-n-  nV- 
.13  Ua'b....'. .  ...    ...  -  ••'- 

^4Effect  of  di!»cbarjre. .  ->'•" 

l."i  Fulse  oath,  is  J><-«jury     .  .  ■ ' 

10  Must  fltliver  {irof.eny 

17  Di^po8:Ii(>u  of  i^roperrj _      . 

See  I'finof!  lioitnd!' :    J'nipertjf^fv^l  f.-o-i] 

iMepECTlON    .AM>    lN-rh<TOBS 

I  Inspector.-  of  3  lar — .ipfK.inlaj-'u 

'1  Whai  JN  uieictj.in;.i.'ile  dour i> '^ 

o  Size  and  lonitir-  •■'   fMrrei.    .  i  >''" 

4  Irifpeclion  and  hrnu<iiug 

5  In8|>ector's  Iee!< 

()  I'.nalty  ior  fraudnlenr  packing,.  .     1")U7 

7  In.->iiector  <  aunol  buy l'***"^ 

8  Forfeitur<i    1<t   selling  withuut  lu- 
spection, 1  •>'*'.'  , 

*1  Inspector's  oiiih 1->10 

10  tnspf'ction  of  ruoal  an^l  graius 1-311 

11  Inspectors  of  wood,  timber,  turpea-  . 
line,  tobacco,  guano.   tVc. \-i\'l 

I'i  Rules  and  regulations 1">1- 

13  Penalty  for  buying  or  selling  drift- 
ed timber  or  lumber, 1>1:!.  1014 

14  Inspection  of  piicL,  tar,  &c lOl'i 

15  <iuality  &<•.,  of  turpentine  barr(?ls  .  l*)i'j 

16  Mark  of  suc!i  barrels, 1'j!7 

17  Power  of  corporate  autborilies,.  .  .  lol*^ 

18  Inspector  of  li<iuor«-how  appointed,  l-'il'-' 
1V>  His  oaih  and  duty l-VJ*' 

20  Penalty  for  aeiliug  drugged  linuors.  15:21 

21  Penally  for  evading  inspection.    .  .  Vi'l'l 

22  Fees  of  inspector lo--' 

28  Penalty  for  making  drugged  linuors  1-3114 

24  Monthly  inspection \ol'> 

25  Penalty  for  seiliog  without  inspect- 
tion 152') 

Insirance. 

1  Contract  of  tire  insurazice -744 

2  Interest  of  assured 274-'i 

3  Insuring  interest  of  another, 274' i 

4  Of  property  changing, 2747 

5  Contract — how  construed, 274s 

0  Loss — how  it  may  nccur, 274'.' 

7  Los;  unknown  to  the  parties, 2750 

8  Diligence  of  assured, 27-31 

0  Application  must  be  bona  fide, 27-32 

10  Misrepresentation, 2753 

II  ConcealmeHt,    2754 

12  Increasing  risk,  voids  policy 2755 

13  Willful  misrepresentation, -27513 

14  Alienation  of  the  property 2757 

15  To  one  of  several  assured, 2758 

16  Partial  sale, 275*^) 

17  Transfer  after  loss, 2760 

18  Transfer  by  operation  of  law 27GI 

19  Second  insurance 2702 

20  Insurer  may  prescribe  regulations,  270;^ 

21  Waver  of  compliance, 276-3 

2-  Amount  of  recovery, 2764 

23  Value — how  estimated, 27C5 


1f\  L.r'*  :uM(r:»"hce 

27  \Sj  iTii   111  t.iKen 

28  T"i  \rn<<..    !•;  be  j'aiOl, 
J"  \:-^  >  m-luiAtice 

1  T  •>!   d«ath  relcAsen  III- 


J7(iG 

J  insurei ■J7G7 

-0..6TrAcT 27(58 

-'770 
....     :i771 


•2773 


"Rl  Titne  — UiiW  counted 

"■J  >Uri'i"  iuxlira'ii-e — con  ii.  ;  :!77  4 

•-'alawltii  4:onimerce.  -77-3 

')oiit!>»  in-urauce. .  .  .  ■_'77i> 

•    I   iiijpiied  warranty  ot  as-nrcii,.    .  .     "2777 

.  lllegil  voyage,  voids  jiolicy 2778 

"  'Jeviaiions. 2770 

-    -PeriU  of  ;he  sea,"  defined 278u 

.    Ooutinuaiiou  of  risk, 2781 

40  locrease  of  ri.-.k, "^i^" 

41  Open  pL.liciei«, 278  5 

42  Value— how  ascertained 2781 

4;'  Law  of   marine  insurance 2783 

44  Mutual    insurance— contrrtci, 278^ 

45  By-Laws  of  company 2787 

4G  C»fficers,  a:;eut-«  of  aO 278-^ 

47  Reduction  of  funds— liability 278U 

IM  Stricter  good  faith  required  in    iiiu- 

i.nal   insurances, 2700 

4'>  Agents  of  t'on!ii;«  companie-*   nmsi. 
obtain  liceri.se 27'Ji 

l.SSl-ltRECTl()N.S. 

1  Detinitiin  and   punislimeii!, .  .4214,  4705 

2  Circulating  insurrecliooHry  pa+iers  4210 
;;  ijovernoi  may  call  out  miotary,  .  .       00 

Intburmt  AM)  Usury. 

1   Lawful -^0-'^ 

■1  Usury -^-^ 

■:■,  Ktleci  of  Usury 2024 

4  Back  interest  not  usury, 202-j 

.'.  /  o  Uict  lex  f'jri,—v,-hvt)  each  governs  202'i 
Ii  laieresl  on  juiiinieuts 2027 

7  Payments— tiow  applied  to  interest  202-S 

8  Liii.iidateddem.ind.s,  bear  interest,  2020 
0  Interest  on  merchant's  accounts,.  .  203') 

hi  Interest — how  charged  against  trus- 

2559 


tees. 


11  When  and  how  compounded 2500 

12  Interest  on  contracts  for  rent 22G9 

1 3  Interest  on  legacies, 2428 

Intehnal  Impbovemest. 

1  Lfifislature  cannot  contribute  lo, ..  4949 


3801 
3803 
3804 
3805 
3806 


Intebroc;ator;es. 

1  On  what  facts,  testimony  taken, 
'J  Mode  of  obtaining  commission, 

3  When  it  issues  without  service, 

4  Service,  where  several  parties,. 

5  Commissioners- how  selected,. 
(j  qualifications  and  fees  of 3807 

7  Must  be  fairly  executed, 3808 

8  Witnesses  compelled  to  answer, .  .  .  3899 
'.)  Where  to  be  examined, 3810 

10  Writing  answers — memortinda, .  .  ..  3811 

1 1  Rules  for  execution  of, 8812 

12  How  received  and  opened,    ...  "8813 

13  Must  be  returned  when  executed,..  3814 


1028 


IiNDEX. 


14  Failurt  to  reiuru,  a  coui»;m|il,.  . .  . 
IC)  liXkepiiouB  III,  wnen  lo  oe  lukea, . . 

H>  \S  htrti  reati  on  tirsi  irial,  Ki 

17  III  oa.»ft^  ■>«  arhiiraiioii, 

IH  III  yii^t-.  or  Hiirt'  hirietu,  iN:c 

I'.)  Iti  .lusiii-ef  couriw, 

1nikiu)1;km  U.N    Land. 

1  Pruc.  tiiii'K-   aj;Kiiiei, 

'/SiifiiH  ma>  niJuiini-ier  uHtti 

h  Kwiurii  ol  »Hi>l.ivit — iriii  ot  i-uue, . 

4  Vi-Kiici  —  writ  ot  j.(iff<'r>-i<iL, 

1  (i>\«fiuui.  iiiiiy  cilJoi-i  iiiilntiry. 

iNVKHil.lNfi 

1  Wiiiti;  i.:uliirvr»  —  pudiwlmierji .        .  . 

2  S«;aiiieti — pHti-iliy,    . 

ISSIJK    AND     1n(:KKA»K. 

i    ItU-leiib*-  'il  aillUJ.ils — uWlUT 

li  Ot  t'ln\cf<  lollow  mil'. 

3  ot  iiuiiiiiilr  uii  land — <>»*uer, 

4  Born  /ituittnli-   hi*:  rf*  »iv.i  .tltl*-.    .  .  . 

I»»VK^ 

1  (Joh>tll«-Tul  -Imw  irifii, 
Tri.NEKAM     I'l-.KSUN.S. 

1  May  t»'  tciliowi'd,  uikI  linlil  («>  I'itU, .. . 

2  (.liar^ril  f:ri»i«,  may  Us  I'.ntueil, 

Jaii-k. 

I  Kiiw  to  Ik-  (Hjiislnic'f-i. 
Jxii.  liui'.sns 

Jail  Keek. 

1  iiit<olveiil  criimuuls  ditK!Jwtij;«*(i — Low, 

2  Sifurily  lor,  iu  wrtaiu  casff, 

4  Hiiuti'ttid,  (k'ftMiJuiitlolMilifccliHrijtd, 
6  NoUiK-  U>  pJainli(V  iu  (•«»ri;iii>  «M>««i,... 

.Tau^ohn 

1  f;litrill-<>!  fli<Mr  appoiiit"-''-     ' 

2  'i  htir  oiUli  ami  boiul,.  .  . 

iJ  Ki-eoni  ot"  oalli  juid  bond, 

4  fcliall  lu'ep  (;.  8   iirJKiuen*, 

6  hlitrill  lialtlf  (or  iiusoonducl  of, 

6  .lailororSlu-rifl  inay  boBUHi — wlidJi,. . 
"J  i'un.Kliiniut,  for  rcje«.'.uug  jirisouer,.  .. 
h  trhall  keep  slaves,  imder  seut*iu*, — 

9  KiH'S  ii\  siK'li  onses, 

ZOK-isoi; 

Joint  Oyv EMitKa. 

1  May  River  on  their  trinl, 

2  Klll-ot  of  L-outiiuiamje  by  one, 

JOXXT  i'KOUiSOUS. 

See  ih-Oblujcrrs,  tt i«l  /'rotutnim 

Joint  Tkxaxcies. 

1  Are  aLwiifihed, 

Judges  ok  Snt*ERiOK  Cccrt 

1  Kk'Ction  oC --3, 

■1  MiaLl  \\A\'f  adequute  Baltriea, 

3  Tii*. ir  ttrm  of  office, • 

4  Ouiu  of, 

&  Vacaiioitv- — how  tilled, 

6  Tiiue  of  I'ltviintr 

1  Term  of  un>»e  elected  lo  till  vaaiDLy,. 

8  ApiKiintee  holds  out  tenn — when, 

9  \V  ho  are  iliKible, 

10  Shall  uot  practice  law, 

1 1  Kol  deprived  of  oftice,  iif  circxiit  clianges 


3814 
;-i8ir) 
;-{8i.> 
4144 

4<)t..", 


S'.)79 

aw ! 


I4irt 


ollb 
4(iU7 


4:iM2 

3j:i2 

3.<33 
3i«4 

:i3i 

333 
334 

33a 
335 
4380 
4Vi6 
4726 
3>;22 

4574 
4575 


22Jii  ^ 

4f»73 
49S5 
•126 
229 
230 
•J  3 1 
232 
:!33 
234 
235 
236 


12  Musi  hold  court  t^vice  a  year  iu  each 
coiiuty  of  his  circuit, 

1 3  J,urisdiciion— extent  of, 

1 4  .VI  usi  discharge  legal  duller', 

15  Shnll  givf  writteu  charge — wlien.  .  .  . 
IG  Chaise  1<>  be  tiled, 

17  Th'^ii  authority, 

18  ilay<N'TcisiefuDCtiouH  out  of  circuit  iu 
certain  <  -diteB 

IU  Kxer<.ir»<'  express  ix>wer8oiily — wheu, 

20  Wh«.n  Jud«e  iHdll^'^uallli«J, 

21  Iiupi  H.liablo — when, 

22  Oau  r)'  rfiinii  iii  lunclion  out  of  I'^tatc, 

■J3  8iifcti  II  it  try  ix^rlaiti  caen's. .  .  •. 

24  Thf  il  -.ilariet, 

2d  Shall  s)H.'nally  charge  grand  jiwy,  as 

to  (•■•nam  luwn, :;173.  4429, 

26  To  <  xi-ncs  opinion  ot  lactH,  error 

27  ilaj  111, ike  ruleB  of  practiot 

2!i  ^li  ..iIht  rules  void, . 

29  May  urdi'T  fund;)  invested. 

30  May  nniuiro  rceeiverx  to  give  l.>oud. . . 

31  May  adinmiuter  <%ithn, 

32  May  utlexl  deeds 

lUUUEH  OK  TUB  SrPkfMK  COURT 

1  Klectionof, 204.  1283, 

2  Their  term  of  otfltv,    


237 
238 

239 
240 
241 
24:: 

244 
245 
24li 
247 
24K 
199 
167.S 

4494 

3172 

3l7<i 

3171 

272 

274 

243 

2«Gh 

497(» 
204 


»>  \  ,v   ir  ■:.  h — Uuw  liili-d, 

7  Pro.  • .  liiigM  when  dimpmli^e*! 

8  liov.'  iinauimouHtieoiNiour  may  Ih»  te- 
VOI»  'I 

9  Tu. 
10  U 


^^0, . 


di'agTfl*- 


1 1  May   I'K'i'l  di". 


.)  i'ri:i<.i|>Hi  auu 


(     t.    ..     I    V    ■       I' 

h  In  fa\<'r  ot"  or  i<gaiii<)t  tin 

9C.'l:        - ■■'       

10  At  


rs. .  :i492. 


1-i  L.cii  ol,  uli  U. 

l.S  Po  11. .t.  Mod  '■/ 


i::.iiuu«tn,. 


II' UII  btate. 


:ild  fur. 


1  arrest, 

-  ,  ,  .,gs, 350S, 

21  (j^  •  — how  st:-i  aaidc, . 

22  il«.  •,  'icre  luaOc 

23  Cauijoi  .-  liy  attacked 

24  Of  cvurT  .  .iitdiciioii.  void,.. 

25  AVhen  set  asidi:  lu  e^iuiiy 30G2, 

2t>  A mendoieot  ol', 


20b 
20S« 

21(1 

212 

212 
2G6h 

3487 
348  s 

:i489 
349(1 
3491 

349:; 

3494 
349:. 

3490 
3497 
349S 

3  4  IK' 
3500 
3502 
3501 

35o:; 

3505 
3506 
3507 
3509 
3610 
3511 
3512 
3513 
3515 
3424 


INDEX. 


1029 


27  May  be  attacked  br  civcillDrs  and  pur- 
chasers*     ^{5 1 5 

28  TrHHslVr  ol   judgmeuts, 3ol6 

29  By  :uio!iiey  of  record, '•io\  i 

iO  CoDie5.-ioii  of  judj^uK'Ut, ;!518 

31  Jiidgo  iTiay  confess  irj  Jiis  own  ooiirt  .  ;!;)lfi 

32  Right  I'l'  (.oulcssioi! 3020 

33  Riglit  lu  appeal,  Uf^ed  not.  be  reseivoii.  itJlH) 

34  Need  not,  be  renewed  on  roll :!.'>2I 

35  When  ilorm.uii.  niHy  be  revived,  ....  3;">22 

36  Beconii-  dormant —  when, 28 jTi 

37  Debt  "h  donnant,    indgnn-nt. 352;! 

38  Sci7'.  fti'si-ix — where  I'roiighl,..  3r):i4,  ^525 

39  Rcvi\;il  f)l,  against  non-re-sident  •    .  .  .  ;!.')2() 

40  Judgiiit  lii  ot   rcvivai, :!.V27 

41  For  u-e  mI  a.ssignee o5'J8 

42  Inatlachinent — )»o\v«et  aside, :'.2;ut 

43  In  atlaclinienl — when  general, ;'.211 

44  In  ej(  c'tmeut — coiiclnsive, 327.''i 

45  KtTect  cf,  in  trover  and  trespass, ;!rt04 

46  Lien  of  -  lulnre  interest  in  personalty,.  :iJSl 

47  For  r  -111    rendered  at  ir&t  lerni, 2'.'(;'.i 

JU  mc  I A 1     I » Kl  •  .V  R  rM  E  N  T. 

1  Jndieial  power     when,  vested...   1!)7,  4i»i.;i 

JLOIOAI,  iMsrUlCTS  AXr.>  (.IROLllti. 

See  DLtrkti  and  Cir< 'lilv. 
Judicial  Salf.-s. 

1  Efl'ect  of,  in  pas!<ii,>;  title 2575 

2  F'.iruhaser  need  not  go  back  of, 2570 

3  Note  iu  writing,  vninece.swary,' 257 i 

4  C'.iotdl  >-n,(iUf  —(rand — warranty,  .  .  .  2578 

5  Pnrilia!<(  i  may  enl'orcij  covenants,.  . .  257!) 

6  Must  br    'nt  in  possession, 2580 

1  8ei7,up   "f  persoriidt.y — lien  on  Intnre 

interesi 2581 

8  !5;df-  of  -toek.^ 2582 

9  Shfrirt''t.  .successor  may  riiako  title,  .  ..  25s:; 
10  Pureliast'r  need  not  trace    .ind.«.  Ae...  25Si 

JURIKIS. 

1  Qnalilioa'ioas  ol  ])d.i.t  jo,roi.-<, :;s:{i) 

2  How  sell  fled,  drawn  and  -iMnmnned,  38.'!7 

3  Oath  of  fH'tit  jurors 3838 

4  Qnulilicati'>n  of  jurors  m  Inferior  court,  3839 
T)  How  sek':  t.Hd,  drawn  and  summoned,  3840 

6  Oath  01'  iiirv  in  Inferior  court, 3841 

7  How  drawn,  if  not  done  in  term  tune,  3842 

8  7'afcs  juror? 3843 

9  How  niadi     ip.  when  liox  is  lost, ....  3844 

10  Pt^rsons  e.\» mpt  from  jury  duty 3845 

11  Oath  of  jiu-ies  ni  claim  cases, 3847 

12  Jur}'  tax—  how  r.iised  and  reuntated,.  3840 
-13  Si>ecial  jury  — how  stricken,.  .  ,.  3833 

14  Oath  of  sperial  jury, 38,'!4 

15  Same  oath  in  divorce  cases, .  3835 

16  Stand  over,  on  faihire  of  conri,  .  3848 

17  Lists,  wlicn  to  he  made  out,  ,  .    ,  :i840 

18  Jurors,  tiufd  for  contempt,.  ,  .  3850 

19  May  have  rf-fre^liuieuts,' 3851 

20  Jury  fees — l.on  collected,  Ac 4032 

21  Oath  ot  jury  i)i  criminal  c.ase,>* v  453G 

22  How    enifiannclled    in    crimiiial     ca- 
ses,   45r,-i  to  4572 

23  Challenge  of, 4530,  4531 

■  24  In  crimin.sl  ■•;i><i>,  ■  judges  of  law  and 

/a,ct, '\ 4532 


25  Recounn<?ndation  of  jnrN', 4220,  4542 

2G  Jury  trial  ])ri'serve<i, 5066 

2't  Juries  111  JiJdtice's  courts 4010 

28  Uith  of  li:iili1f  to  lake  charge  of, , .  ,  .  510(5 

See  ClMU<:tfj<\  a/   Jurors  ;    Gnuul.  Jvr:':-i 

Jl"IUSDICTiO>. 

J  Ol  Supreme  com  t, 211 

2  Ot  teu^erior  conns 242,  4974  to  4;>81 

6  Of  Jiidgns  yi  Suiwnor  conn,. .  243  to  248 

4  Ul   infeiior  couriis, 285,  4981 

5  Of  Inferior  court  lor  county, ,..  .  280.  402"7 

0  Of  Jusiicen  o!'  Inferior  coiiK 287 

7  Of  Court.H  ul  Ordinary, 30(;  to  309 

8  Of  Justice's  tourts,. 4037,  4039 

9  Of  Justices  of  tlie  Peace,..  .  417,  4 is,  429 

10  Of  coiintits  in  coit^nn  cases, '.!)  to  41 

1 1  PJea  to  jurisdietion 3391 

1 J  Contents  of  j.lea,    3392 

1  3  Must  he  .sworn  to :'393 

14  Cannot  be  given  by  conssent, ;389 

1 5  WJien  admii,i.ed 3390 

10  Oiui.s.sion  of,  .imeiidaliie, !4I8 

JlKV,  GKA.NJ), 

See  itraiul.  Jji  it^. 
Ji:srii;t,'.s  Col;ui.> 

1  When,  and  wliere  held 4035,  4036 

2  Cannot  try  ta,-es  of  damage 4037 

3  Suit  on  cev  oral  notes  for  banio  debt  4 19,  4038 

4  Jnri.sdiclioij,  §50  inincipal, 118,  4039 

5  Ten  day, V  residence  gives  jurisdiction,  'i040 
0  buits  r.v.  co-ol.ligors,  in  dilferent  di.s- 

irielh 4'J7,  4«J40 

7  Where  J,  1'   ,s  jjarty 'i04i.  4043 

8  bnil,s  ?,v.  iiiaker  anU  eudoivcr, .  .     t27,  4044 

9  buminou.s  -  bov.'  is.sned  and  signed,  ,    4045 

10  Must  .--pecily  tune  and  jilace, 4046 

i  I  How  ,sei  veO 4l)4.S,  4049 

1-'  Must,  be  lile.)  and  kept, ,'  4050 

J  3  Proceedings  uniform 4051 

14  AjjpearainHt  u-rni, 4052 

1  -J  Bail  ill, 4053 

10  CasoM  may  be  .-settled, 4054 

\'t  Claims  lor  money — decision  ol,,.  .         4055 

J  8  iHd.'hc,- ■ U).',i\ 

1-1  Wliat  plen-  must   be  sworn  lo,,  .    ,   4007 
2(1  Jiest  evidniee  re(pjired 4008 

21  Partyinay  prove  his  own  accouni,  40:',9 

22  Pro.  ivY,  against  non-resident,. .  .  .  40(iO 

'^'j  J'ica  ol   u.^iiiy,  &c lOHl 

2i  Defendant  in.ay  swear — when lO()-2 

2j  Cro.vs  exaiiiination  of  party lOio 

2i)  VVitnessi>«— liow  subpwnaed '10<')4 

27  Testimony  by  interrogatories,,    .  lOtif* 

28  Trial  leriii,.  ,* lOm; 

29  Continuances, 40ti7 

oJ  Judgment 4<)G8 

ol  /\|ipeiUs, 4009 

32  How  tried— diawing  Jurors 4070 

o>i  Oath  of  jury, 4070 

34  Claiin.s — how  inliM-pose<l. ....'....,  4071 

35  When,  where,  and  how  tried,'.  . .  .  4072 

30  Continuance 4073 

37  tiost  pa per.s-how established,  3898  t.o3  ^ft5 

38  Dignity  and  lien  of  jiulgnients, .    ,  4074 

39  Judgnients  against  sureties, 44)76 


it)SO  INPJIX.. 


•iO  For  defendant  in  ch8(5  of  set  off,. .  ^OT'i  KitNAiriSG. 

41  Stfiv  of  c.vccution, 4(i77  .  l<l>etinifion  and  puDiehment, . .  4200,  4207 

42  Will  n  to  b(!  backed, 4077  Labobj.bs  in  Factories. 

4;i  Wli.n  jilaintillis  liul.h;  loi  c<iM^..  4078  j      IBoutp    of  labo^,.. . . ., 1.S47 

44  Mhv  nile  constabl*' 4(  8(t  ,  2  Contract  for  excfegive labor,  void,.  1847 

4^)  Mnj  I  iiloicc  liip  liiiliiii!y 4(  70  |  H  Ccn  j-f  ral  {unifrhnient  of,  forbidden,  184S 

•10  Muy  lliw  iulo^^ilnd  ^vi•lneM•^•^.408I.  ■;<^82  LAUD. 

47  JriiUs.liy  ioiiMi.Mc •.»>:;  |      l  Ktiyeried  and  rcEfcvtd 887,  2361 

4H  I'liy  lor  tiikiiii;  |.rii|nity  to  »fl|p, .  .    a  s<i         2  Cfcnrp<  b  on .• 221 '> 

4'.»  No'lu'^tiff .  «<li'i' '  '"  <">•■"■!'•'•  ^*^  ■         *    I  -^  ^^<1<^  "'  <»e<»K><i.  by  uilodialtt-Lure.  220(> 

CO  Bri'nf.Mng  i-un'n  to  <<>iii)ty  m1-    .  .  4  (■(in\  cjiti.ifKf,  n-i.bt  he  in  writing,  1%- 

51  truitK.  aguiiisl  tlir  «' iii  1  'i  Cm  v.  \iiricoot'.  t"  alien 20H'. 

:.2  Change  of  tluiufliidjn.,.  'j  Tit!.-  ..  .  t.y  |,iia-.rn.tiin..*  ...i .. .  2Wl 

i.3  PnKnt  (  nis  ^lllIld   ui.;.l  i  l.iiij^<  d,     I'-.'.        7Titl.    bv    i  ci\- r^' |,»  ^^fSfioIl 2«)4_' 

o4  .hidL-niinth  rendered  Ht  oth<r».  void    4-' i        MDnl  fMici  i.   j  i:tdic  i>e. •. 204.. 

Ji'Kiif  >M  OK  IM'IKIOK  (V'lkT  '.»  "\\  '                                     '   •     •  ■■'    "   •"■I" 

1  'liicir  cUdi*  n.  <  ntli.  *<•  .  27t>.  I'iOo,  4«.)-7  10  1 1 

2  \ii<r.r.<  ill— liow  tilled :^77  t<»    l.'7'.i  11  I'l 

:J  AVlio  ju<'e)ij,Mbk' lif-U  .  5>ee  y                           „l  tyftomar :  Jieai^. 

4  Ciiiinoi  jiiutiio  law  in  their  <ourl,    2Hi  LaM'I                     .  ■   ■  \xt. 

6  Cannot  try  (afr—wl. or V.'.\    'I>*4  l  ^\                      Mticn  rxi-'                   .  22((>1 

0  Can  liold  no  (tier  <-o..>Jy    Ifl.  •',..  .     '^f.l        -J  H  i .2262 

7  Kx«  iii]it  Ireni  juryai.d  ■  2^8.      3  hi:;!  t«   oj  i>  22''- 

X  Nt  nilitr  inc«n-aiy  <<•  .                            'JBI  '  4  Tri::T  f  n-.'"»'                              -i  'P..  .  220  1 

'.I  Knual  (1ivi>i(  ii  |  <  ■                                         -  I 

10  r<  wei  and  autlioi                                        ■  : .                                                                  -J 

11  liuiy  nn  1o("oiinl\                     •   ,^''',     ■>'■•'  7  l:                                                               --''. 

12  M  ail  n^S!;.^n  roc  II                       !i.  uso.     470 1  8  1.                                                               .  22C^ 

13  May  lovy  certain  i;i  \i — n.^w. 474  <  '.»  li.                                        ■  i-<i  i    ....226'* 

14  ('<  n(ln<  I  as  to.  iniiy  lie  r«  \  ii  wed, .  .     476  M  \\                                         -train,. ...  22C7 

1.')  Miall  audit  elniins  af:a;i.>t  c«  unty,    478      )  1  \\  22r.7 

10  Makclruimmnpoit  ti^tai.d  jiiiV,    482  12  ^^  i                                                 rent,  22t'7 

17  .May  iMine /f.  rW.N.  jiiul    '<     r,  .,  ,  .'       4fM  '    i:\  ][  227<> 

18  :May  nttcMdieds  .  22tl 
Jr.'«TH  Ks  or  inK  Vr.\<  i  ^                                                       .  .  '«2<<> 

1  I\\<»  in  »a.h  iniihiiH  ..;niitt. 4«'8.  1''  t-u                                        .-- al  will,.  .,2;C":; 

2  Fie.  {i(  n  and  t<  iin HH,  1-70,  4088      K  r-.  rent 22*4 

3  How  r<niov(d 40«i  18  1':                                         nt  hold r. ..  3983 

4  VH.iMni»»—bow  UOed.   ...  .4f»»to    412'    I'J  ^^  '' ^** 

5  Kliyibiliiv  and<ji)alilUuti..nh  of,..     413      '-'"  ^  .  .   t    .•>  c-nant 398r» 

6  May  be  al.j.niDted— wbi-n 414  '^1''                     ;,  Su|«rior    Court, ....  3<»8«. 

7  Th.'ir  ..a-.l:— bow  tak.  I  11'),    410      22  D. Ld  writ  i.f  J.o^^f•*Mon.  3««8. 

8CrinifTial  jnri-dirti.n  .  1                    .     417  Stv  D.sfrts'  U'ammt ;  LrtiM-n :  Rfnt. 

'.*(  'i\  il  jini.-(li.  I  ■  "  •  '         418  L\Nn  !  '  '  ■T'  ""  » 

10  Kxtent  of  ini  •.     420'       1  A.  ntloued 2Sr>o 

11  May  I  (• -tied  i  lit.ther 421         2  lb  rvi-d  land^. 28''>1 

12  .*^liall  noi  iiy  I  H^e — w  bi  n .  .     l'.''.'  ^  LamiV  vKKh. 

13  Whet  dinji  "aiified.  who  tuny  n«.t,..     422'  I  .Mteringorrfniovjng — punl-^hiaerU,  4470 

14  (Many  di^tr:(■t  may  ait  —  wlu-ii..  . .     422  LaI'>ki>  Leoa^  y. 

I'.  Anilrririty  and  dt.t'y  t  f. 42?'  '  1  Wh«  ii  b'-fj'Ucy  AmW  liot   bijiM',.'. . .  245<^ 

Iti  F.es  vi\ .  ;:J623  La»cem. 

17  SIimI!  rev-vipt  for  cbiini                      .  4t'6.>  1  Uefinition,  kind^,                    !28i«  to  4304 

18  Malpractice  by— J, r.tii-l.tir  li 43tJl  i       2Slr    '-.-     '■  •        , .  43U.'» 

I'J  Shjill  La\re(p].y<.f  ill.!).    iiMit.  and  3  (i  .  Air -l^M, 

I  e  biard  before  yrand  |i.i\ 43V*1         4  (»i .  ..  .    •  ijie> 4307 

20  May  ntte>t  deeds ."..*..  ^ 2tiC8  '      .'.  L;.  ,  tbe  fcrwn 430H 

2i   .V;.y  administer  oaths, 420         0  Pu  430*' 

22  Shall  return  list  of  tax  iajrr>,  ...   1,114         7  Wi.at  iaK)i  t;  .iniounis  ti>, 48Hi 

S«e  Jutt'ce.y'  i\.ufta  8  Larc«-ny  from  the  hcuiie, .  .  4311  to  4t17 

Jl  sTim  ATiox.  ',»  LarKDyaft'-r  trust  repc  s'd,  4318  to  4321 

1  In  CAMR  ot  libel  Ml  d  elabder 2'.t21       10  Of  j  iiblie    dt>cuiDent« 43C«» 

2  In  other  Chfes  of  lori i;«.t><3  Lawh. 

3  E\N-t.viaii>'U 2984  !       1  How  graduated 1 

4  C.  '  >.iii    if  ir juied  party 2'.t8ri        2  (.)f  England  in  force  h.  i. 1 


INDEX. 


^ 


031 


■•5  "WIkti  to  tHkf  oti'.c; 

4  Mu«t,  b<'  imhli^^hfil,.  ,,  . 

5  Ojvrnft;  only  uifntiiro,. 

'i  Rnk«  for  constniinj; 

7  M<'!iiiin^  of  woriN  in 

8  Iiinor!tn''e  of,  no  excuse 

9  Of  other  StiU<s  hnw  far  bio«>Jiii;. 
^((  Lrr  /or/,    /y/'.r  fori 

11  Faithful  exofiitioti  "f,   onjoined, . 

12  In  violatir>n  of  timdamontnl  i.tw, . 

13  Impairing  lonlrji.  ts.  void, 

14  Sluiiild  have  jjoimtuI  oporatioii. . 
Si'f!  Co/npifcr  of  La  US. 

Laws   \m)  Joubnai,'^'. 

1  II(/\v  |irinti^<l 

2  Xiiiiiber  to    1)1'   printed. 

■i  Distribution  of 

4  Niiiiilier  nf,   fir  f>a.h  county,.  .  'J7 

5  Hound  eohies  of  Jonrn«!!', 

'i  I{e>erve<l  eopjcv  if  the  Inws, 

7  Adverti-ifrneDt  for  dit^tributintj  . 

*  S  Hond  .'f  di•=1^^)df^.^...  .."'..'.■:   ' 

0  l.>:»magos  tor  liroii -h  of  bond. 

10  U.ind  to  be  tiled  iuid  recorded 

11  Distrihiilor  .-iiipoiiilnd — when..  .  . 

12  l'i-ef<T!ed  distribatTirc '....". 

Le.\kmn(j  and  .Scienck. 

1  I'ower  of  Li'i^islaliuo  to  prnh»o(<', 
Le.xse.s. 

1  Definition  jiiid  ni.tiim  (I. 
Le(ja<  V. 

See  Devise  oiiii  Iaujoc^. 
Letier.s  Djgiiisboio\ 

1  When  jitid  how  j;rantcd 

2  l>o  not  bar  minor.-, 

3  Void,  if  obtained' by  'f:-:ui<l 

4  Conteni.«  of  o;d"r  for 

•Sei'  Kxccdii.rt^.    iO  ;      Ginirdinn    ",h 

Ward,  4}  to' 40.     ■ 
Letters  ok  AiJ.\:i.MSi  r.ation. 

•See  Admiiiisirniidii.  of  Esf(it( s. 
LEvy  OF  E.\K«'i/r;(.N 

I  On  persoiialitv.  

_  Seii  Executijii , 

1  Piiriishmeiit  for  k'-epini; 

Lewunkss 


() 

8 

lU 

9 

A\)m 

-1904 
4905 
-iDOO 


.     9 -.4 

.     '•(■,!» 
II,  '.171 


1  niiar^^e  of  interoo!u-.<»e  with  slave. . . .  2920 

.  Tri.ith  of  charge  justification 2921 

7  IVivileped.poramuiiicat.ion'^. 2922 

.     .S  MaHeious  use'of  them 2923 

0  Shnider  of  title, 2964.  2972 

10  ]ii;iC!loas  of  sland'T-pit'tfa  .^ost,  Ac.  3806 

LiHEnry.  ..  . ».      ^ 

1  Tidienonly  bylaw  and  j  i'li;iiii'Lr,48ftl,  50.54 

2  Xoi  iwicc  jeoparded  Corsa'ii-  ■ci'iMii-e.  4890 

LlHRARl.\N. 

See  >'.'•. 'c  Librarian. 

LlCE.VSl. 


•i7' 


'j7'.i 

vso 

4'.i41 
22(iO 


2o(;;; 

2504 
2r)r,rj 
2o(»5 


( I.: I 


1  Definition   an  1    ;  i.i.isbiueiit. .  .  . 

.  .  .  4  I2i) 

Le.x  Fori. 

1   When  it  j;ov.                           1 11,    . 

'.i 

2  V\  lien  it  ;.;o\ '  '■  •  ■              ■■     •' 

.  .,,'.... 

Le.\    Lo<  1. 

1  When   it  detcMiiiue- 

.  '.*,  2T(fe 

2   Wdl.'Il  it  i;'o\ '•;  ii.-  as  to  iiiterC:-.!. 

.  .  .  2!)2() 

LtHF;i,. 

1  Detlnition  and  puiii'^l'.ment 

.       4407 

2  Printer,  a  witness 

.  .  .  4408 

H  Kllect  of  iiis  lefn.saJ  to  fc^^tdV. .  .  . 

. .  .  4408 

■I  Tfiilti  of,  may  l)0  [i roved, 

.  .  .  4409 

Libei,  and  Sl,axi)i:i;.  ' 

1  Definition  of  iil>ei 

.  .  .  2916 

2  Malice 

.    .  2017 

'^'  Publication, 

.  .  .  2918 

4  Slander — in  \\li:ii  ii  eojisists, 

.  .  .  2910 

Liens. 

1  Of  mechanics, 

2  Noti<'e  to  tlietn  of  other  iieii^ 

■>  Attach  to^proc,eei\^  ,of  aaie,^ 

4  Trial  of  ii^sue,  in  case  of  disM'te.. .  . . 
.»  Ks<eaiial3  of  gjuod  mecliani  •■•  '  "v. .  . 
ti  Suit  on  debt  or  daiui,  .... 

7  Not  affected  by  delivery  ol 

lalt^-.  ceases  on  de.  •,     .    .  .  . 

!  .oats, '..... 

,•)  . ,-,  ..     i  eaforcing  ;t 

i  1  issue — Iiow  made  and  tried 

1 2  Rejiievy  of  boat, 

I'.';  S'liLi  admitted  due,^  t'j^ be ,4»i}id, 

14  Of  miUvvrtglits  and  niiichinists 

1  i  Of  stiHie  cutters  and  marble  conipaiiies, 
IG  Otii'-r  iiens — how  enforced, , . . 

17  Attorney.^!,  fiictors,  inn-koeper.s  ti'c,  . 

18  Vender's  equitablo  lien,  .tliojisbedi, .  .. 
D)  Kxtoat  and  dignity  of  attorneys  lien. 

20  Not  i!efe;itcd  by  settlement  of  '•-••i's 

2 1  Lieut,  undfcr  i)y-lawfl 

22  Oiliest  lieu  preferred 

23  Liens  niider  charters  contiuiiO' 

24  Of  rules  atisolute..'.  ..*.....    

2.")  Of  Livery  Stable  keeper, 

20  On  estate  for  trust  funds. 

27  Trustee  oatiuot  create,. . 

■J^  Of  a.'ceptorp, 

::i  i)e  'eit  as  to  existence  (if. 

.:ii  Of  ind,5m(*nt,s  in  tfovr  .... 

31  (»f  landlord  for  reui.  

32  For  purchase  money .  :2!4. 

I  AW.. 

1  Taken  only  by^bny... ;89J. 

2  ^liaH  not  be  twiac  jeoparde<l  fVc-  same 
oileiice !«99. 

blKi:   HsiATK. 

See  J'Jttaicfi  for  Life* 
Life  Jxsurancr. 

See  Livi.rancf,  20  'o  :;I. 
LiM?;. 

I  Trausix)rtatioa  of,  on  State  ro;i  ■       .  . 
Limitation'  of  Actions. 

1  Oti  l<)rei>rii  judb.inciit.^ 

2  Oil  domestic  Judtriiieiits 

3  On  s|je;nallies, 

4  Statutory  rijrhts 

5  On  simple  contracts 

(i  (^n  ofK'n  accoirots 

7  Bills  of  review ■  ■  2;', 


1971 
1972 
1973 
1974 
1975 
1976 
1977 
1978 
1979 
1980 
1931 
1982 
1983 
1984 
1985 
198G 
1987 
1988 
1989 
1990 
1991 
1 992 
1993 
1994 
2102 
2.!  1.5 
2312 
2728 
4407 
3012 
2268 
3.-)81 


5054 
5054 


2854 
2855 
2856 
2857 
2858 
2859 
2860 


1082 


INDEX. 


8  Of  certiorari. ^ 2861.  HOG") 

9  Of  writs  of  error 2862 

10  Against  (•xwiitor'^,  Ac,  on  bonds,  ....  28G:h 

11  Limitations  g^ood  in  equity, 28G5 

12  On  Ml!  other  actions  ex-ron^actu, 28G4 

13  Siiit-<  by  informprrt, 286G 

14  I'l-xcvptoci  per.'<un.«, .  , 2867 

15  Uisahjlity,  after  accTiial  of  ri^lit 28('8 

16  In  f.iHf  of  unropresentod  C'Sl:ilc-.« 28Gr' 

17  Wnere  defendant  i.^abs<.>ntfroinM.>«t<?,  2870 

18  In  cases  of  joint  riyht  of  action 2871 

19  In  cases  of  fraud, 2872 

20  Kc'commencement  alY.er  non-suif, ....  287  J 

21  Wliere  .set  o(T  is  pleaded 2874 

22  For  damajije  to  realty 299(t 

23  For  injurie?  to  personalty, 'i9:«l 

24  For  injiiriea  to  the  ])erHon >.'.K>2 

25  Disabilities  and  exceptions 299:t 

26  New  promise,  must  be  in  writitijr, .  .     287.^ 

27  Kllect  of  new  promise, 2877 

28  New  promise  by  partner, 2rt7S 

29  By  joint  coniraclor 2S79 

30  Credit  on  note — whou  equivHJent  i<> 
new  promi.se 2h7i'i 

See  rai'fal. 
Limit \TioN.s  op  Ikuictjikvts. 

1  Fo  •  murder  at  any  tune i.'i.'il 

2  OtiK  r  crimes  iiunished  willi  death,  or 
peri'ctunl  imprisonment  7  years tTiOl 

3  in  all  other  felonies,  4  3-ears L'^Til 

4  In  all  other  cises,  2  years l.^.M 

5  Provisos  and  ex^eiitions.  ATtb\ 

LlMITIon  I'VRTNF.IISHII'S 

See  Partners  and  Parttier/ilnji/t,  ;u  l^*  .7, 
LlQi:oi:s. 
See  lii.^pfriiivi  and  I)i.^pfr(or.t 

LlVKKY  JSrAUr.K  KHKI'ERS 

1  Liability  and  lien  of  il(>2 

Loans 

1  An-  for  consumption  or  u-i 2I("3 

2  For  uae, JlOt 

3  For  whose  btnelil 21(l."i 

4  Dilijrence  of  borrower,,.  .  .  2ll»G 

5  Borrower's  inten>st 2107 

6  Not  transferable 210m 

7  K-xempt  from  sale — when 2108 

8  Wlieu  revocable, 210:» 

9  Neivssary  char^i .2110 

1 0  Incrcaao  belomijs  to  lender 2111 

1 1  To  married  women 2112 

1 2  How  to  be  used 2113 

13  When  death  of  parties  terminates,.  .    2114 

14  L<iLiii-i  to  marricii  ilaupht<>r.x 2623 

I/OST  PaI'EK-S. 

1  Proceediiijrs  to  osUblish, 368G  I 

2  Continuances 3887  ] 

3  Rule  absolute, 3888  j 

4  Certified  copies  of, 3889  i 

5  Suits  on 3890  ■ 

6  Oyer  not  demandable 3891  i 

7  EsUtblishroent  of  executions,. . .  3892,  389:.  • 

8  Office  papers — liow  esublislied,  3384,  3893 

9  What  13  an  office  paper 38f5 

10  How  established  in  Ju.stice's  court,. .  38'.»4 


L(vrTER)lCS. 

1  Tax  on 752 

2  Illegal  vending  of  tickets, 753,  754 

Limbeh. 

See  Iii^p'^h'on  mxl  Tn^->ectors. 
LtxATics,  Idiots,  \m)  Insank  Phhsons. 

1  May  liave  puai-dians , .' 1 80:? 

2  Commission  of  lunacy — how  obtained,  I80G 

3  Return  of  commissioners, 1807 

4  Apjieal  from  return 1808 

5  "Witn.'sses, 1810 

0  Secml  application 1809 

7  Pr<HciMiin)?s  to  end  commission, 1811 

8  Issiii  — how  njade  and  tried,    1812 

9  Law  ro;,'iilatini;  i,'uanlinu9hip 1813 

10  Conliiiemeiit  of  wanl 1814 

11  At  iiisi.uice  of  third  ]K'rsons 1815 

12  Chargeable  with  crime — when 4192 

13  Wl  (Ml  put  on  trial  lor  crime 4559 

14  Domicil  of, 1G48 

LfNATIc  ASYIAM. 

1  L(ir:i'i<in  an<t  niatiufrenicii!  1285 

2  Api'oiiitmeut  of  trii«te*t», 128G 

3  Their  authority 1287 

4  AppMinimenl  of  ittlier  officont, 1288 

r.  Treasurer's  bond 1289 

G  Annual  re|  oit  of  trustccM, 1200 

7  Thc'SuiK'rintendent, 1291 

8  His.iutie^ 1292 

9  Who  may  lie  inmatos  of,  129:t 
1(1  Inmates— how  classified.  1294 

1 1  ArraiiLri'ment  ol"  .iparUin.-iji.- \'i'^'• 

12  PnfiiiMuv  to  •»<'«tru:ian.s, 129t. 

13  K(-  ^     •  •  1297 

11  N..;  129S 

15  Cla-  .:..  nt*. 1299 

IG  Pa  Y  cortirted, 1300 

17  S;i].;  -  1301 

18  Pan|M.-r  bt.>  'iiiini;  mM'",  must  pay,  .  . .  1302 
1;^  Shall  not  l>e  sent  away  dot>Utute.  ....  1303 

20  TrialofluuiicvniMy  1>edolnaudcd,  1304,  1305 

21  Inebriates  admittinl I30C 

22  How  to  Ik"  kij.t 1307 

23  lijSHii"  slaves  anil  fre<*  uegroes 1308 

21  Insane  convictj*-bowsiipj¥>rtiHl.  1309,  ISl'i 
2.'»  (^iired  convicts — juiw  disitoi*..^!  of,.  .  .  1311 
2G  riicer'ilied  patient*-     how  dealt  with,  1312 

27  i'i.c<Mnmitiiient  of  iiim:it<'S, 1313 

28  Insane  criminal — how  dealt  wHIi...  .   I.H4 
Macah\«izki-  R.iai>s 

1  Lhww  n';;uUtjn;; C'JO 

2  Sliall  not  aj»pro|»riatc  h.^liway.s,  Ac.,..  G91 
M\CHIXISTK. 

1  Lien  of, 1984 

MAGXETrC  TtLtUlUPHH. 

1  Injuries  to — punishment 4336 

Maicek  and  E.MKinsEK. 

]  Suits  aeaiust,  where  brought,. .  4983,  3266 
Malice. 

1  Ks]»n«(i8and  implied 4218,  4219 

2  In  lilKd  and  slander 2917 

3  In  n)aIicions  prosecution.s, 2929 

4  In  malicious  arrests 293G,  29.'J7 

M  Vt.lllOl  S  AUKK,ST. 

1  Defined — right  of  action  for, 2935 


INDEX. 


1033 


2  Malice,  and  probable  cause, ....  '29:^P,  2937 

3  Of  persons  exempt 293« 

Malicious  Mij^chikf . 

1  Various  kinds — puni.shmeut, .  4470  to  4486 

2  Destroying  books  and  papers, 4469 

Malicious  Prosecctiox. 

1  Action  for, 2924 

2  Probable  cause, 2925 

3  Evidence  of  prosecutor 2926 

4  Exemption  of  grand  jurors 2927 

5  Iiistijrator  of  ]troscfution,  liable,  ....  2927 

6  Measure  of  damages 2728 

7  Malice- when  inferred 2929 

8  What  ia  a  prosecution, 2930 

9  Prosecution  must  end  before  action. .  29.''.] 
Malpract.ce. 

1  By  Justice  of  Peace — punishment...  .  4391 

2  By  Physicians  and  Surgeons, 2915 

Ma}."p.\mi;s. 

1  To  enforce  official  duty, 3i:i(i 

2  Is  not  a  private  remedy 3131 

3  In  cases  of  discretion 3131 

4  Grai.tablc  in  vacation 3132 

5  Does  not  lie  against  Governor..    ....  3133 

C  Superior  court  may  issue 4980 

•  7  Supreme  court  may  issue, 4172 

MANSLAltiHTEU. 

1  Detinitii.n,  and  devi^ions 4221.  4222 

2  Punishments, 422.3,  4220 

MaNTF  \CTl  iuko    CoSiI'ANIE.'^. 

1  How  iuccirporated 163i) 

Manimission. 

1  Of  slaves  forbidden.. ; 1871 

2  Legislature  cannot  emancipate  slaves.  4952 

3  Every  attempt  void 1 875 

4  Forfeiture  for 1  S70> 

5  Record  of  pajx-rs  for,  forbidden, .....  1877 
G  Foreign  manumission, I87.S 

Marble  Companies. 

1  Lien  of '>'i 

Marine  Instranck-s. 

See  Inynrance. 
Marks  and  Branms 

1  Must  be  recorded 1394 

2  Preference  in  favor  of  record, 1395 

3  Preference  to  older  record, 139(:; 

4  Must  be  made  by  white  per.sous, . . . .  1397 

5  Not  changed  without  leave, 139f< 

6  Alteriug — punishment, 4300 

7  Counterfeiting, 4400 

8  Clerk  interior  Court.  !.i>  keep  book  of,    2:>2 
Markki-  <••,  Kiir. 

1  None  i;j  (lef)rgiH 2.);' 

Marriage. 

1  Restraint.^  of  marriage, 16."<2 

2  Essentials  of  valid  marriage 1653 

3  Who  able  to  contra.  •(, .  .  .'. 1654 

4  Prohibited  degrees 1 65.'j 

5  Consent  to  — fraud  in 1656 

H  When  void— issue — raiiritation, 1657 

7  License  or  bans, 1658 

S  License — how  grantKl 1659 

9  Return  and  record  of  iic"nse 1659 

10  Return  of  by  ban» l'S60 

11  Consent  of  parents  '.o, .1661 


12  Penalty  on  ordinary, 1G6I 

13  Penalty  ou  persons  oftji-iating,     IfiiVi,  4441 

14  .Tewish  marriages. 1 663 

15  Between  whites  and  eolorcl  i>rol)ib'od,  1664 

16  Of  free  negroes  and  slaves 1665,  1666 

17  Not  void,    for  want  of  antliority   in 
jierson  officiating 1 661 

18  In  another  State  valid  here 166^ 

19  Laws  of  not  evaded  by  mnrryiug  out 

of  the  State ". '.  . . 1G6H 

20  How  proved  in  actions  for  adultery,..  2900 

21  Is  a  vahi.sb'.e  cxMisideration 1731 

.Marriaok  Contracts  and  SBrvLBRiKvis 

1  By  parol  or  iu  writing,  enforceable,..  1724 

2  Husband  may  execute,  or  convey ..  .  1725 

3  How  attested,  and  construed, 1726 

4  How,  and  where  recorded 1721 

5  Wife  m.\y  comi)el  a  record 1728 

6  Ai>pointment  and  removal  of  trustees  1729 

7  Execution  of  in  favor  of  voliintceis, .  1730 

8  Who  are  Volunteers 1730 

9  Wife  stands  as?  purcha.ser  under 1731 

10  Power  ol  wife  over  separate  estate, .  .   1732 

11  When  she  may  sue  and  b«  sued 1733 

1 2  By  mhiors,. .  ." H :!4,  2696 

13  S:)le  l)y  wife  to  hu:sl»aud  or  trustee,. ..  1735 
MARitiEi)  Women 

1  Their  domicil, 1 640 

2  Loans  to, 2112 

3  Contracts  of, 170:!,  1708,  2692 

Maktial  Law.  ^ 

1  Declared  only  .iu  extreme  iii'reR.sity,.  4910 
Masom's  Likn. 

See   Lievs 
MasteU  and  Servani. 

1  Indented  servants, 1840 

2  Rights  of  Master, 1 841 

3  Rights  of  servants 1 842 

4  Contract  of  apiireiiticf'ship 1843 

5  Power  and  duty  of  liiaxter, 1844 

6  Proceeding  against  ma.sttjr, 1845 

7  Action  by  mastx^r, 1 846 

See  /jah(>r(>i\s  in  Faclnrp's. 

M;*STt:R   AND   Slavk. 

1  Right  and  power  of  master 1849 

2  Cruelty  to  slave 1 850 

3  Duties  of  Master 1851 

4  Belief  to  neglect...-d  slave, 1852 

5  Proceedings  vs.  owner  in  such  case,...  1853 
0  Work  on  sabbath  forbidden, 1 854 

7  Restraints  on  privilegt^s  of  slave,. .  .  .  1855 

8  Unlawful  ti-aftic  of  .slaves 1856 

.)  Slaves  not  to  be  employed — where, .  .  1857 

:  ft  Penalty  therefor, 1857 

'  1  Mutual  protection  of, 1858 

:  2  Two  convictions  for  cruelty,  Ac, ....  1859 
"■'>  Slaves  in  such  case— how  disjiosed  of,  1859 

14  Master's  liability  for  acts  of  slaves.. .  1860 

1 5  Slave— when  agent  of  master, 1861 

..IC.Ooramandof  ma.ster— when  pre.sumed  1862 

17  Master's  liability  for  slave's  negligence  1863 
IH  Interference  with  slave  by  third  per- 
son   '  864 

'9  fjjiriionng  runaway  slave.s,. 1865 

•JO  M.Mster  liable  for  uoceasariea  of  slave,  1866 


KKi-i 


NI>E>. 


21  Willie  f^rwiri 

22  I'miuHv  fo: 

23  l'«-n:ilt-  ', 

24  1-  ■ 

tf:.  1 

■:ii  i'di.i  : 

27  rniiih 

28  Mi.iiii. 

■I'J  Allai;. 

30  IVli.iii. 

31    H.-conl  nl   !V 

32  FMrv:;i,  Ti  . 

'  3;h  m 

.11  I- 

;«.'»    I(<  l..ll;i:i(  1, 

li\ci   lii|:,i,(     . 

•  SO  Arn.^l 

»-  37  Mii^i  .1 

«  ;js  riii'v  . 

3!)  S 

10  l> 

•11  (  l.ul.l  . 

if\yi'tii 

^42  \.' 

1  h 
•J  II 

:mi 

d  into. . 


'.'.3 

■  •».')'.► 

.(iO 


-  •  r 

■J    OtiY,     1, 
MkaM   I.I      . 

1   In  •■    ■ 


Ml 


1^  (M   h«^»ir  inTtttx 


Mfmkkks  «tr  ConaRiiitii 

1  \Vi 1,.  -... 

2  1- 

3  Ml 

MkHi    II   \  M- 

I      \r.,    ,    ,   ;.   ,    • 

M  I  >NV    I'k.  I    . . 


Mil  i 


Mi;  II 

1    \ 


1  .    . 
5  .^t  < 

Mll.lTI  V 


INDE> 


1035 


57  X.nr  •''-' — — 

i9  Ace, 

CA  EUaioii — by  V. iioiii  ordere<l,. 

<]{  Offi'-rr*  — Vnr.'  "Ommissioned, . 


pi  of  ofticfTS-IOM  i  122  Sulmtituwf, 

1039  I  12".  Militnry  law  aiid 

10::r>    "[li  Voluntuei  forupaiii 
(rated,. 


f  )n- 


1 10-J 


ioj: 


pnrtnient 1042 

•    I    ;;    ;,   r;:L 104:1 

■  s. ...  104.''. 
r-..  .  1044 
;N. .  ..  \04'^ 

10-ia 


64  A'lju-iii:: 
05  His  app' 
C6  Hi«  tern 
<57  Pivipinn 

08  Staflof  . 

09  Ars(jn;i]. 

70  Ucixirt '  ' 

71  Chiefs  or:st..ll.  I.  i*ori  <ii.arU.r.y, lUi'' 

72  Thoir  jiirivdi  tu.n  and  cominaiid 10.')  f 

78  A<T.'oiuit.«  lor  iiiiiitary  ?ervifee 1«J'^ 

74  Afl.jtitanJ,  <:-.neral.  thief  of  SlalJ; 10.->2 

75  Alinniiitnri'i  t  .;iid  raniv  of  Btaffoflk-i-  1052 
'^  ,U '..V 1«'':? 

■  .  <    i.c    :i.liii.:L<  J-huw  1054 

1"I54 

-     ;  ..larfial  1055 


1411 
UO'.t 
1400 


7fi  (ii.ivcrnor  ^ 
77  Mi!i'— •    '•  ■ 

■JOCoi,-'  ■ 


inci 
in<;-j 

1003 
1004 


bO  How  convfiieu— jiirigiiiclioa 1050 

»l  rofjiiiltiiipo*"<:T.s— penalty 1057 

.S2  Cases  pro':'eo<l  ic  parte — ^' 
Hi  i'ny  fif  niiMnIxT'*  ofthee'H 
S4  Tiie  cull'  '-h  conifri.i'i-  . 

^5  KiiH.'siii  

80  Do<ira(l;,-  .  .1  •  .    ;"crs, '.  .".  . . 

«7  Cadets— !  10 w  tried 

88  F,.\ccutici!'<  rel;irnable  in  60  dayn,  ^    „  .. 

39  liisordcr  at  parados — iwnalty,  1060  to  lOC^i    JilTTlMJs. 

9U  Sutlers, , :  •  •  •  "^'j^  ',      See  CoiumUmeni. 

91  Into.xieatien  on  parade  ground, 107<» 

92  MiHlary  oi>,Mni/.;:tion  in  eiCcH, 1071 

93  Klectiou  ol^oibcers,,. .  ,„  . .,. *  ..  H>p 

94  lUsideiico  of  r.illcers _.  107:i 

05  (^iptains  may  H[ipoint  non-eoin.  offic's  1074 

OH  D.<.-i<;iiiitioT!  nl  crtmpnniei', ll>7'> 

',•7  Of  Battalions  i^id  regiment.--,.  . ,_. .  lOT'i 
'.>8  Aiiiiiif^lavoluntO'-'i-  battalion,  lUTTtolOT'i 
99  Provisions  ('x tended  to  Macou,  &,c  ,  lOH't 

IDO  Savannah  volunteer  regiment,. . . .  1081 


IS    .\XI)    M"lLLEK.«. 

1  rnliiic  mills  deljneti 

J  iirain,  in  wLat  order  f^i 

JTOU ...; 

4  Furteiture  for  failure, ^*i''^ 

■")  .Millers  cy.!!!  t  :' i    inili'.:;.     .i':-'.     ^'^2 

1  Li.-n  ol.  ~ ' 

INI.NG. 

I  Puni>hi;^  ,  ■    ' 

Minors. 

1  Di'rahilities  .  : 

2  F^u•ni^hinJr  iKjuur  ;o 

.;  Ganiinf;  with, •  • 

4  Doiaicil  of.  .  . 
.'»  Contrail-  of. 

Mis.joi.\nEK. 
1  Of  actii> 

MlKSOMERS. 

1  Amendable  ui.-Uih 

^IlST.VKE. 

1  "Wb-n  >uflri(:icnt  to  :i;  ;: 
1  A^  to  consideration  of  < 
■\  Clerical  mi!»tak-s  amenu..- 
4  Of  drn!;pst,  ^aiisini;  injur 
See  Arriileni  aiul  Mistake. 
,MI^iT^lAL. 

1  Where  jury  br.ak  withoi  '. 


.  1588 

2nn2 

2't.'.3,  442f. 
....*.  1647 
.'G93,  269.% 

.  318<) 

3418 

2592 

.  2707 

.  .  ?.430 

2947 

^rdi-t.  8850 


l(is4 

1(185 


101  Officers  and  .staff, , 1«>*- 

Wl  Tlieif  rJTthU  ?eeurt?d 

lOo  How  eoininaiid'  J, . . 

104  Honorary  mi-nibers, 

lOr)  Governor  to    i.ll  dni  military  force,  lOMiJ 

I'/C.  Disiipliii"  wl.'.n  in  service 1087 

107  Pav  and   ration-, : . . :  1088  t 

108  Coinniaiidor  may  rcjiel  invasion,..  10S9 

109  Dctnchin.'u'ts  f.^r  C  >S.  servir- 1090  ■ 

aiO  iJriiradcs.for  C.  «.  »('i'j,-ii:u, 1091 

Ifl  Flat^.s  of  '.rooj-rJ  going  out  of  State,  1092 
112  Mililia  cxemLit  from  tolls 1093 


MONKY. 

1  Dra^vn  from  trea-«Liry,  cJ 

Mortgages. 

1  Only  security  for  debt 

1  What  property  may  beeuib. ; 

3  Form  and  execution  of,.  .  . 

4  When  and  where  reoordisd, 
:>  Efleet  of  failure  to  record. 
I)  How  admitted  in  evidence. 

7  Effect  of  defective  record  ■■ 

8  Kec  -rd  of,  not  in  time,. . . . 

9  Probate  for  record 


.  .  4947 

.  .  1956 
.-.■dm,  196ft 

1957 

.1957,  1958 
1959 

v^m 

. .  .  1901 

•   ....  1««2 

1903 


113  On  muster  days-,  under  arms, . . . 

114  .\rms,  «*cc.,  exempt  from  levy,.. 

115  Militia  free  from  arrest, 

lie.  Phiraiirv  eiectH  militia  oftioer.s,  , 

117  Eiectioiis-  wliere   iiidd-lraod,, 

118  Connnissioii  <•!  I'fticers 

119  Keniovsil   i.f  ^t.aiV  offi  ers, 

120  Action  of  S.'i,ate  us  to  oBice?'^;,. 
J2l!01ticers  to  report  ihemwiven, .  . 


1094  ' 

1095 

1095 

1090. 

1097 

1(»98 

1098 

1099 

1100 


■,0  No  tacking  of,  in  Georgia 1964 

1 1  May  he  taken  by  sur^tiOs. .... l96-> 

12  MoHsragor  may  redeem  in  t".'.  yi-an 

13  Fol-eclosure  for  debt,.* •    -  • 

14  To  several  mortgagees 

15  Saicof  i.ropertv  uiidyr(.ther  ).ro«-e-s, 
10  Bond  of  i/urehaser,  at  publi^j  ->uU;a,  19/0 
:7  On  land«-how  foreclosed, 

18  Executors,  &c.,  may  foreclose, 

19  Defences  against  foreclosure,. 

20  Third  i>er.sons  cannot  defend 

21  Representatives  of  deceased  mort- 

.   gagor,  party  defendants .  .  ABii) 

22  j^sue— liow  tried ^oi^ 

23  Judgment,  and  sale  of  property...  38^J- 

24  Disposition  of  proceeds  ..... ....  •  ■  38<o 

25  In  ca.se  of  installments  .n<Jt  due.. .  .  3874 

26  Mode  of  foreolosnreonper.ir.iiahty,  38/ •> 


196G 
1967 
1968 
1961> 


3806 
3867 
3868 
3869 


1036 


INDEX. 


.{876 
;J878 

«H77 
:i87'.> 
:!88» 
:{881 


27  Lovy  and  miIc  of  propertv-  •  ■ 

28  Snl«   oC  jiroperty  Uy  «'ons<'iit. 

-0  MortL'ULro  /j.  I'l.  iiiHv  clHirn— wlicn, 
.'{()  IllogMlitV   ti'  MIortsfHpp  /»".  /■(;  , 

•  !1   J*r<>oi'(<iitig>   IliiToon 

.'•li  Sale  of  iiroperty.  &c 

■IS  F<  ri'fk>-urc   .im]   d<-U'Uci'   Ity  I<*i(iii 

pciirc^t^iitHtivo.x 

84  C<)iifc«t  by  rliird  pi-rsoti-. 
Motions. 

1  In  jin-f.sit  of  jiidtfniciit.  . 
See  Jui/i/irn'nt:    N'-'w  J'n,ii, 

MuRDKk. 

1  Deliiiition  of, 

2  I'lmislinieiit  for 

li  Killinjf  ii  Hliive  is  in<ir<1er 41»34 

4  Advisors  of  infnntioido,  Ao 

&  Coiioealinent  of  cliild'n  dp.-iili.  *c 

6  Ptinislunent  for  oonocnliini' 

7  Ah.-miiU  witl)  jnU'iil  to  murrlcr, 

Mt'TIS'V 

J  Dilinilit)!!  and  |tiinmlmn'iii        . 
2  Jn.sli>jjtiM>r 

MUTIAK   l.VHVUAVCR 
Set^  lust;  rn  iff 

Namics. 

I  llow  oli.inytvl l7:tK, 

Nk  K.veat. 

1  lu  wli:il,  caws  |{rHnU'<l. 

2  Showing'  ol  i-oniplainiini, 
?>  His  iiM'uluvii  ami  l>oti<l, 
4  May  I'siio  williom  v,  d.' 

6  Di'fcnditni  \ntiy  nl 
C  Power  of  CDiirl  wJi-     ,  .- . 

rcpli'vied 

7  Kn((.rifHl  hy  RiUclminnt. 
NEGI.l<iR.\<"K. 

1  In  i-anes  of  trust — «t<-|»on  for. 
NK<3<>TIAm,K  PaI'KICM. 

1  \\\vM  arc .r,;U,  1722 

-  Kii(ior.scnioiil  iiwd  not  b,.  imdcr  m-: 
l^  LimitO'l  (>n<)or<>«>mont> 

4  In  :  ■ 

7  lk>:.„  ,..„^  ,.|    , 

5  Wliat  is  noli. . 
9  Title  to.  when 
Set'  nuiii  of  Kf^Jkan^f  ,   I'rmtiU^ory  A 

N  KG  ROES. 

1  Illopilly  imported— how  dealt  wnl; 

2  Koreijrn  iiniwriation  of  i.mliii.ii. .' 

3  From  slave  Siate«, 
New  CorxTiEs. 

1  Trnusfcr  of  procetw  a:id  cases  to 31;:. 

2  Officers  inolndi»d  in.  contimie. :(s 

3  What  officers  act  in 34 

4  Juries  for — how  organixed.     ...  -jj 

r>  Taxes  fo-— how  levied. 36 

<j  ()fficers  of— how  qualified -{7 

'   '■^v.''•'.'  >—    t  ■    iu,"»y  make  n-tiirn-  iij.  :is 

^  ^''i                     ■  of   m  Ivt-^i.slature. .  .  .  43 

^"^ow              -    '.s-sioual  disL  attached, .  40 

10  To  what  circuit  atUohod 4S 

1 1  How  »9iitablwl»ed, J^      4943 


4882 


4220 


42:»6 
t2:t6 

4  2:1: 
»■-'.■.>' 

4:t98 

i.fi: 


1T41 


.ii.i;^ 
.1149 


New   PiKi.Mi.sK. 

1   Ktlivi    of    a.s    ((»   sfufiir.. 
l:ons 

1  ThiH«»'    whioli   coiiiii 

prew.«rvt.-.  Ac 

Xkw  Triai.- 

1  KuieM  for.  .imondable. 

2  <ir«Btc(lonly  liy  Superior  ••Mirr.  3635,  3G;{il 
:i  (irounds  for,  A])(«ci6e<l,.         .  .  .t637  to  .Ifrl  I 


f    iimita- 

.  2875  to  2879 

I'l.irs    must 
.  .  2C2,  3IC.  .{;«(. 

34:r_' 


4  fhi  otJu-r  (rmiinH<> 


H  p. 
i>  S 

10  1; 

11  M 
N01.1. 

1   W 
Nox  I 

I  y, 

•2  W  ■.   ,.  , 

XOX  .1'   IM'J 

1  Of  Parlu-M  8ui«»dab)(' 
Xomnt-ir 

)  N'.-.i   .11  .wi'd  —  wlicii.. 


:tr,j 


fr.r. . 


— whfii 

•.|i<tV  c.iik'*.. 


IC42 
3645 
3G(4 

■tr.jr 


fr.4'j 

41») 


lo<l  iiudrr  <m|1i 2793 


jMoa  ap]>li(> 


\. 


.t40J 


1 1 1 4 


i-iU'.t 


ft  T 


11  J".  .- 

12  M..V 


1447 
.  1448 
I44K 
I44A 
1449 
'■  or(v<iat.\  .     1450 

I4&1 

uid  f*jd»««  •  1462 

--d* 26C8 

'■ .icew 

tlniiiiUier  crrtain  OMtlm. 1451 


.cv  b<Kik«,  k* 


'  iraiibJerncr. 

!iold>.r 

-iiin<vi    . 


uTm:. 


27J7  ! 
2T40  I 


•»«»»»  at  wt!' 


.\ 


3437,  343li.  3442 

3757 

■e^  *e 1731 

.1,1.     i.  i..,t,.,.  i7j(, 

-       :n.> 
•;  tj 

1372 


2703 
?79«l 


Of.  • 
4S.»''  1       .i  I  <i-.iij.itjif  .■i>  .1  u'*i'-iK>  . 
<»51  1  Ncii^ANVES 

'  "  '  2'J3:t 

2«40.  2941 

2942 

•f  alieneea, 2943 

2944 

0  How  awalpd, 3990 

7  When  in  town  or  city .199C 

8  Notice  to  pftrtieH, '.ril 

9  If  a  milL  tc — how  abat£^ :  4'.^ 


lOOO 
4»0I 


INDEX 


1037 


19  What  tiiuManc«>w  am  indictahK:,.  4431 

Nhl  Tin.  RfcoRi) 
I  [>;»  «.r.  :^•^06 

Oathh. 

1  OfrniTf-rrKfT,    .  4958 

7,  Of  Jh.1k»'h  fifSuprcin*.' fourt. '205 

3  i)\  Jiidtf*-'*  of  Superior  ooiirt, 229 

4  Of  .In'-ti(»"(  of  (nferior  (^urt, "276 

r>  Of  Ordiii.-irv, 296 

6  Of  Ordinary  a»  school  txtmnUHsion^i.      .XIS 

7  Of  .Tiistke*'  of  tb*-  Pomv., 415 

8  Of  clerk  orjjuiirefrif"  (»oiirt.    .  "214 

9  Of  rerxjrter 'sl9 

10  Of  'if  rk  of  Superior  'X»nrl. .  'J.%9 

1 1  Of  olerk  of  Inferior  court.  290 

12  Of  Shr  riffs :VI^ 

13  Of  JailorM, X,:V2 

14  Of  AtUirney  and  ^olii'itors  (letieral.. .     "47 

1 5  Of  A  tf  )riieys  at  Lrr-  ."^T 1 
i6  Of  r<jrislal)loi>i 443 

17  Of  Tiix  H.>.'.MV(<r,..  S4'2 

18  Of  Tax  Colic rtor,.  S53 

19  Of  Tnx  pajvTB, 'i4,  7(55 

20  Of  Ifyjislatort*, .  4939 

21  Of  Sf'orolJiry  of  Senat.', ISO 

22  Of  TUm  k  of  HoiiPP  of  Reprr-K^tittii  n  .-e,     1 69 

23  Of  tl.'  ir  assJHtantK i  S9 

■24  Of  SuixHiiil.ndentof  W.  ,t  A.  H.  R.,.    H94 

25  Of  flui  Tn-asiirer 903 

26  Of  th«;  Auditor 907 

27  Of  (h<;  AKent* 917 

28  Of  f.hc  ( :ondiictor-<, ,  t>2S 

29  Of  (;raiKljurore,..  .  .  3m27 

30  Of  KiK-cial  jurors...  .  38;u 

31  Of  jM-l it  jurors. .  383f 

32  01  jury  in  rriminal  caw^,  .  4^-i('> 

33  Of  jury  in  <  'aiin  oases, 3H47 

3-1-  AVif nosH's  lif^foro  gr.'iiid  r-irj-, 453s 

35  ill  i-rimioal  caees, 4537 

oii  Of  iiiquf*t,  of  insanity, 

37  Of  Coroners 

38  Of  County  Surveyi': 

39  Of  his  ass-istaut, .'.  .  . 

40  Of  woii^liorH  of  produce. . 

41  Of  Xoiarios  Pnhlic, 

42  OfKxecuUjrs 

43  Of  Administrators 

44  Of  Guardian?:  

45  (if  TneprTtor-  

46  Of  Pilots, 

47  III  attacliments, 

48  On  Garnishments 

49  Of  in<!olveiit  debtor?, 

50  Orsui>ermtendentH  of  elections 

5 1  Of  voter-j, '. 1 222  ro 

52  Of  appraisers  of  e«t*it*«, 

53  Of  ro'.atU'rs, 

64:  Of  ped<llcrs 

55  Of  Iwilift'  to  (^rand  ii.iy 

06  Of  haiiitT  to  special  and  p-ytit  jurien, . . 

57  Justice  of  Peace  may  administer 

68  Judge  of  .Sup'r  court  may  administer, 

Or>scEN">:  Laxguaok. 

1  In  j)reseuce  of  femaks — penalty, 


561 
546 
649 
1534 
1447 
2411 
24  67 
17  63 
1510 
1455 
3205 
3462 
2002 
1229 
1224 
2479 
1377 
1567 
5105 
5106 
4  29 
•243 


OBhTKrmSr;  TjE({AI.  PKW.TSStK 

1  Definition  and  punishm'^ni.  4370 

Ornr  Ev. 

1  Who  lueligiblf  to 125 

■.■  How  vacated, 131.  1 65 

3  CoTivict«lfelonsoan'thoicl,4621,4549,  4573 

4  Ifiildersof  public  nionej',  unaccounted 

fr  r  ineligible, 4922 

OtTIClCRH. 

I  Additional  oathof.  134 
■.'  F{.<:idouc»;  of, 128 

3  Include"!  in  m-w  county  continue,  ...       33 

4  f>r  old  coimty  act.  — when, 33 

.'»  Of  .idjoininj?  comity  act— when,  ..'...      34 

6  V.'hal  oflRcers  must  keep  v^nl 128 

7  Of  fomnupsions  of  .                     ..  .  l'J9,  130 
f'  Resicjuntion  <.f 132,  133 

9  Aci."?  of  valid  without  oath, 142 

10  Liable  alter  oxhanstioo  of  hond, 160 

1 1  Mtist  deliver  hooks  t  >  successor, ....     170 

12  Penalty  for  faihira *.  .  ..     171 

13  Penalty  for  dctaiuinK  bool-'^   A-        ..  4368 
OrncE  Rooks. 

1  Subject  to  insp<>>'tioti 16 

2  Must  bo  di'livered  on  va<'ancy,   in  o*- 

licL- 161,  106,  167,  168,  170 

3  Of  Ordinary, 316 

4  Of  clerk  of  Superior  cvjurt, 262 

5  Of  <-lerk  of  Inferior  court 292 

•  ">  Of  clerk  of  .Supreme  court, 216 

7  Of  {?heritr, 336 

«  Of  Exccutivf  oflBw 78 

9  Of  .State  Treasurer, 89 

10  Of  .Secretary  of  State, 85 

1 1  Of  Comptroller  General, 9.6 

12  Puui.shment  lor  detaining 4368 

OfKKi;  P^I'KKS. 

1  What  are, 3>58;,v 

2  ilow  e.-itablishec]  when  lost,.  .  .  38^4 
Ofuceks  or  Coi  ht. 

1  I-ia'udity  to  suiv'-, 

2  .^hall  I'J'y  20   per  ••cut     U;r   rettiining 
money  afier  demand, 3854 

3  Servic«3  of  demand  -  proof  of, 3855 

4  Subject  to  rule,  thou^^h  out  of  office, .  3856 

5  Rule  nini  in  vacation, 3867 

(i  Answer  and  prooeeding-s  thereon,. . .  3858 

7  Ruled  without  notice — wlien, ...  3859 

S,  Lien  of  rule  absolute, 3860 

9  default  of—  how  puiushed, 3861 

10  Fees  of, 3(;i3,  ?o3638 

Okficial,  BoNiiy. 

1  Who  may  sue  on ...    J  4,  15 

2  llov.'  payable 143 

3  Shall  accompany  dtilriind 144 

4  How  approved ....  145,  155 

5  ^tlreties  on H6 

6  Wlien  signed  under  powei, 147 

7  When  to  be  filed 148 

8  Certificate  of  faihu-e  to  tile, 149 

9  Penalty  fur  acting,'  without,  tiling,'-, 150 

10  Knuorsement  of  filing-, 151 

I I  ^'olice  (if  failure  to  file, 152 

12  Penally  for  not  endorsing.',  filed 153 

13  Obligation  of, 154 


3893 
3893 


3852 


1088 


riSDEX. 


i:;:. 

l.!G 
l.TS 

Mfi 

:  11 


J4  Gi\in;i  6f.  to  be'certili'i     .  l  'i 

15  Of  (ieiHiti<-s,.; , 

]0  Prineip.ll  or  deputic?  may  be  BueW  : 

17  Nut  (lij't'liaiged  till  jienaltv  exlioiistod.     J  51' 
JH  Moiisiiie  ofd.iiiiMjrc"^.  in  hiu.If  oq,.._. ^     1C2 

irt  BontJs  of  future  ollicorH. ''l6:! 

2U  Siiretiej"  on.  liow  relieved 1G4 

2l  Of  iSheriils  .irid  depiities — linw  KiiPd, .  5107 
As  fo1).oiid.<  ol'ilje  dlfferejit  Dflfirer.'*,  4a^  U^Icb 
Orih'vnrli-.t :   ,'<hrriff'.~.  ((r. 

OriUAM.  Cavils. 

1  Additii>ii;d  oalljs  of  oftie/!rs, . 

2  Form  of,  to  jro  w  ilh  drtitnnu' 
.'!  \\\io  luny  .■uliuiiiistci' 

4  Wliere  filed ]:i 

5  Endorseiiieut  nf /ijiiifj. . 

0  Of  depiUics 

7  Ppiinlly  lor  fading'  t<j  laJie. ,  . 
.s  Of  future  uflicers, 

Oil,. 

Sep  /  iKjifrlioii  iiH'/  JiiMprcUh-s. 
Oi'PUOiiUiors  'WoiiDs. 

1  l)(.'l;nilioii  anil  piinisliiiifni. 

2  When  a  juslilii^alioii. .  . 
Oral  Kmiie.vcj:. 

See  I'A'idt  iir,  ,     Wiliif.s.'iis. 
ORDINAfcCIC. 

1  Of  Seecs.'-ion  from  U.  IS  , 
OauiN'AUiKs. 

1  Kloelioii  and  term.  n.i,  \'im 

2  Oath  01 

;;  Tluir  Imnil 297 

4  Vac  aneie«  — liow  IDIed 20S,  2^0,  4980 

r>  Must  finish  l«  ^i"..'--  "r|»n«d*'«s!*or,., 
<}  Sliall  not  trv  lliey  or  tlioir 

kni-iiiu'i!  arc  

7  Proeeeiiini.rs  if  ilwy  in-  (iiscpialitled, .  . 

5  Klipiliility  and  diRaliilitie« 302 

J»  Their  tnm.«  alwCr-.  wh(»n  oK^»d :tOS 

!0  Clerk  of  Inferior  eoiirt  lakes  adminin- 

t ration— when 304 

11  Oflice  nf— where  and  ho«-  kept,.  305,  4012 

I'i  Grant  admuistration — when 308 

13  Mnst  report  inirepresented  estates,.  .     310 
l^InellKilile  for  failure   to   awonnt,    as 

tru.«tees 311 

15  Cannot  ]>racliee  law  in  their  courts  ..    312 

IG  Are  cj-  i>Jfin,> .  .313,  4989 

11  May  appoint <."lerk Uia 

18  Powers  of  elerk :il4 

lit  Bond  of  eUrk... 3]6 

•JO  Duly  ol  clerk  enumerated 316 

■J I  Are  al.eo  !<cho<M  eonitnissioner.s, 317 

22  And  member?  of  ednoational  board, .  .     317 

23  And  Treasurer.*  of  pchool  fund. 317 

24  Oath  and  bond  as  encJi. 318 

25  Their  duties  as  such. 319 

26  Shall  bind  out  poor  orphans 725  to  728 

27  Duty  as  1*1  the  blind 1172,  1173 

2S  Fees  of. . . 361 8 

29  May  attest  deeds .  2G6S 

See  Courts  vf  Ordiuarif. 

Ordinary.  Cocbts  or. 
See  Ckniriy  of  Ordmary. 


I!t89 
296 


.100 


199 
301 


onruAN-,  (Pdow)*     •      ^  -     -  .       ^.  ,'.■•  ft 

1  To  be  bound  out 7'j.'»,  m  72** 

See  Q»thti/   Pony. 

OvKKSEEUS. 

1  Their  riglits  and   powcrb, 1219;! 

'1  General  .igents— whi-n jl'"? 

■\  Employment  may  be  by  parol,  iS:c.  lilU". 
4  Suits  for  breacli  of  contraoi, '1\\H< 

(IVKRSEEBS    or    TlOAI).<. 

See  RQa(h.  Hi.  18,  2U.  .'5;i.  .!». ;!.').  3(5,  37,  51. 

<>VE». 

1  Of  lost  pnppr  cued  <,ii.  ,S.c r.SOl 

1  Manner    d  fakii-p.  i.-,3i 

2  Penalty  nnd  proceeduigM  tor  illegal 
tikinp" 1-,.M.  i.v-,2,  LVjO 

:•  Planted  l.^dn  proiected \bb'^ 

4  Rights  (.1  litnU  ownerH ir»5J 

I'akk.nt.s. 

1  Uound!oi«uppori  ibeirp»up.-r child- 

''en. .  710 

Parent  and  Cmiii 

1  Legit imiitf  i  bildr<  u.  1730 

li  Legilinjation  by  MHrriagx 1737 

8  Legitimarion  by  the  court* 173S 

4  ProceedingA  to  adipt  children,.  .  173"j 

5  And  to  change  name  of  child 17.39 

(>  ObjerlionH  by  reUiioiu 174(i 

i  Adopiion  of  %dul«- 1741 

H  .And  changing  aame  of  adult, 1741 

9  Age  of  majority   '1\   Ji-ar*.    1742 

10  Duly  of  parenia 1743 

n   Parental  power-  how   loat, 1744 

Vl  Rii;hN  of  the  moibi-r. I74f. 

n  Cruelty  of  parenta.  Ac  .  1746 

14  Mutual  pruieciion  of,  .     1747 

15  Musi  support  each  other-  u  hen,         71t. 
See   luui,if,U  :    Chil^rm. 

Pah>on>, 

1  Dy   the   L«>gi«Uture. .  .  .  .   494.5 

'J  Hy  the  Governor "j7,47I3.  4!»<K» 

Parti  AL  1  ailirb  ok  conmiurbation. 

1   May  l.e  plea<l.d,  2712   .'5402 

Parti  Ks. 

1  To   .  ontrM.  u- 2691  to  270t 

'J  To  Hetiuno    made    on    motion.  ...  3364 

3  How  made,  on  death  of  defcDdenl.   3355 

4  On  death  of  exocut^ir,  or    revoca- 
tion  of  bh  letters 3359 

r>  H(j\v   made  in    clai/n  au-vr 3357 

•1  Ke])res('ntativesnittyupp<-al--wbun,  3858 
7  Siuh   appeal   revive*  suit. .........  3.S59 

H  Where  the  parni^hee  die*. 33GU 

\t  Admm'istrailoT  tie  bon it  mm  toMj  be 
made  party 3361 

10  Scire /acia.s — eon  ten  L-- 3362 

11  Huw  issued  and  s^erv.-ii, 3363 

12  On  several  in  different  countie*,. .  .  3364 

13  "Where  defendant   is  non-resident,  33G6 

14  How  made  on  mrrriage  of/emr  sole,  3366 

16  Where  both  parties  die 3367 

1«  On  death  of  usee, 3.368 

17  On  death  of  trustee 3369 

IH  In  trial*  of  citizenship 3941 


INlJiEX 


lO^'O 


■  M- 341  •■ 

..    leinslf*  tiifirri 
judtjment 


>btaw>«'!i.. ; .  . 
,  wlunri  made 


I  J»  How  ni!i  : 
'20  To  ynjna!  a'ti" 
21  To  •ctV'Ti'^  <^n 
*J2  To  :ioti< 
23  Name.-  • 

2J-  "ExPClltin;. 

(11-  die."  aftf-r 
PakTitiox. 

2  Applic!itii>n 

3  Notice  ;o  ]>;irti!:'. — how  civon.  . 

4  Apiioiiitnu-nt  of  ]>nrlitioi;er? 

0  "Writ  nf  purtStiOJi — I'.inv  oxecuted, 
♦i  Defence,  and  trial  tit'i-?iif», 

7  Jiuli^hu-nt 

8  Linid  may  he  s"ld— wh^'n. . 

9  Pmreeds,  how  dispus^sxi  i»f^  .^  ^. . . 

10  Titl'-  ti,  j.urfha'..r 

n  PowiTfif  thccourtovt^rthepobject.. 

12  R'liKxiyof  jiarty  abhfnt'>rdisBbl<>(L 

13  Pariilion  of  pfrsonitlty 

14  lu  ofjuity, 

15  Decree  pa.-s-ies  title. 

16  Moulding;  the  decref 

Pabtkkks  am>  Partxkksiup- 

1  Partnorsliip — how  createi. 

2  Extent  of  partnersliip, 

o  Open  and  dormant  purinor; 

4  "Wliat  eon9titiitei»  a  partnorsliip, 

5  Time  of  its  commeucement 

(J  How  long  it  continues 

7  Duration  and  dissolution. 

8  How  dis,';olved 

9  Notice  of  dissolution 

10  Kflect  of  di.'ssolution... 

I I  False  partner — forfeiture. 

12  Partnership  must  be  denied  on  oath,. 

13  Suits  by  and  against  j)artners, 

14  Execution  of  bonds  by  partners...  .  .  . 

15  Interest  of  eacU  partner.  ......> 

16  Contribution  when  one  i.«  insolrent,. . 

17  Good  faith  of  partner.* 

]  8  Power  of  each 

10  Introduction  of  new  partner 

20  Powers  of  majority 

21  Rights  and  liabilit.v  of  sunritor, 

22  Secret  stipulations 

23  All  bound,  by  act  of  each — whou 

24  Dut,y  of  agents 

25  Matters  outside  of  pai^tnersliip,. . , .  , . 

26  Loans  of  money  to  one  partner, 

27  Buying  from  one  partner 

28  Guararj:y  and  endorsements 

20  LiaViility  for  fraud  of  partner, 

SO  Eor  torts  ot  partner,  and  servants,..  . 

31  Power    of   partners     after     dissolu- 
tion.  1!)I», 

32  Assets- — liow  disposed  of,  &c 

38  Garnishment  on  partner's  interest, .  . . 

34  Limited  partnerships, 

35  For  what  purposes  formed 

36  How  constituted, 

37  Business  -  by  whom  transacted, 

38  Specifications  of  certificate, 

39  Certificates — how  acknowledged 


■  'M)] 
:iii02 
:;.M)3 

30!. tr, 

3U07 
3008 


311.') 

3110 
3117 

IHS'J 
1890 
1891 
18!>2 
1 893 

1 8;*4 

1895 
1 89<; 
1897 
1898 
18  9: 1 
1900 
1901 
1902 
1903 
1904 
1905 
190G 
1907 
190S 
190:,t 
1910 
1911 
1912 
1913 
1914 
191.0 
1916 
1917 
1918 

2873 
1920 
1921 
1922 
1922 
1923 
1924 
1925 
1926 


1927 
!:  A:^id.,,;;-  o;'uv:'.'jr;v[  Ip-tiiX^'i-" 192S 

42  Inio'-mai  riartner.ships 1  :i20 

43  Pn'-       •     -        •      II-  l!t;(0 

44  Pro  ,  \%U 

4b  Ren  ■.  .     ....  .    ;.i  ;., .  !9;{2 

4fi  Alter.jtioii.  a  ilis'»ohitimi.  .  19;J3 

47  Fini:  uaai(> 1 934 

■•48  Suits- i.oW''  broiigiit.'.  '.......'. 19.i5 

49  Capita;  i^tock  not  to  be  witlulrawu,. ..  1936 

50  Partner  shall  refund  interest  or  prolit.'*,  19)^7 

51  Priviiegef  &(r.,  of  special  i»arHierH,  . .  1938 

52  Lial'uiry  o!  gii»©r^,piirtners, 1939 

53  Fracii  of  partners— penalty, 19-10 

54  Fra!;ili;ient  assignments,  void,.   i:»-li.  1942 

55  Franl  makes  special  partner,  gei.ei.il,  1943 
5f;  SiJeciai  pfctner  postpoBe<l"— »when 1944 

57  Dirtsol'ition — how  etfecte^l 1945 

58  Judgment*  for  or  against  firms 3495 

59  Omission  of  partner's  irinios,  in  plcail- 

ing  amendable, :!414 

Patrik  Law*.      ■  •  • 

1  Comrnis.sion"rH  of  patrol 1354 

2  Their  oath i:!55 

'■'  Patrol  comp.inie^ I  :?5G 

4  Caj)t,ams  of  patrol, l.'!57 

5  Notii^-e  to  moinbor.s, 1 357 

G  Penalty  against  delinquents, 1358 

7  Defs,^lt«rs — how  dealt  witli, 1359 

8  Penalty  for  opposing  patrols, 13G0 

9  Who  nubjeot  to  patrol  duty, 1 301 

10  PatruLs  shall  keen  ann.s,  Ac, 13G2 

1 1  Duty  of  patrols, 1  :!G3 

1 2  Requi.'iites  of  .slavo',s  permit, 1 3G4 

13  Power  of  patrote.  -..*.! .' .' .'.  ..•....:..  1 3C5 

14  Penalty  for  refusing  senroh, 1 365 

15  Patrols  niay  sie/.*^  weapon.% 13G6 

1 0  When  ma.stor  may  arm  .slave, 1 367 

17  Laws  apply  to  free  negroes 1368 

IS  Oflioer-s — pafrof  jjoWetH, .'....'..  ':.\  .  1 3<1 
19  Volimteers  exempt  from  patrol  duty,.    991 

Pa;:i>4:r.j. 

See  Counbj  I 'nor. 
Pay.me.vt. 

1  What  is  a  good  i)ayijf^})t, ........  2805 

2  To  a  nak.'d  triistee, 2800 

3  By  Po.->t 2807 

4  In  bank  bilb,  checks,  and  notes.  ..  2808 

5  By  stakeholder, 2809 

0  A|>propriation  of  jmyinents 2810 

7  Payment  on  note  equivalent  to  new 

promise 2870 

Peace  Wakrants. 

1  When  i.ssued, 4030 

2  Bond  t6  keep  the  peace, 4(530 

3  Breach  of  the  bond 4681 

4  Provoked  breach 4032 

5  Bund— how  extejuled .  46^3 

G  Wife  may  require  bond   from   her 

husband 4634 

Peddlers. 
1  License  to  peddle — how  obtained,.  1504 
2Porfeiture  for  pe^ldling  without, .  .     505 

3  License  fee, 501 

4  Any  tax  payor  may  demand  license,    500 


1040 


IND^X. 


6  Forf)  iture  for  not  i-howiniK;  it,  ... .     r>0('> 

6  ForfeitiirfH— how  recoTnred.  A07, 609, 510 

7  F<>rf«'iiiir<'«tl(i  notinU'.rf«^r<'  with  |k.'- 

nftl  law , Oil 

H  Exc«'(i(4'i|  asticlew, I/WW"> 

1i  N<in-t»-iilont«  nolto»flll  V  MimplH,  16<kl 

10  Oath  iiii'i  (  liaractcr  of,  ..'. IM7  i 

1 1  Lic»';i'-o  fur  .u»rli  v.'huh- 1668 

12  lAtiuy*:  to  ituli^pnt  Jll"rt^n^ 16tf^< 

I'd  '1'.)  foK  i^rnTtj, l'»7<' 

1-1  Mui'<l«>(i  ot   prtKjf  oil  l<>r»'nrot'r I.^TI 

•  30  Ille-al  iriul*'  with  i-liiV'^— (.<'nHltv.  44'.^H 
Pxiiix.iwii  wirttftuT  LioKNM 

1  runiphnKMjt  (or ' 

Penal  Lawb, 

1  Crime  or   UiiBdfintniU.r  <i«lla«Kl,.,  4188 

2  Inlenlirn — how  nutoi:*'  iiI«q, 418^'' 

ii  Wlu;  HI*'  ({••eiii.«'l  .jf  ►ouo'!  iniod,.  ..  41iO 
4  Inrnutij  iinJ«r  (en  jenr-  o'.  age  .  .  .  41'" 
fi  l.iiniiiic^ — wh«'n  CHpAtil«  of  crioif,.  41 

(>  I'ii>'(h  Hlmll  not  \m^  codvicied, 41 

7  ^V'lio  |>iini<>hahl«  iu  their  «^t*4,. ...  41 

8  IriHaniiy — how  irifd 41 

D  M.trrivd    womeo    under    bii«t>«iid'« 

ooerciuu — who  piinitliahle 41' 

10  IJi  iinkenne»i» — whcu  i<ii   eiiune, .  .  .  4 1*.'. 

1 1  l'<  r-'Xi  I'aiiMiig  il  ptiDii>h«l>ie, 4r.<7 

12  Ml -.(■11  time  or  »« »i  l«»tit 41'"^ 

J3  r«-r>-  jiiM  •  iier(;iii|{  or  iulncin);  alMvee 

to  tiiKM',   [lUoiabttbU, .  .4i'.*'J,  4if«'<i    * 
14  IVtmjiik  under  fear,  excnaable,. . 

l.>  I'Vl.nv  <1«  fined. 

h\  l»ritlc^pl.•^,  Lc, 42U4  u.  421' 

17  t'liiue-*  ugiinal  8U(e 4211 

18  ('rill  eo  agitiuBt  (he  peitioii,  4210  i' 
lOJuMitinhlc   iiotuicide. .  .  .422'.  ■•2- 
'/()  Kent  tiiu?<l  t*e  iY4»oiii4(>)r  10  excii  ' 

21  Killuig  ill  defeocc  ot  habi(«(ioo, 

22  i*»t'li  dcfent  *•  defined 

'.SS  (lilur  Ui'iiucidt'*!  (in  r^tmc  looting 
24("iiuf[*  f»(ii«ini>t    h;.t>iiaiM>ii.  4 'T 
li5  (.'li'i.'CJ'  ri'imive  to  |  r<'p«-tty. 
20  I  ovj^eiy  and  counterlVitiu;;, 

27  Unlaw  lid  cm  retry 

28  0!)tiJCf»a^Hin»:  public Juatici- 

2'J  .Ai^ir.u^t  j.nhIio  |ie:«C«",  &c 4..:iJ  4414  . 

;;<)  A.;uin>.i  I  ulilic  moralio.  Sic  441.'>in4Jr»4  1 
HI  Otf.  I  c.  -    l.v   t>wnuiler* ^  <'  ' 

.S2    VI  ,1.,,     u-  l.il^c  hlcl,  ic 

ii;<  ( ^t^Vu^•^•^    ttlilive    to   "liiXfii.,    •i^'^, 

o4  Off.  r.cei*  hy  l<>»n.c   Oiru-er!«.    4322  : 

3'j  l'io>iiMniin(.in  HgaioM  itietu, 

86  FiJiudu^eDl  levic?, 

37  Uiilro  tJs — puni»huitut  lur  iniuri... 

S8  Tfle^rapL* — iujurica  to. 
SOOM^iuiiig  goods  ou  faU«  «: 

40  Unluwlul  if^ue    of  currency. 

41  Ci  lu'iiy  in  Jailors, 

42  D  tiution  of  iffice  h<>ok».  v*Cc 
48  (.iaining  with  Pot^t  i.Sc«' clerk ^, . 
44  ln<iiclinent,  when  tfuthcienl.: .  . . 

40  F.  rin  of. 40 1  u 

4tj  Kxcepiiuun — wben  to  be  taken, . . .  .4017 


1  ■«  _ , 
4:.i' 


47  C>8t  on  malicious  prosecution,.  .  .  .  4618 

48  Costs — bow  paid  where  party  i-s  ac-  • 
quitted  or  insolveni, 4.'>1'1 

■!'»  Arraignments, 4'>21    4.').4 

00  Plea,  guilty  or  not  puiliy. 4r»J4 

M  Plea  of  guilty  may  he  withdrawn,.  4«'iJ4 
02  Standing  muie,  ispha  of  n..t  ^juilty  102'. 

O.S  Demur rerx  and  i<pe4  iai  plea- 402t) 

04  Issue  recorded  at  any  linie 4027 

00  \rrai^nrueni  and  plea  to  he  oniered 

on  indictment 4528 

•V.  Prinoner  not  to  I  e  tattered 452'.' 

" '"h, !'  -n  graver  •iiren<f> 4080 

•  net*, ...  4031 

>(  luw  and  la«  I, 4082 

<MV.  4.'i3<; 

*•>  li>  :riable  at  first   ieru<,..  4biV.'> 

(•2  Critniuiil  docket -how  callvd,        ...  4092 

A.!  flrate  hi  riuioci-s first, 4'i't2 

■><-.!'.■■- 1  .  .  : 

'  -  by  Slate,  1     J 

'  !.r  trial lO-jJ 

•  — whi  n  Nilowed 40R5 

ill.::  I.o   in    pUCi.       ■    .     , 

71   K.  iiompaid, 

■-1-  .  -i. 

<'ta — wbwi  s«'»l, .  4648 

1011 


\ui 


.LM.|!!-I|fi.. 

uodtr  oo  cxuiiaf 


1117 
4648 

4000 


I.unatie  khull  not  >m>  in 


r  i'  loiM  . 
I>eieni  wi 


jii   ii-ifO'it-r. 


'iver<i«d. 


1 '_'  I    i  ij 
102  No 


iC' d  to    penitentiary 


t  ranee  on  trial '<'.'< 

.    •  i..:cot  of  continuaoee  by  one,      .    .   1074 
100  Opprobrious  words  justify— wiitn.  467C 


INDEX 


1041 


106  0»lb  otf  inqaeei  of  iD<^»nity 

107  Record  of  evidence  in  certain  ca.--es, 

108  Form   of  centence  to  Per.eteitiary 

109  Collection  of  copt« 

110  Discharge  of  insolvt-nts, 

411  Bail  allowed  but  twioe, 

11-  Forfcifiir«»  of  recoL'uizance, 

118  Judgment   agiinst   buil 

1 14  Surrernler  <u  principal 

]  15  Dificretionary  penalties  how  Hniited 
IIG  Settiement  of  minor  off«Bee«, 

117  Of  oilier  caf-es, 

118  Demantling  excessive  oo»tP, 

11 'I  Two  Te'urriH  of  'no  oill,"  si  bH", .  . 

120  Insolvent  co-ts — how  paid,  &c 

121  Contempts  ot  court 

122  Attempts  to  commit  crimes, 

123  Bind  to  ]ir(iir'cute 

Pexal  Code   for    Si.avf.s  axp  Fi:k« 

soxs  OF  Color. 

1  Df-finition? 

2  Exception*  for  want  of  capucity,. 

8  IdioU  and  in.-ane  persons, 

4  Principals  and  acccssorie?, 

u  CoorciuD 

(J  Conft.'ssions 

7  RuUs  of^evidence — witnesses,.  . . . 

8  Maetrr.  competent  witness, 

9  Who  controls  defence, 

10  Counsel  lor  slaves — how  employed, 

11  Proceedings  in  capital  cases, 

12  No  second  trial  or  punishment,  . . 

13  Capital  ofl'ences 

14  Insurrection  defined, 

15  Attempt  to  excite  insurrection,. . . 

16  Administerini;  poison, 

17  Offences  which  may  be  capital,.. . . 

18  Minor  offc  noes — how  punished,. . . 

19  Manslaughter 

20  Provocation  to  slave, 

21  Self  defence , '. 

22  Pardoning  power, 

23  Minor  offences  specified, 

24  Offences  no*  named  in  code, 

25  Offences  by  free  negroes, 

26  Immigration  of  free  negroes, 

27  Discretionary  punishment, 

28  Capital  offences — trial  of, 

29  Duty  of  investigating  court, 

30  Proceedings, 

31  Attendance  of  witnesses, 

32  Bond  may  be  required  of  master,. . 

33  Minor  otlences— how  tried, 

34  Execution  of  sentence, 

35  Jailor's  duty, 

36  Certiorari, 

37  Discretion  of  Judge  thereon, 

38  Bail  after  commitment, 

39  Pending  Ckriiorar, 

Penalties. 

1  In  bonds  not  liquidated,  damages,. 

2  Compounding — punishment, 

Pendency  of  Formkr  Suit. 

1  Plea  of— when  good, 2835, 

2  Plaintiff  shall  elect— when, 

65 


4677 

4578 
4579 
4581 
4,582 
4583 
4.584  i 
4585  j 
4.580  I 

4587  i 

4588  ! 

4589  ! 
4.590  I 

4591  ! 

4592  I 

4593  j 

4594  I 
-IWtO 
Pek-  j 

4G92  ! 

4C93  I 

4fi94  i 

4G95 

4696 

4C97 

4G98 

4IV..9 

47(K) 

4701 

4702 

4703 

4704 

4705 

4706 

4707 

4708 

4709 

4710 

4711 

4712  i 

4713  1 

4714  i 

4715  • 
^716  I 

4717  I 

4718  j 
4719 
4720  I 
4721 
4722 
4723  i 
4724 
4726 
4726 
4727 
4728 
4729 
4730 

2882 
4886 

3407 
2835 


3  Attachments  excepted, 2886 

4  First  suit  by  informer  profvmd,  .  2837 

PKNITENTfARY. 

1  K"fusal  to  receive  prisoner    in  ....  4381 

2  Appointment  and  removxl  of  <  fli- 
ccrs. 4644,  4645 

3  Their  salaries 4646 

4  (.'lot lies  of  convicts 4047 

5  De.scription  of  convicts, 4G48 

G  ^Viarching  convict- 4i«49 

7  !l  -ading  law?  to  convicts 46-50 

8  Clothing  furnished, •..  4651 

9  Clothing  wiicn  discharged, 4652 

10  Labor — sunervisii  ;i, 4G53 

1 1  Hours  of  i-ih.ir .  .  46-54 

12  Garden .  .  46-56 

13  Cleanliness, 4G-56 

14  Hospital 4G57 

15  Puni>hment  by  officers, 4058 

10  Letters  to  smd  from  convicts, 4G6^ 

17  Visitors, 4G60 

]  8  Lights, , . .  4662 

19  Cells, 46G-3 

20  Spirituou.s  liquors, 4061 

21  Duty  of  in-pector, 4664 

22  C.  S.  convicts 4666 

23  Bosses, 4666 

24  Principal  keepers  duty, 40G7 

25  Morals  of  convicts, .*....  4G68 

26  By-lawB, 4669 

27  Accounts  with  the  State 4670 

28  Transportation  of  convict?, 4671 

29  General  supervision, 4672 

-30  Co'nfincment  on  Sabbath, 4673 

31  Book-keepers  duty 4674 

32  Drafts — payment  of  salaries, 4675 

33  Contingent  expenses, 4676 

34  Suita  for  dues  to, 4^]~^ 

35  Assistant  keeper,  and  overseers,.  .  4678 

36  Bonds  of  officers, 4679 

37  Oaths  of  olficers 4680 

38  Reduction  of  prices, 4681 

39  Delivery  to  successor, 4682 

40  Exemption  of  oflBcers, 4683 

41  Saleor  loan  of  mati  rials  forbidden,  4684 

42  Annual  appraiscmcjnt  of  stock,..  .  4085 

43  Record  of  transaciions, 4G86 

44  Physician's  duty, 4687 

45  Chaplain's  duty, 4G88 

4G  Bible  and  hymn  book  for  convicts,  4G89 

47  Expense  of  trials  for  escape, 4090 

48  Investigation  by  legislative  com.,.  4691 

49  Trial  for  escapes, . .   ; 4545 

50  Convicts  competent  witnesses, 4663 

Perform.vnce. 

1  Of  contracts,   2811  to  2814 

Perjury. 

1  Defined — punishment, 4355,  4356 

2  Subornation  of — pimishment, .  .  4359,  4360 

3  Verdicts  obtained  by,  set  aside,. .  .  .    4362 

4  Causing  death — how  punished, 4363 

5  Conviction  disqualifies,  &o., 4361 

6  By  bank  officers — evidence, 1420 

Perpetuating  TESTiiiONY. 

1  Application  and  order  for, ^816 


1042 


INDEX. 


2  Depopitiona  filoJ  imd  kept, 3817 

3  Record  of  applicuition  and  order,  ....  3818 

4  EfTwL  of  U'slimon}-, 38 1  r> 

5  Fees  of  comniiseioiicr  and  clerk,  ....  .?82fi 
()  Wheu  rjniie  in  r^quity, 30 1 1 

7  Posst'Hsion  o^  properly  immal'^riul, . .  'Mil 

8  'U'lH.'n  i!ii;  c-vi'leuce  may  Ix)  iinoU, 30 1:; 

0  Oompliiriaut  pays  co^ts, 301 1 

Vuv.fios. 

1  JVotvction  to,  duty  of  frovem.ii<n!t, . .  4"<K) 

2  Action  lor  injuries  to  Ih'j  p'.'r«>;v,. ...  iUiU 

3  U'lifit  i«  a  tort  on  Um  pcrvi  u. C':'i  1 

4  If  the  tort  bo  u  felony,  4c,.  •   IJ 

1  Niituriil  or  a:-titici;il, 

2  Divisions  of  imiurMl  )x>rfan> 

Soo  Alk'iiJi ;     CHizcita  :     GorporaJ^i.  ^     j  r- r, 
PcrM'Tt.-,  f'/  Qilor ;  Slnuci. 
Peiuson.m/iv. 

1  \Vh;i:  ;!,  i;icl'id"H JIG 

2  St<-H-|;»  .itf  pTWIl.i.'  ,  rJl'J 
A  So  «rii  njjiwfl, ...  ...'.':'  J  7 

4  In  pu.'v'^fNsion.  .    .  .  .    'liii 

f)  In  «cii'jn —  .  .  Ti  l'» 

6  Proporlv  in  •••j'lj 

•?  i'  ..L....; -iv^i 

8  '  .■>tho.-, . .  I'iii 

9  li.^  ..., ,  •'_•    • 

10  Cll-'^.r.  m  ;i    ■ 

11  li..:..-  ..  i  :   ■ 

ii:  1  -aoi; 

13  .M.  " 

14  Truvci 

If)  TreKpa»<>».    .  . 

l(i  Ri;;!a  of  M'  ,,1  Ijail.uontK,.  ZJiAX 

17  liiv'I'.tH!  of  r  297(< 

18  Injuries  to  -, .  , ,  - 2971, 

1 J  .^l:iu  IvT  i«r  m.i-iK-r's  title, 2U73 

20  lujurK's  I..  .  .V.  ;iij,ioj>>e.H, 597i 

21  (Jorriii  29T4 

22  Inciiin  .r.in^ 2S»7& 

23  1  larlxiruij;  i  ^ 29 1  d 

24  In  811MS  lor,  ,  pmdmte  liua 
mwy  Ix'  inclaii-a  by  .ijiaeudment,  ....  61 IG 

TER-SOX  ATI S<;    .A  \OTH KU 

I  '"^i  . .  4?,4;» 

•*  2  r-  .  .  4-,;:. 

3  ()l->.l.n..i;    ;.;►...-    i  ..-1102 

4  .\8  a  \vitiu>s.-< .    ;  lOl 

rtTiriOx-    \\:.   l'KOCl.»>. 

1  '''  locd  t'V  p<tilion, 32 15 

2  K  .;  of  lilin- 3218 

^     3  Aiitioxaiioii  of  pit'  .    32l7 

V     4  I'roows  ni!!V  tx*  \v  "''JO 

."  5  w  ,  ■  ■  :,s 

1  I'  "ir;...  j-.l 

,      ^  ^'  •  court,.  3252 

9  '• ■        -  Z'l\i 

10  Service  o<' SI  \  .  i>uialcs,  :t.'J4 

11  Return  of  p        -  ,      32i6 

12  When  there  is  no  cierk  or  Rliorifi;. . .  .<2.')5 

13  Teohuio:^!  ik-^ert*  iisn^^iirdi**!,    325S 

!•*  ^^  IS  iwriy, 3257 

15  •''i  -  u>d, 3269 


IG  Somco  of  procees  on  corporations,. . 

1 7  IJy  publication, 

1 8  Notiee  t^  HtookholderH, 

19  President  ehull  pive  tlw  names, .... . 

20  Air.cniinwntol  ]x»tition, 3410  to 

21  Ain(»tid;uent  of  prociM.n 200 

23  Anjond.ncTit.  of  ofTi.ii!  cntnorv,.  ?A1(\, 

I'lTVaii'IAKS  A!.; 


33S1 
3383 
3283 
3285 
341 S 
3420 
3427 


1*  1 

i'j  I'- 
ll l: 
12  I 

I.:  1 
It  I 

u  I 
i<;  \ 
17  : 

IS  \' 
19  ^ 


Jt  J 

4  i 

G  I 

■    6  I. 

7  1 

8  1 

9  i: 

10  ]■ 

11  .V 

12  1 
l.i  i 
14  : 

15 

!•>  i 

17  . 

18  1 
1ft  I 

20  I 

21  1 


24 
2.S 
2G 
27 
'16 
29 
30 
31 
32 
33 


i.tn 

1343 
1343 
134! 
134.'' 

i::ir. 


liCirOM^. 

■  ■  • 


lis, 

•f  pOMOIlt, 


S   4510. 


i.t.U 
i351 
13&3 
1353 
2016 
4613 
4613 
4614 
4615 


iiotjig**. 


;  '..'.3 

i4&4 

o«thofpIk>U, 1456 

14M 

1467,  1469 

n.'.H 


UG3 
I4Gt 
1404 
1466 
1466 

14CS 


i  H'  I»arture,. 


■ 14  . 

'8  foe*.  ..141 
■• I  t  ■ 


'••'  -•■». 

l*p(£naef, .  . 

**•..-••:.;'.,  a  fee*, 1 46 J 

.Vppeaia. \^^x 

'''"'■■"   -     •   -  •  •      '       1482 

I- 


ttiree,..  148.J 

'■  " "  -      ,  .... :.^..vn\ 1484 

Hr,:iich  piloiK \Axh 

LHb<.hargTng  ballast  in  harbor,  USCto  1489 


tNDEX. 


1043 


34  Pilot'H  duty  relative  thereto, 1**8 

35  Sni\3  for  fr;rfeiture?i 1490 

36  Present  ap])ointmenta  stand, 1401 

Pitch. 

Sec  InsrperJitm  and  Iii-ipectois. 

Plaxk  Roads.  * 

1  La\v3  rcgnbtinR ^'''J 

2  Shall  not  appropriate  bridges,  &<i C'Jl 

Pleadings. 

1  Form  of,  to  recover  real  estate, 3301 

2  To  recover  i>ersonart3', 3302  ' 

0  To  recover  money  c>u  notes,  Ac 3303 

4  Fonn  of  action  on  an  account, J53C4 

5  On  a  jmij^nent, 3305 

G  For  bn-aeh  of  warranty, ••■•O'j 

7  In  ivctions  for  words, 3307 

8  Applies  to  all  suiu  for  slander, 330S 

9  Inuendoes, • ;'•*'•'•' 

10  Forms  apply  to  executors,  ic, •"-'•'■0 

J 1  Abstract  of  title,  in  suit  for  land, ::  >  1 1 

12  Six-cial  plcviiiiri;^  prohibited, 32.";'J 

13  Petition  and  answer  make  issue,.  .  .  .  3:i84 

14  Patent  defect-'*, -" • 3.^S8 

15  Arabic  numerals  nay  be  used  in,  .  .  .  3184 

16  Amendment  of, 3410  to  3419 

&ee  F/i>uiij  rieaJLin.g  and  Practice;    Pe'-'tto'^. 

and  l^or£se,  1  ;  Phas. 
Pleas. 

1  Must  be  filed  at  first  ternv 3381 

2  No  jwrt  Fhall  bo  stricken, 3382 

3  Of  non  est  fackim, 3388,  3403, 

4  Dilatory  pleas  sworn  to,  &<;., 3385 

5  GeneriU  is.sue — special  pleas, 3:'.s7 

G  Default  and  its  effect, 3380 

1  To  the  j«i-u'»diction,  filed  in  person,  . .  3391 

8  Conteut"*  o<"  the  plea,    3392 

9  Must  be  sworn  to, , 3393 

10  Jurisdiction — when  adraitteil,. . . 3390 

11  (Consent  will  not  give  juria'dictiori, . . .  3389; 

1 2  Plea  of  set  oR; 3:594 

l?  Of  iwury — contents  of  pk'A, 3400 

14  Kxamination  of  parties, 3401 

15  Failure  of  consideration, 3402 

16  Pleiis  peculiar  to  exociitor:',  &c., 3404 

17  Other  pleas  by  them, 3405 

18  Of  mu  tkl  record. 3406 

19  Of  Coverture, 3408 

20  Of  former  recovery  and  pendency  of 
another  smt, 3407 

21  Sheriffcannot  defend  himself  by  show-  ^ 
iuij;  irregularity  in  process, 3409 

22  I'avment, 2805  to  2810 

23  Performance, 28 1 1  to  2814 

24  .vccord  and  satisfaction, 2819,  2323 

25  Recoupment, 3850  to  2853 

'>&  Tender    2315  to  2818 

27  Infancy 2693  to  269G 

28  Drunkenness, 2699 

29  JustificiUion 2933  to  2985 

30  Tender  of  damages, .  , 2983 

3 1  Tender  in  trover, 2989 

32  Sivtisfactiou, 2986,  2987 

33  Pleas  in  equity— veriSoation, 4103 

Plbdoks  or  Pawns. 

1  Definition  of, 2115 


2  Rights  of  pawnee  of  notes 2116 

3  Sale  by  pawnee,  .■ 2117 

4  Use  of  pawn — lien  of  pawnee, 2118 

5  Proiierty  ni  goods  pawned 2119 

6  Transfer  of  pawn, 2120 

7  S-nle  of  pawn  imder  execution, 2121 

8  Liability  of  pawnee, 2123 

f)  N'ec^sKiry  expenses — by  wh<»n  paid,  2123 

10  Increase  belongs  to  pawner, 2124 

Poisonous  DrlHtS. 

1  Side  of  mas.t  be  registered 4.<13 

2  Penalty  for  failure, 4W^13 

3  For  eeiling  to  negroes,  .  .  4510,  4514,  4515 
Poor. 

Set?  Counfy  Poirr. 
Poor  IIhusjs. 

See  Gotmtj  Poor. 
Poor  Sch(X)lh. 

See  Connnci  Sc.\oolt  and  FAuaittorh. 
Possessory  Wakranv. 

1  By  whom,  and  on  wlvit  grounds  i;.«ue<l,  3933 

2  How  executed, 3933 

3  Hearing — continuance, 3934 

4  Judgment,  and  after  pnieoedings,  . . .  3935 

6  Bond,  where  reiui  nod, 393^ 

G  Defendant  imprihom-d— when, 3931 

7  (.'ertiorari  and  trial  thereof, 3938 

8  Judgment  on  certiorari, 3939 

9  For  i'ngitivo  slave — issi«J, 1880 

PownER. 

See  Gun  Povdi-r. 
PowER-s,  Execution'  of. 

See  Kcpcut^on  of  Povyers. 
Powi:r  op  Attorvey. 

See  Principal  and  Agenit. 
Praciice. 

1  Rules  of — when  binding, 198 

2  Same  in  equity  as  at  law, 4117 

3  Supremo  Court  may  alter  its  rules  of,    211 

4  Rules  of— how  made, 3170,  3171 

President  ov  tub  Sexatel 

1  Flection  of, 17S 

2  Fro  Uimpore. US 

3  May  appoint  special  agent, 179 

4  His  per  diam  and  mileage, 184 

PUUW'RIPTIO.N'. 

1  Title  by,  defined, 2637 

2  Adverse  possession. 2638 

3  Actual  possession — how  evidenced,..  2639 

4  Constructive  possession, 2640 

5  Twenty  yoars'  possession  gives  title,. '2641 

6  Seven  year.s'  possession  gives  title — 
when, 2642 

7  De<Jication  of  land, 2643 

8  For  slaves  and  otlier  personalty, 2644 

9  Disahletl  persons  not  aflfected  by, 2645 

10  Suspended  by  disability, 2646 

11  Possessions  may  be  tacked,. . .  2646,  2648 

12  Oiher  exceptions, 2647 

13  Transfer  of  prescriptive  title, 2643 

PRESENTS!  E^J^. 

1  Sol'r.  Gen.  must  prosecute  on 4520 

Principal. 

See  Penal  Laim,  16;  Prmcipat  and  Agent; 
Principal  and  Surety. 


1044 


INDEX. 


Principal  and  Acest. 

1  Ho\v  tlie  relation  arises, 21.'i7 

2  Wh.it  may  be  done  bj'  an  Hfrent, . ...  2158 

3  Who  may  be  an  aKen't 2150  j 

4  Agency — liow  created 2 ICO 

f)  Revocation  of  npency '^^'{^  \ 

•     <)   Xdrenl  must  act  witliln  authority,  .  . .  2KV2 

7  i)ili<?ciicp  of  a;:entp 2UJ3 

8  Cannot  bviy  or  sell  for  self. 21G4 

y  .sh:dl  not  make  jjersonal  profit, 2105 

ll>  Cannot  dinpnte  jiriucipars  title, 21tit3  j 

J  i    i  k;ent  of  several ^I'j' 

\2  '"•.mmissionp  and  exj>eu8eH  of  affcnts  2168 

1  •      .-.ncy  for  ili'^al  purpose 21G9  j 

1-  rv.lificiition  by  i)rinn|>;il '■^'I®  I 

la  Min'-,'linj;  poodi^  by  ap.nt 2171  | 

.tj  lYineiiial.  lio\v)arijoun<l  byaciHofafrt.,  2172 

17  Form  ofa^rent's  ads  immaterial 217.T  ' 

18  p:xf«;nt  of  apcMl'H  aiitliority, 2174 

19  W'ljere  principal  in  nni  diM-loned,.  .  .  .  2175 

20  Where  credit  in  nivcii  to  ngwnt 2176 

21  rnncipal  l>ound  by  a^-l'f  rfpr<>WDtat'nH  2177 

22  Notice  to  apent  U  iiotii"<?  to  princ«|»al,  2178 

23  rrmripal  bound  for  apnl's  fraud 2179 

24  Injuries  by  another  jiKcDt, 21  fO 

2ri  Principal  iiot  liable  for  agl'«  trocpuSB,  2181 

2''  H'-nctitP  of  oontra-t 2182 

2'i  When  prinoiiml  may  rw^ovor  back,.  .2183 

2?  Agent  n  comix-tent  wilneca, 2184 

2!*  I'eclaratiotis  of  ajri — when  evidence,  2184 

:iO  .r\flidavil8  and  bonds  by  afrenU 218* 

XI  Money  paid  to  np.'nt  by  mistake,.  ...  2186 

:i2  Apent  may  sue — when 2181 

3.4  May  sue  for  injurj-  to  his  po»»He**ion,.  2188 
;u  Wiio  rcs|>orr!«ible  for  crinlit  jriveti,.  ...  2189 

•M>  Public  apeutP 2190 

3G  Gcnenil  liability  of  apentp, 2191 

37  Contrucls  beyond  ujithorily 2192 

38  Wife's  agency  to  buy  uwx-KsarieR.         17(i5 
fi<-i>  Agency  ;   Ag>n(;   ^^rt>rers. 

PUI.VCIJ'AL  AND  SCRKTY. 

1  What  conslitutos  Burvty^hip 2126 

2  Nature  of  the  oblipation. .  .  21 26 

3  One  of  Ptrict  law 2127 

4  Fi>rm  of  ixmtract  immatt-riui 2128 

5  E13cct  of  cuiuiKiundiup  or  releasing,.  .  2129 

6  Novation — iflect  of 2130 

7  What act«of creditor dimliarpeeurety,  2131 

S  Teuder  by  surety — i-flocl  ol, 2132 

9  Notiiv  to  creditor  to  sue, 2133 

10  Holding  to  bail  by  surety 2134 

11  (Jbli.c  .'u  of  surety  caiiu'i  WeileuUed,  2135 

12  Promi.-o  by  surety  m  iguoraijce 2136 

13  Process  ant!  judgment  ajf!unplsurelje«  2137 

14  Surety  may  attadi  jirincipal 2138 

15  May  .^ue  for  money  paid, 2139 

16  Effect  of  judgment  .is  to  sum  paid..  .  2140 

17  May  recover  usur\-  paid — when,.  . . .  2141 

IS  May  fcreoloec  mortgage.  Ac 2142 

19  Proof  of  suretyship  before  judgment..  2143 
•JO  Proof  after  juilgment 2144 

21  Control  ofji./as.  by  sureties 2145 

22  Wheri  sued  separately 2146 

2.1  Payment  by  surety  pending  suit, 2147 

.  24  Contribution 214S.  2151.  2152.  2153 


25  Bima  fide  pun  tiaser  protected, 2150 

2G  jVe  ex'^dt  agam.-t  co-surety, 2154 

27  Subrogation  of  sureties 2155 

28  As  to  securities  for  the  debt 2156 

PRIKTER  (PUIIUC  OR  ?i  VTF  \ 

Sec  State  I'rinter 
Prison  Boi  si»«. 

1  How  laid  off  and  <l.iiuge<t, 2007 

2  Plan  of  to  he  peo<.r<le(l 200H 

3  Benefit  of — how  obtained 200!> 

4  Ce»e(-s  after  six  months 2010 

^  When  sherifT  ia  bound  as  surety, .  . ..  2011 
6  Jailors  fee* — by  whom  paid 2012 

PRIaOXBB. 

1  Shall  not  stand  m  bar  d<><k — when,..  4521 

2  Shall  not  l^e  arratgned  in  fetterx, 452f> 

3  Penally  for  not  re*x«iviiig, 4380,  4281 

PR|V»11-    >  M>,S 

1  :  "Od  «ak,  .  . 

2  .-  • 

3  To  delirtud  i.ridiiorp 

A  VolunVtnr  Hj^hJji — wlicn  void.. .  . 

5  Krai,  i  ^ivoid"*  sale 

6  Frail  

7  V.  '  ■  nt  IS  fraud. 
X  ,     ■ 

•(  :  '  • 

10  I 

11  V 

12lili.  .fitle 

13  No  '"'in  n«>rjri*. 

14  PunbaH..-^ 

15  Knlir*.  or 

10     !    •    •  .UKi!. 

17  sing  laod.  ' 

!.>•   .  ■  '    ' 

1 ".' 

•Jo  .  .     .  .■  '■_ 

2 1  luauwpiaey  of  price 2603 

22  Pi:n"hR?e  in«nev — when  d«!», f<04 

•y\  '       .  2'"^■^.  ir^r, 

•.M  -■■    "' 

,     •.'■.  \ .    .  .     .     .   iti(J(* 

s  rx>BKtruc>d  2609 

:.  .  . 2610 

2>  sold, 2611 

2;.  I  2612 

30  baner  and  exchange.  2613 

Priv  kty.  W  us 

:"i  ' 

4  led ' 

:.  '  .:nd  owners ■ -» 

(.  .ut 695 

■  >.(  w  ;isc<-».s«-d C96 

.'  cost,    697 
..  ;it, . . .    698 

10  Must  be  tntcrtu  .u  road  book 699,  700 

11  I.And  ownTB  may  open  way  oonjomtly,    700 

12  And  -ion  work  on 701 

13  Dan.  r  over  wild  land 702 

14  I-  "  :  ,^vi  in  seven  yea ra. 703 

1 ,"  losed  after  one  year, *  704 

iL  -■ ..y^ • '«& 


INDEX. 


1045 


17  Extent  of  the  rijfhi 

18  Where  but  on^^  placf  of  landing,  .... 

19  Use  of  landing  stated  by  applicant, .  . 

20  Dam«ie^"s  nsflessed  in  reasonable  time, 

21  May  hie  converted  to  public  roads,. . .. 

PninLWED  fk)M^lU.VICATIOXS. 

1  What  i-.ro  so  deemed 

2  MaJicious  use  of, , 

Process 

1  Amendment  of, ?00. 

See  Petitio7i  owl  Proc/i-tx. 
Processioning. 

1  Appointment  of  processioners, 

2  What  is  proce.ssiouini.', 

3  Surveyor's  duty  —plat — evidence, .  .  . 

4  Rules  in  case  of  di.sputed  lines 

5  General  reputation — acquiescence,.  .. 
•6  Adverse  po.sse.^sion, 

7  Protest  and  trinl  in  .Superior  Court,.  . 

8  Fees — by  whom  paid 

9  Return  of  proce.'sioncr.^, 

10  Land  cut  off  by  pfrean 

IPROHIBlTrOX. 

1  Nature  of  writ — when  it  lies, 

2  Does  not  lie  against  Governor, 

3  May  bo  granted  in  vacation, 

4  Enforced  by  att.'^nhment, 

5  Superior  Court  may  ^lant, 

(Promissory  Notks. 

1  Dehnition, 

2  When  payable  in  specifies, 

3  Negotiability  of, 

4  Protest  and  notice  t/)  endorser, 

5  Rights  of  'xyp^.f^A  holder, 

6  What  is  noticu  of  di.shonor, 2736, 

7  Title — when  questioned 

8  When  due 

9  Good  faith  of  holder  presumed, 

J*ROPERTY. 

1  Protection  to — duty  of  government,.. 

2  Taken  only  by  due  process  of  law,.. . 

3  Taking  private   property   for   public 
use,' 490!^, 

rpROPERTY  Exempt  froji  Sale. 

1  Specification  of, 

2  Schedule — priviletre  of  wife, 

3  Land — how  laid  off, 

4  Objections  to  survey — how  tried,. . .. 

■  5  Town  property — proceeds  of  sale, . . . 
1  6  Land  sold  subject  to  exemption, 

■  7  Levy  or  sale  of,  a  tre:*)as?, 

*  8  Alienation  by  debtor 

9  Settlement  of,  on  debtor's  wife,  &c.,.. 
IProsecxjtou. 

1  Name  of,  endorsed  on  indictment, .  . . 

2  Liable  for  cost — whefi, 

3  Shall  not  have  fees  a,s  witness 

rPROTECTION. 

1  To  person  and  properly, 

iPBOTEST  AND  NOTIUE 

1  Of  bilLs  and  notes, 

2  Sundays  and  holidays  not  counted,  .  . 

iPUBBLIC  AaEXT.S. 

1  Not  personally  liable, 


705 
706 

707 
708 
709 

2922 
2923 

3420 


2352 
2353 
2304 
2355 
2356 
2357 
2358 
2359 
2360 
2301 


3136 
3 1 34 
3133 

4127 
4980 

2723 
2723 
2724 
2731 
2735 
2740 
2739 
2741 
2737 

4890 
48'.)  1 

5054 

2013 
2014 
2015 
2016 
2017 
2018 
2019 
2020 
2021 

4518 
4518 
3771 


4890 


2731 
2733 


2190 


PcBLic  Arms. 

See  Arm-i. 

PuiiLIC  BUILDISGS. 

1  Pennlty  for  injuring. 472 

PUKLTC  Deht. 

1  Of  what  bonds  it  consists, 868 

PUKLIC  DOCIMESTS. 

See  Dncumentanj  EvuJehre. 
Public  Inuecescy. 

1  Definition — puaishment, 4420 

Public  Money. 

I  Account  of  to  be  published, 4947 

Public  Printek 

See  Stof^  PrinfT. 
Public  Property. 

1  Building.H  belonging  to  the  State 885 

2  Those  in  which  State  has  interest,  .  .     886 

3  Lauds  owned  bv  State 887 

4  Stw'ks  owned  by  State, 936,  937,  938 

5  Library,  furniture,  arms,  .tc, 939 

Public  Revenue. 

1  From  taxation (See  Tax) 

2  From  other  source.-?, 865,  866,  867 

Public  Hoaus. 

See  Poofh. 
Puxishmext. 

1  Cruel  and  unusual 490 1 ,  5057 

2  ComniutiUion  of,  in  murder  cases,  . . .  4220 
Quarantine. 

1  Penalty  for  violating 4434 

See  JJeaith,  ffos2nM,  Infection,   and  Quaran- 
tine 
Quia  Timet. 

1  Proceedings,  for  what  sustained,.  . . .  3153 

2  Judges  of  Superior  Court  may  grant,.    243 

Quo  Warranto. 

1  In  what  ca.ses  it  Ues 3135 

2  Judgo.s  of  Superior  Court  may  grant,.    243 

3  May  issue  in  vacation 3133 

4  Does  not  lie  again.st  Governor, 3134 

Railroad  Companies. 

1  Shall  keep  crossings  in  order, 678 

2  Extent  of  crossings 679 

:;  Siiall  erect  blow  posts 680 

4  Engineer  shall  blow  whistle, 680 

5  Neglect  to  do  so,  indictable, 681,  682 

6  Ohi/M  on  company  in  case  of  injury,. .     6S3 

7  Suits  for  injuries,  where  brought,..  . .     684 

8  Notice  to  repair  crossings, 685 

9  Company  failing,   done  at  their  ex- 
pense,   686,  687 

10  Disposition  of  money  when  raised,  . .     688 

I I  Defence  lo  fi.  fa., 689 

12  Shall  not  appropriate  highways,  &c.,.    691 

1 3  Punishment  for  intruding  on  track  of,  4334 

14  Punishment  for  injuring, 4335 

15  Are  common  carriers,  and  so  liable,  .  2064 
It)  Liable  to  employees 2054 

17  Liability  of  connecting  railroads,. . .  .  2066 

18  Damage.s  for  right  of  way, 2977 

19  Liable  fyr  injuries  by  cars, 2978 

20  Negligence  of  injured  party, 2979 

21  Liable  for  acts  of  employee, 2980 

22  Shall  keep  record  of  stock  killed, 2981 

23  Carrying  slaves  without  permit, 298i 


1046 


mDKX. 


24  Tax  on  railroad  coinpanioR, 74<5,  '748 

Railroai>h. 

See  Ra'tlroad  C(nnpafiicf> ;    Wi^t'-ni  <{•  Atlan- 
tic Hiiilroad. 
Rape. 

1  Definifion  and  pnnipliiiH-i.t,..  .  .  •124P,  A2V.) 

2  Assault  with  iijUnt  to, 42J0 

Realty. 

1  Ddiiiition  of, 2101 

'2  Fi.vtiirPK, . .  .  21 9S 

.'.  liecomo  personalty  when  de1ach(kJ, .  .  2199 

4  Tenure  of  realty  in  (ifH»rgia, ........  2200 

5  Kminciit  (ioniaiii, 2201 

(i  When  and  liow  o.xerrised, 2202,  220r. 

7  Coinpcnsaliou  to  ownor, 2204 

8  ro\verofior{)oration8,  forpublicjrwxi,  22<if» 
"J  Ki^'ht  to  ninniiij:  water, 2200 

10  Rijinrian  rij^'litu, 22'»7 

11  Navitrablo  Hlrennifii  delinc-d, 22lih 

12  Rif^htH  ol'adjatvnt  land  owdcth 2209 

13  I'owir    vf    owDt-r     (1     iij,:i\  •;:.il>le 
Ftrcani;^, .  ..2210 

14  L( weH  and  dilfl:cs, I'Jll 

15  13ridg«  and  furry  rifjhl^ 2212 

JG  PVaiichiw — when  ^.vcMi.sivc, 221.i 

17  Kipjht  olprivatfc  wayw, 12)4 

18  Cli;:rf»!K  on  laijd, t;2l.') 

19  Dt']»ohit(  M  and  inrn»ahe  ou  land,    ....  '.221 

20  Actum  fur  liind<mng  enjoy inc'M  t'lj. .  TJUb 

21  Riglil  orpofswHion,.. "3ot> 

22  Bare  posM-tbitin, 2y.j7 

23  Hare  lit!« — rvLt  ol'on  liuvin);, -•Ji8 

24  Di.«piil«'<l  1K1S!-.-  sioM, 2969 

2r)  Inti-rfiToni'c  witli  water  cour8ii«, . . . .  2960 

26  Undt'i^round  Klnains, 2961 

27  Rights  .•.Ik)\("  and  U-l<>\v  wirfaft-,, . . .  21'C2 

28  InterforeinHJ  witt*  right  t>t  v^av, 2W63 

29  .^laiidor  ol'  title, '. 2:>64 

RkCAI'IION 

1  Ul  lupitivu  hlari-H  by  lunstct  :  t-79 

Receivi.n(j  yruLK.N  tiooun 

1  Dt'tinitiiin  nud  puiiihlmienl,   .<J82 

2  Though  priuoi{iul  U>  iiut  tukfii, -i.ik'i 

3  From  uigrot^ — puiiit^hmcQt. '3i*S 

Rbceiiin 

1  May  iio  cxpiaiiiid  by  jiarol, iiO 

2  Of  distribuiot'g  and  Ugat<^s  ou  tiuul 
wttkinint — l.ow  attvJt^d,  4c, 2501 

3  To  guardian  on  tinul  tiettlcim-ut, 1797 

Rkceivkk.^. 

1  Appointment  of, 271 

2  Funds  in  their  hands  may  be  iavtete<i,     272 

3  Their  duty  aud  liability,'. 273 

4  Of  banks,  JLc,  to  whom  aiDeaablo. .  ..     273 

5  Their  duty  and  roiupcnsntion,.  14j6,  141*7 

6  Must  give  bond  when  required, 274 

^  Xot  eubji-ot  to  ganii!?hnM'Dt. ."^476 

IvBCORDS. 

1  I'reserv.it'on  of. 469 

2  Amendment  of, 200,  3428 

Qee  DocumtjUar  .1  /v.  ,.*»;</>,  . 

R»oori>ifKXT. 

1  Detinilion  o' 2«60  1 

2  For  what  it  hes, 2852  j 

3  When  pUadable, 2853 ' 


4  Differs  from  set  off— in  what, 2861 

RiMXTRY. 

1  By  landlord,  when  tfnant  fails  to  pay 

i-ent. 22G7 

Rkfcsdixo  BoXT)». 

1  When  given  to  adminjsiralors,.  2f)45,  2502 

Rr.OtfcTRATHiS. 

1  Proof  ol, 3742 

2  Of  conv(  yanwH, 2667  to  2675 

3  OfyiV"   •*•'>"?  jToix  riy 2671 

4  Of  mortgDgi'a, .  .  .  .  U'f.R  to  1963 
Hkleasb. 

1  Is  a  coTni>leto  delenw, 2.SO0 

2  By  oj^  ration  (  f  law 260;! 

3  By  iiiti  tinurriige  of  |>articfi, 2804 

4  Of  Willi. y-w'fi, 3781 

HkI-IOION. 

1  Kone^lialibeettablifhedby  lnw,48J)4,  &OoO 

1  No  I  i.]A  lost  on  ucootintoC  '■94 

1  Koi;'.'  ir^piired  for  oflu  .  '  ■v94 
Rlu«)i<  rs  W«»»t.sim> 

II  i.;', 4447 

2  1  ^r  lu  OJil«  of,.  444 « 

T  < 

!u  muinder  and  Jievrrrion. 

1  ,,  '•<  I  hIaviH% 2222 

2  .'.  .jouh  of  corpuB,. .. .  223G 
3ili«y  u.-irnia  UiiMiit  for  lite  from  iw- 

ino\i..g  j.n<|*-ny  out  of  JStalo, 2243 

4  May  riNjuire  bond  of  purdiacer  of  life 

Mtatu, 2244 

S»,    .'   '  /   ■        '•.1^/1   ff4   h'fmaind''' 

RfmI.  ,,. 

1  ."-hull  I*  pro\ id«d  for  ewry  right,  3 1 74,  4897 

Rl.NT 

1  :  2S68 

•J..  -irtfr^rt. 226» 

.i  \»  j..  u  i  ..rt .  ;.pt  from  Wile,.  2270 

4  i';t'!ii',\,i^  <  nut, 2274 

f.  .-  .rrm,...  2269,  40r,2 

G  ,  f.jr— wheu. . . .  22G7 

7  \.  .  .  ;j  i.ii.uu.-  ixi.i  ii.iy  be  rettrvertd,  22C7 

8  rrt^t*»iiLg9   ogninFl   Uiiatit  holding 
over, 3983  to  3987 

9  I'i.-tnsa  wtrranl  for — ^iow  ict^ued...  .  &101 

10  Levy  md  sale  under  distrese  war- 
rank 6101.5102 

11  Keflevy  of  the  property  le*-i«l  on,.. .  6103 

1 2  Trial  of  claims  lo  the  property^ . .    . .  5 104 

RkPLl.VT 

1  (Jf  property  in  attachrocnt, 3232,  3233 

2  By  claitnaut  in  attachmeot,. 3237 

3  In  claim  c-atteR. 3665 

4  In  bail  cnsba  for  pcrwonidiy, 3353 

Replications 

1  Abclished  in  Georgia, 3384,  4109 

Rki-oeter. 

1  His  (ippoiniuieot. 219 

2  H  is  oath  and  term  of  office, 219 

3  His  dutiew  sf*-cifie<l, 221 

4  May  apQOint  Mwtant. 220 


INDEX. 


1047 


5  Shall  not  publish  argument  of  counsel,  2222  I    15  If'enalty  for  refusing,  ...^ 588 

6  Forfeiture  for  delays, 2223  !  1 6  llanda  summoned  on*  4ay, 589 

•J  Entitled  to  copyright  of  reports, 22^4  '    1 7  What  Eummons  must  st«t«3,    591 

8  His  salary ■  IS'JlS  '  -1^  i>uty,ol  oversc-ers, . .  .^^ 589  to  593 

Rb8CIsion<.p  Contract."  I   I'.i  Deiaultere  s-ubjoct  U)  lint- 694 

y  instruments,  6^c.,. .    595 


9  nu)  bauuy »».^.j      ^  .-- .   ^ 

18CIS10N  <.p  CoXTRACT.  I'.i  Dt'iaulterfl  s-ubjpc 

1  By  consent,. . , 2800  '   "0  Extrsv  rdinary  m 

2  Without  consent, 2801  i   "J  I  Tart  of  road  may 

-r,^  I    '22.  Ihi'.v  of  anrdiciin 


2 
Rksctjk. 

1  Definition  and  punishment^.  4372  to  4314 

2  Attempt  to '1375 

3  or  negroea — punishment, 4504 

RBeiDENC'B. 

1  Ten  days  gives  Justice's  Comrt  juris- 

clKtion, '•O'lO 

See  Bomicil. 

RkS  GES<TyK. 

1  What  it  is, ^'-''^'fi 

Keveuhion. 

See  EstaifA  in  Remainder  and  Reversimi,. 
Revocation. 

1  OfwiU.s, 243Sto2446 

2  Of  agency, 21(11 

3  Of  loans, 2UO 

Retam,  Lii;:;nsk. 

1  How  obtained, 1  •''''< 

2  Fee  therefor 5ul 

3  (Jonlined  to  1  year,  place,  ami  person,  r>u2 

4  Tax  payer  niay  demand, iJ'J'^ 

f)  Furleitun?  for  not  showing  it, TiOG 

6  Forfeiture  no  bar  to  prosecution,. ...  511 

1  Retailor  dotinecl, 13H2 

See  Tavern  and  1-ieioAl  License. 

Retatliso  without  Licenbe. 

1  Forfeiture  for,  to  county, ft*'?- 

2  Indictment  and  punishment, 4440 

Retraxit. 

1  Definition ^378 

2  Diflers  I'roin  di.smissal, :i37'J 

Rewards. 

1  For  felons 65 

2  For  fugitive  slaves, 1838 

Rice. 

See  Cotton,  (Jura,  Rict;,  rfcc. 
Rights. 

1  Kot  euaineratcii,  retained, 4914 

2  Remedy  for  every  right, 3174,  489T 

Riot. 

1  Definition  and  punishment, 4A00 

Rivers. 

See  RtnUi/,  2  to  14. 

Roads. 

1  Public  roads  defined, .'>74 

2  Width  and  how  cleared  out, i^'io 

3  Bridges  and  causeways — how  built, .     576 

4  Road  districts — how  laid  olT, 577 

6  ApjK)rtionmetit  of  hands, 577 

6  ftoads  and  districts  to  be  registered,  .578     ^ 

1  Proc^eedings  to  lay  out  or  alter,  579,  580,  581  ,  Sabbath^. 

8  Void  roads, '. 582  1 

£    9  Discontinuance  of  roads, 583  • 

'  iO  Mode  of  laying  out  roads, 584  j 

J}  Persons  subject  to  road  duty, 585.  ( 

<      12  Same- hands' work  butone  road, .•  586  i 

i,  13  Extent  of  work  required, 587  : 

14  List  of  slaves — how  furnished, 588 


/  be  allotted— bow,    596 
2i Duly  of  appliciint, 597 


1^3  Ajijilicant  liable  lis  others — when, 
24  Ponalty  lor  failing  to  work  his  part, 

2-5  Pi.oad  worker  may  complain, 

2G  Proceedings  thereon, 

27  Meeting  of  commi.'!^ioiK'r8, 

I   28  Notue— excuse  of  defaulter.--, 


598 

599 

600 

GOO 

601 

GOl 

G02 

603 

604 

606 

605 

006 

607 

608 

609 

610 

612 

611 


29  Executiix-  against  defaulters, 

oO  Fines — how  disposed  of, 

31  '"-unstable  ruled  for  not  coUectiug, 

32  Lien  of  commissioners'  judgment, 

;;;>  lliegalities  and  claims, 

34  Timber  -  how  used  and  paid  for, . . 
o5  Roads  measured  and  posted, 

30  Signlxjards  at  forks, 

37  Penally  agaiustoverseer  lor  failure, 
o3  Ovi-r>ei.r  subject  to  indictment,. . . 
i'/j  Land  owner — how  redros.-ed 

40  Railroad  hands  exempt — liov.,. .  . . 

41  Jury    summoned    on   petition    of 
hiiia  holder, 612 

42  CoiniM^tency  of  jurors, 613 

43  Trial — how  conducted, 614 

44  Notice  of  meeting, • 615 

45  Time  and  place  of  meeting, 616 

46  Challenge  of  jurors 617 

47  Postponement  of  trial 618 

48MLslriai G19 

49  Judgment  may  be  certioraried, . . .     620 
hO  Final  judgment,  &c., 621 

51  Value  i)f  land — how  estimated,  622,    623 

52  Uversei'r  fined  for  neglect, 624 

53  Altering  or  obstructiTig  roads,  G26,    626 

54  Streets  worked  as  roads — wbon,. . .     627 

55  Voluni^-ers  exempt  from  roadduty,    991 
S.?o  Brid^cn,  Ferries,  Turnpilu s  and  Cauae- 

u^ayn  ;  (A'tumuisufners  (/  PuUlc  Roads ; 
I'rfuite  ways. 

Roubhry. 

1  ix-tii.ed— punishment,.. 428ts  4287,  4288 

2  Asstiult  with  intent  to  rob, .  .4L'')'.>,  4260 
Ro^iN. 

See  hi»per,tu>n  and  Ins-pectoi-K. 

P.,     LES. 

1  Of  practice— liow  made 317(\ 

2  VVVien  binding • . . 

3  Supreme  Court  may  alter  its  rules, 

4  For  new  trial, 3648, 

5  To  establish  lost  papers, 38«6, 


3171 
199 
211 

3()49 


1  Work  on,  i.rohibited 4451 

2  Penalty  for  running  freight  trains,  4450 

3  Punishment  for  working  slaves  on,  4449 

4  Fines — how  disposed  of. 4452 

5  Notcountea  in  time  given  to  appeal,  353* 

6  Attachments  may  issue  on. 3196 

7  Service  of  bail  on, 3336 


1048 


INDEX. 


Salaries  and  Fees  of  Officees. 

1  Of  Governor, 

2  Of  Governor's  secretaries,. . . . 

3  Of  Governor's  messenger, 

4  Of  Comptroller  General, 

5  Of  State  Treasurer 


<)  Of  Secretary  of  State, 
7  Of  Surveyor  General.. 


8  Of  State  Librarian 

9  Of  Trustei'S  of  Lunatic  Aisyiuin.. . 

10  Of  Keeper  of  Penitentiary 

11  Of  Assistant  Keeper 

12  Of  the  Book  Kr^epi-r, 

13  Of  the  Physician 

14  Of  the  Chaplain 

15  Of  Military  Storekeepern, ...  167 1, 
l<j  Of  Sup't  (if  Lunatic  Asylum 

17  Of  Assistant  Physician 

18  Of  Suii'tG''orgia"MilitArvInslJtulv, 

19  Of  8.'."yoftf.nal"an(JCTkof  Huus.; 

20  Of  .Judij.'s  <.f  Supreme  Ouurt,.  .  . . 

21  Of  the   K.-pt.rter 

22  Of  Judges  of  Superior  Court,  .  . .  . 

2i'>  Uf  Solicitors  GeuerHl 

24  CiTtificaU^  of  »<>rTice 

2')  No  f''<'s — in  what  cases, 

2(j  Of  Attorn,  y  Gonmii 

27  Of  Solicitors  in  Supn-me  Court,. . 

28  Of  jMTsons  employcsl  by  (iorornor, 

29  .Juiii,'e.- shall  bavead^quatesMluries, 

30  A\><>  Solicitors 

Sales. 

1  By  Guardians, 

2  By  Kvecutors, 

y  By  .Adminitlrators, 26i:t  to 

4  By  Sherirts ..WTfito 

T)  By  Cun>t»ble!« 4oS-l  to 

6  By  Tax  Coll.-ctors 

7  By  Trustees, 280o, 

i^ee  Judicial  SaUt ;  PrivnU  Salrt. 

"Sait. 

See  J/mprctivii  and  Inapcctori^. 
Satiskai'tion  ok  Exe<.'utio.\>. 

1  I'tjivplaini-*!  levy  on  personalty.  . 

2  Iltlrux-  of  properly 

5  Allow  iii^;junioryf./(/  to  tiike  fund, 

4  Aj^reiiueiit  never  to  enfort-c, 

Savannah. 

1  Laws  fflative  to 47;}!  tti 

SCHEl>ri.E. 

1  Of  insolvertt.- — when  fil«l. 

2  May  be  Hmendcd, 

Schools. 

1  How  incorporated 

Scire  Facias. 

1  Sui>erior  Court  may  i.*sue, 

2  May  be  amended 

5  To  make  parties — contents  of,^  .  . 
.     4  Ajjainst  bnil 3347;  8R^ 

0  On  forfeiteil  reco;;iiizMnces 

(i  To  revive  a  judgmen; . 

Skat.. 

1  What  is  a  soa.1 

2  Wiiat  i>fl5cers  niui>t  keep  a  «eHl,. . . 
u  Grijat  seiil  of  State 


I.'i72 
1572 
1572 
1572 
1572 
1572 
1572 
1572 
157} 
1574 
1574 
1574 
1574 
1574 
1575 
157G 
157H 
1570. 
1.^77 
157H 
157^< 
157H 
157K 
1579 
1579 
l.V»0 
1581 
1573 
49H.", 
49e>6 

1779 
252>< 
252K 

■X5H;; 

4<)80 

813 

230ti 


3*.84 
35S5 
S586 
8687 

4885 

1  •)^s 
3131 


1187 

4980 
3119 


c 

12S 

8<-. 


4  Forging  pudic  seal, 

5  Of  Executive  department 

C  Endorsement  need  not  be  under,.  . 
7  Contract  under,  impprtconsiderat'n 

Seal  op  Georgia. 

S4*e  G-rcai  Seal  of  the  Siau' 
Seal  op  Exkcctive  Department. 

1  Device  of, 

Skamek 

1  Proce-'rjingsagain.-t  defaulters,  1492, 

2  Shall  n^t  he  cn-dited 

3  Shall  not  be  furnished  with  liquor, 

4  Certi)!«.it<'of  service  and  di.<charge, 

5  Penalty  for  hirin;;  without  certili- 

cate..'. .1^ 14'.»7. 

0  Invoitrling — peiSlty 

7  Aidm;,'  I'-f^ap*-  of — penalty 

8  Penalty  lor  harboring.. . ! 

9  Vexatiou-  arrest  of. 

Skaecjik-'  am>  8cizi-re<>. 

1  S«viirily  Jiifainst,  .  .  1'HJ9. 
Smarcii   ^^  auramts. 

1  \V'b(  n  i<i  b<'  issued, 

2  How  execute*! 

8  Seizure  of  tho  goud», 

4  Forcibly  taking goods.no ground  for 

0  Bindiiii;  offender 

SEDnCTlOK. 

1  Action  Jor— who  may  t.ue 

2  Lo.ss  of  -crvice  need  not  be  prored, 

3  Dama::-., 

4  Punishment  for,.  

Sechision. 

1  Ordiniuic*'  of...  . .    .    , 

SkCRKTAKY    or   THE  Sknatk. 

1  Ele«.ti.'i)  Hiid  term  of, 

2  Hi*  ii.»si>riotH  and  clerkn.. 

3  Hie  <iuiif» 

4  His  t-uth 

6  Mu.-t  Hie  (Hipers 

(■>  And  obtain  cerr  '  '    reof,. .  .  . 

7  Must  aid  when  1  t, 

>^  Mu^t  Iiirnish  n)hii>>-'  .  .j.i  ;■•  printer, 

9  Hi.,  salary 

Secretasy  i.F  Staik. 

1  Eh'.tion  ..f. ..1283, 

2  Ui^  boD<! 

3  .Shall  furni^ll  copy  ol  ieA.<jrd«.  Jcc  , 

5  .\l!owed  n«>  j.KTquii>it<* 

5  Shall  keep  tin*  great  »>eal 

0  His  duties  specified 

7  Shall  keep  office  at  Capitol 

8  His  salary, 

SeCRETARIICS    <.p    THE    GoTERXOE 

1  Th«'ir  appnintnient, 73, 

2  Their  sal-  ie.^ * 

Seciritirs. 

Sf^e  PriAripal  and  n'trrfy  :  Sureties 
Senate  op  Georgia 

1  Number  of, . . .  .  

2  (Qualification  ol  .*^riat"r.>, 

3  Election  of  Pri»i.jdent 

4  HaesolepM.iw.rtolry  5ni;>eachmciif» 
Skharate    E.sT\T1.i*. 

See  Trust  E*UUsm. 


4347 

79 

2725 

2703 


79 

1493 
1494 
1405 
1496 

1498 
1499 
1600 
1601 
1602 

60.53 

4635 
4686 
4687 
4688 
4639 

2961 
2951 
2961 
4270 

488<J 

188 
192 
181 

1-  ' 

luO 

196 

953 

1577 

41»«<J 
8J 
84 
8.: 

a') 

86 

a3 

1672 
4968 


4923 
4924 
4925 
4'.>26 


INDEX. 


1049 


Separate  Maistrnanck. 

See  Alimony. 
Servants,  not  Slavkh. 

See  M<htiyr  md  S^'rvnnt. 
Set  okk. 

1  Dpfinitioii, , 

2  What  rn;ty  be, 

3  Mutual  debt.^ 2842, 

4  Of  judgments 2843. 

•)  Against  beneficiaries 

0  Against  original  payee  of  note.. .  . 
7  Of  debt  of  testator  or  intestate,..  . 
H  Of  iniprovv'ments.inejectm't,  2847, 
'.)  Of  debt.-^  not  due 

10  Dijimis^al  of  suits,  after  set  oft',.  . . 
]  1  Again.>it  estates 

12  Judgment  for  defendant  for  excess, 

13  Limitations  apply  to, 

14  Of  debts  not  due,  in  attacliment, .  . 

15  Equity  follows  law  as  to, 

See  Rrroupmcnt. 

Sbveiiance. 

1  By  defeiiJant-s  jointly  indicted,  .  . 

2  P^tiert  of    ontinuanoe  l)y  one 

3  Of  produce  from  realty — punishm't 

SUERIFKS    AND    THEIR    DKlTTIEh. 

1  Their  elLction  and  term, 320, 

2  Disqualilications, 

3  Oath  and  bond  of, 323, 

4  Approval  of  the  bend, 325, 

•5  Record  and  dej^osit  of  bond 

G  Deputy  succeeding  princii)al, 

7  Vacancies — how  filled, . . .  . ; 

8  Office— where  to  b(!  kept 

'.)  .Sheritl'  may  appoint  deputy, 

10  Sherilf  is  jailor,  or  may  appoint, . . 

11  Bond  and  oatli  of  jailors 

12  Sheriff  s  duties  specified 

13  Books  when  full — how  disposed  of, 

14  Cannot  purchase  at  their  sales,, . . 

15  May  be  ruled,  and  removed,.  .267, 

16  Damages  against  them  tor  escape,. 

17  Their' liability. 3852, 

18  Shall  ]iay  2U  per  cent,  for  retaining 
money  after  demand  therefor,. . .  . 

19  iJeiiiacd— howqjroved, 

20  May  be  ruled,  though  out  of  office, 

21  Jiaic  7usl  may  Lssue  ju  vacatio)!,. . 

22  /^Loswer  to  rules 

23  May  be  ruled  without  notice-when, 

24  Lein  i.f  rule  absolute  against 

25  Punishmriit  of  defaulting  sheriffs, 

26  Liability  of  depuiies  torule 

■27  Who  may  serve  rulfis  against,. .  .  . 
26  Who  inay  serve  process,  where  sher- 
iff is  a  party, 

J29  Fees  of, .  . . '. i 

30  Shall  have  only  prescribed  fees,..  . 

31  Sheriff  of  Supreme  Court 

-32  His  fees 

.  -33  Bondof,  may  be  sued  wiihout  order. 
See  Officers  of  Court ;  Slunff's  Sfilr.t 
Sheriff's  Sales. 

1  Time  and  place  of, 

2  Where  and  how  advertised, 


2810 
2841 
3398 
3396 
2844 
2845 
2846 
3397 
2840 
2848 
33't5 
3398 
3399 
3224 
3072 


4574 
4574 
4482 

1206 
321 
324 
327 
826 
328 
322 
329 
330 
331 
332 
336 
337 
338 
341) 
3567 
3853 

3854 
3855 
8856 
3857 
3858 
3859 
3860 
3861 
3863 
3864 

3257 

3621 

339 

225 

227 

5107 


oo  ( 5 
3576 


3  Change  of  advertisement 3577 

4  Of  land  divided  by  county  lines. . .  3573 

5  Purchaser  of  land  tohavepossession  3578 

6  Order  therefor— when  nel'es>ary,. .  3579 

7  Land  held  under  bond  for  titles — 
how  sold 3581 

8  Where  part  has  been  jiaid, 3505 

9  Widow  and  lessee  of  defendant  not 

to  be  disp<ts9essed, 3580 

10  Re-sale  at  purchaser's  risk 3582 

11  Action    against    purcha-ser  —  how 
brought 3583 

Shingles. 

See  InmpeHion  ami  Innpeciors. 
Siiippiso. 

1  Firingorsinking  vessels— penalty,  4478 

See  Pilots  and.  I*ilot.afje 
Shooting  at  anotukk. 

1  Definition  and  punishment 4269 

Shows  ani>  Exhibitions. 

1  Charge  for  licon.s<< ■  ^  501 

2  Forfeituretherefor.wiihoutlicens-,  '  504 

3  Licen.se  may  be  demanded 506 

4  Forfeiture  ibr  failing  to  show  it, .  .     506 

5  Modeof  recovering  forfeitures,  507to510 

6  Forfeiture  no'bar  1o  indictment,.  .    511 
Slander. 

1  In  actions  for,  the  ])laintilf  shall 
have  no  more  co^t  than  damages, 
if  verdict  be  under  ten  dollars,..  .  3606 

Sec  Libel  and  Slander. 
Slaves. 

1  Definition  of  " slave," 1599 

2  Pre-,umplion  again.st  ne^groes,  «fec.,  1600 

3  Mulattoes, 1^01 

4  Slaves  arc  chattels 1602 

,      5  Their  natural  right.s 1603 

6  Dominion  of  third  ]>"rs<)ns, 1604 

7  Their  ac(Juisitioiisb<-K.iig  to  master,  1605 

^  1606 

I      8  Children  followconditionofuiother  1697 
j      9  Free  negroe.*  may  voluntarily  be- 
^  come  slaves 1608 

10  Importation  of..  .4950,  4951,  4952,  1609 

11  American  raloniz-ation  society,...  1610 

12  May  be  pardoned  by  Governor,  67,  4713 

13  Requisites  of  .slave's  permit, 1364 

14  ■\Vheutheyinaybearniedbyina.ster,  1367 

15  Unlawful  assembly  of, 1369 

16  How  dispersed, 1370 

17  Persons  having  jiatrol  ])Owers,..  . .  1371 

18  Penalty  for  refusing  to  aid  them,.  1372 

19  Property  found  on— how  restored,  1373 

20  Subject'to  chastisement— when,.. .  1374 

21  Penalty  on  master  for  allowing 
slaves  illegal  liberties 1375 

22  Shall  not  be  licensed  to  preach,. .  .  1376 

23  Punishmentforkillingormaiming,  4953 

24  May  be  hired  privately  by  adm'r,  2505 

25  Contracts  of,  void, 2700 

26  May  contract  as  agent  of  master,.  2700 

27  Do'micil  of  slaves, 1649 

28  Duty  ofmaster  to  insane  slave.^!  308,  181G 

29  Proceedings   by  third  persons,^^  to 

confine  in.sane  .slaves .1817.^ to  1820 


im^ 


INDEX. 


30  Imit-.f-f-  of.  fo!lo\\  •>  liilr, 3222 

81  "\Vitneh6<«  for  orugaJnsteachothir,  4Gi*8 

32  C<>nf<  wi'1118  of 4C97 

See  Bad  in  rrlmr'uni  casrs,  ti ;   Hiring,  9  tr, 
1"*;  -I/,  *  .•   Pa<rul  Imium;  Petal 

Oiilej  .  .Lfrfe prtnfms  f-f  coUt ; 

S//JU  H,  ( '  n  ■,f'.-  Tfiditine  id. 
f-LAVKH.     Ma\'JMIK»Ji(.'4    ok. 

»S(!e  Mtiiiu.-iij'.- Uin. 

RlAVFS,    C)jKI.>cK«    KCLATIVr 

1  PuniKhiin-nl  fur  hiirhirin;;  ;    - 

2  Currviiijf,  or  indiu  it);;  to  r 
8  Uniir.tvokctl  b-atini:  t  r  w. 
4  rrij.'lty  bj  owntM-<.. . 

r>  Tri  dinp  with  ►.Iuvch. 

«  r, 
7  r 

H  1).  ,,..,,    - 
'J  (ii\  it.j^  t!i.     , 
]0T.    .  ■  .     •  . 

11  I 

12  J 

13  U.tl.y^  il..  ,  . 

14  (J;v  •    -  ,  :•  . 


r ■ir.'I 

t-torokw^jcr,  4  tOJ 

41 

•y -»; 


'-  '  'I  n  an(f  iiQpewhmt  of.    -iblt 

'  '  '  ■  f'fficinl  misconduct,...    367 

14  So, itiUn  pro  trm.  nr.d  hU  fers.  858,     3.'i9 

1  '•  I'--1ir?T,r  r.t.s  .'ipnii.f.f. 3^0 

iiCntK,..  4520 

■  '  JCBaii)Ji-,.o.\  OKTBR  STATK 

% 23 

sK  or  RcrkncxTATiviEiL 

176,  492» 

nc 

.   1  :iir'«nt, 179 

1K4 

i  v. 

2  \'.  ' 


2&» 


10  ^ 

17  T; 

18  1' 


I'l   K. 


-n» 


f-«}-atUi>  t; 


?(»7»l 


■  1 , 1  ;  •  1  !  1 1 '  1 1 


*  ■>..«■ 


1    I     •■,    r    .1...   ,.,l.,,,. 


'4   !«•-«««,  «lMM|>|M«n« 


>ll 


•2  Att, 


4  ..^  ^  ^< 

5  Fin... 


«n|it  fi)  .    :nnnt 42 Vi 

»o;r.  .»f  ro-ulat.'d, 4912,  .'h>.>2 

'  ■     ••  KRAL. 

1', 84y 

>  .itid  t/rni, 34r.,  4DM 

ud S47 

..  w  fiil.d.... 348 

of  circuit,. .  3<'iO 

.S.')! 

«.  to  :..;..    hill  iuiit'tirblDfiit.  .i''*J 

1  f'>r  n<'<  «tl«'nd"nr  »<'*iirL...  .  '•'^^i 

304 

«o(>t,..  3^ 
.^  •  :i«-i.  lor  ni-eiviiijj 


3  I 

4  1 

5  '.' 
•i  i 

•  >• 

V     \, 

0  .\. 

10  i 

11  .\ 

12  };■ 

13  1 


iid  pwd. B71 

"uafxm- «  h^i.  ilt 

87S 

874 


*7'j 

C^O  to  MS 

A     k     K.    Mtid    ndiJ- 

St* IE  llol»^e  (tOAKio 

1  r  121 

2  N  1 84 


.355,      8.Ki        1  Hm  ii(>|K)itttiiicul, 


73 


INDEX. 


lOot 


SHhBond, ]]\ 

3  Fh.\:i  Vf*p  the  library, ji* 

4Hi«'lutJe«, •••  i|^ 

5  Sb.'*M  dtPtribnt^  Iftws  and  journals,. . .  '  i^ 

6  f^h;.n  kf^p  catalogue  of  books, 1 1^ 

1  MxM^i  u»Ve  receipt!?  for  bookiv J  '^ 

8  hluJl  f^xcJianpe  reports, •  •  1 1^ 

0  Hi^ffTiOCPubjecttoCTOvVseuperviK'n,  lio 

1 0  Mh-^i  .'iccoiint  to  guocc99or, 1  J» 

11  lJi«  Salary, ^°^^ 

lYhn  oStion'and  bond,. . . .  940,  041,  1283 

2  AtWitional  bond  may  be  required, 

3  Vacancy— how  supplied, 

4  I)amaif08  for  breacli  of  bond,. .  .  .    • .     J*^ 

5  He  and  fiuretir  s  miigt  be  Georgiyns,. 

6  rrintinpr  must  be  done  in  State, 

1  rnnting  during  ,:ession  of  legislaMirts 

8  iVnalty  for  failure, 

9  When  hi«  duties  bejpn, 

10  What  he  \i*  to  print, 

11  How  it  is  to  be  done •  ■ 

1  i  Frintioe  and  delivering  laws  and  jour- 
,^  yol,  *.ia 


1445' 


1985 


3764 
443 


942 
943 


W5 
945 
94G 
947 
948 
949 
950 


ralB, 

13  Number  to  be  printed, 

14  Othtra  may  be  ordered, 

1-5  Delivery  to  librarian, 

1 6  OjmpcnHatioa  of  printer, 

1 7  Korleilure  for  delay, 

18  H<?movablc  for  dcl^y • 

19  Defective  work  uuty  bo  rejected, 

20  Bond  of  new  Printer, •  ;^:    '  " 

21  QMifitam  vierru.it  of  removed  l^nntcr. 


954 
955 
950 
957 
958 
958 
958 
953 
060 

22  i:epree«ntative  ci  decoafled  Printer 
may  complete  work, •.•-.••••  •  •  •     ,^^. 

23  When  entitled  to  other  printing,.  9t>i,  JO.^ 

State  Stockc. 

1  B.ink  and  raUroad  etock  owned  by  tne 
litTae, j36toJ.iW 


87 
88 
89 
90 
91 
92 
93 
1672 

5 

G 

12 

13 


^n^rX" >»«^.«'iS 

2  His  bond, 

3  Rights  and  duties  of. 

4  HiH  duties  npexafied, ••  •• 

ft  Olficc  subject  to  Govemors  inspection, 

«  iMufit  settle  if  he  resigna, 

^  If  in  default— how  dealt  with, 

8  Shall  keep  a  book  of  bonds, 

9  His  tralary, 

erATUTKS. 

1  Rules  for  construing, 

t  Meaning  of  words  in, 

3  Repeal  of  a  repeahng  St,'itutc,  ••■••• 

4  Loc;d  Statutes  not  repealea  by  cod(V 

See  Lawx. 

Stavks. 

Bee  Jnypi^iion  am  la.rpt.cws. 

Stay  OF  ExBCUTiON.    ^    .     ,^    ^    .,,.„  „,«„ 

1  In  Superior  and  Inferior  Courts,  3588,  3589 

2  In  Justice's  Courts* .' 

gfKAM  BOA'l^i.  j^,jt) 

1  Lien  on ;. ,','o,^  \    i  ooa 

2  Proceedings  to  enforce  hen..  1980  to  1983 

g*;e  Errata. 


^TrSnsfer  of.  where  Ptoclvholder  is  per- 

Horially  liable, ; 

Stone  Cutters. 

1  Lien  ol^ 

Stratb. 

See  Rftrays. 

SrBro:SA. 

1  How  isfBed  and  served, 

2  Sribpcrna  diuxs  te  mtm, ^J^l 

3  How  complied  with, ^*** 

4  Penalty  for  dieobeymg, ^*** 

Subornation.  ,^q 

1  Of  perjury  and  f;aee  swearing, 4ooa 

'J  Punihhment,   •  •  •  • ■ 

3  Conviction    disqualiliee    oflender    ^'^^^^ 
witness, 

SciTS.                              .            .    ,  Oi. 

1  In  which  Stat«  is  interested, -* 

See  Actions. 

Scrr.Riou  Courts. 

1  Held  twice  a  year •'^^^f  ^^°* 

2  Table  of  terms, •  •  •  •  •  .^(^^ 

15  Adjournments  by  clerk, .164,  .Ubt) 

4  CmiiHj  of  adjournment, ^ »»  j 

ft  Adjourned  terms, •^^^' 

G  Authority  of, •  •  • ^ 

1  Kvclusive  jr.risdiction  of  divorces,. .  ..  4974 

8  Of  criminal  ca.'^es, ■  •  •  • ^^'^ 

9  Of  cases  respecting  title  to  land, 4MH 

10  In  equity  cases, ^"ij^ 

1 1  Appellate  jurisdiction • *»  •  ° 

12  May  correct  errors  by  ct^koran., . .  - .  4a^y 

13  May  grant  new  trials,..  .  3635,  3G3G^  4J(y 

14  May  issue  writs  of  iruiwlamus,  profn- 
hition  scire  facias,  dc, 4^°^ 

1 5  Contingent  expenses  f-f. •   .   ^ 

See  CUrk  of  Saperiw  Oxwrt;  JuxlQea  oj  t-Mpe- 

ric^r  Cf/iirt. 


ScrREME  Co  CUT, 


1  OonsiHts  of  thiv«  .Judges, ^0^,  49  <0 

2  Has  no  original  jviri^dicuon, 4J.  i 

3  May  be  held  by  two  Judges, f^^^ 

4  Chief  Ju.«ticc  oQ J"^ 


4970 
213 
218 
226 


159 
3159 
3160 


r>  Judge*^how  appointed, •  4970 

t;  Unaiiimmis  docision— how-reversed  .     -iw 

7  AuUiority  of, '^^^■ 

R  OfKcers  ot ' ' 

9  Who  liable  for  cost  in, 

10  Mfw  appoint  officer— when, 

U  Times  and  places  of  holding, ^{^» 

12  Attendance  of  Judges, 

13  Adjournment, •  •  • 

14  Adjournment  ta  anotiier  place,  ^ 

15  Contingent  cxi>eB8es  of, ••0;J« 

16  Order  of  docketing  casos, 4| '* 

17  Publication  by  clerk, *| '* 

18  Dockev-when  closed,. •  •  •  4^';^ 

19  ShaU  decide  cases  at  first  term,  41(6,  497- 

20  CentiDuan»3  for  Prq^-idential  cause,. .  4176 

21  Purtie« — how  made, '*^" 

22  Incoitipteteness  of  record— how  reme 

died, 

23  Ma^iurity  dwndes  case, 


4178 
4179' 


n(W2 


rXDEX. 


24  DiMposition  of  caaes  in  which  the  onlj 

two  Jiidpr*  present  differ 4179 

"25  Decision— (Kjwor  of  the  oriurt. 4180 

26  R<'niitt(.'r," 4]g| 

"27  DamajreH,  in  cjne  uf  alii rmnncv 4183 

28  Id  case  o)   attirmanc-e,  fxet-ution  may 

WKiie  ;it  one* 418H 

20  Hill  of  oxoeptionw  «in4>n(lnhli* 4184 

30  Trans<npt  to  tni  flM   .  .  .  4j8£ 

31  Attorney  Ituiilo  for  oi>»t,  .  .  4186 

•32  Tr.-  -xt-d. 4187 

33  Ji.  fiiBt   in  cwirl  below,  in 

'•'  '        4186 

Sec  ,  nmrt;   Jydfmi  of  Sm- 

1  On  oflBcial  bond* — how  rHto^-rvl 164 

2  Of  tni ■((««'»— how  nWif«7Ml JJIS 

Bee  I'rtufipii.l  an  J  Surtty 

1   l.mt'i.'  (.  r  roiilpriM^ior^  .  .  ,  ifH 


20  (In 
'.'1  (■' 

22  r 


-."^Lkvhvun  (jkxriuu 

1  Hin  I'lfirtion, 

2  III-  |...,.a, 

■i  Hit')  I-  :a«i  Hiitl«iiof. 
■I  ll,.  , 


138.1   VM.i 


^  ^-'^  <n  Wild  lai»4«,. 

TAJ.^^^, '  . 

U   *  •''  ooiniMJxd  l.y,    .  . 

*  I"  •-••«,.  . . 

Tar. 

S<M'  /iiojuvUmi  and  /iupmolor> 

Tavkkv  *m,  Kmajl  Licki^sk 

1     II, .U-    ..».(   i.!„-(i 


3843 


1377 
vt-.  ...  IS78 

1379 

1S80 

Ilk  iD<*o.  .  . .  1S8I 

•' I38J 

RtUiltmg  twUaU  lArr%»e, 

•«>»»»  In  «  «t*n,  7  3  0  to  7  33 

•  lalKNi ".•'<• 

y  <'X«ia|>v '  . 

■Mi, 7. 

1      -'•<-m*luin«l<     7 

'-    ■--.»f««(^t, 7.. 

737.  76:; 

Ac 738 

tilljUx*^..    740 
•    furli»n'',     741  p 

US  I 

743 
744 
74S 
746 
747  1 
74.8  I 
749 
7i>0l 


vuid,. .  . 
bound,. 


1  other  oompMiiet, 
K<»r»  und  brok«r«.. . 

uin  ra  Iroad:*. 

reign  bankt,  4c,... 
iratxjt  coa|MBie^. . 


3S<>«t 

3*;  Ta.: 


Htpr»-^  oompaaies, 751 

- 752 

l«jr«l  mU»  of  tickeu,.  763,  754 
ptroller.    765 

756 

•"    - 767 

'  ooimty  line,.    758 

- '. ..  769,  760 

•  fii  imnKA  U)  l>e  nwoni  lo,.. . .     761 
t-fviny  rn  nn^!  pnrinK'  U\,.  . .     7Cj 

:r,:, 

loi,   i:i'^  '!/•.!   tb'Tom .  .       "C'i 

•K"nU 7f.7 

•. 76S 

....;.    769 
.*  uoe, . . .    778 

770 

-  r1v  — when,  771 
t,  772 
-.     773 

774 

••Te<laff*itiav776to777 
v«r»,. .    778 

779 

.  780 
781 
7H7 
^4 

7«6 

W 

-<  cseuMd  .'Wmb  doable  Ui, . 

788 

«)fafrMl>arDao-rMi«l««u,..  788 

;>N-',  .f»  fi.  .►'.  ;..>  <<\vt  \jtXfK  790 

•  '    ::i*. .»■-,•.   .   .!.  :»0.  791 

-    it.  <.,i.M  i-I    r."^      I  .•!,;  "'•••    "I'l 

'.- '  ;."\« ; .  c.i^  ■.■»;<  fl  •! 

.    •.  .■J..-  .  ..-- ■: 

'•»•;■•-••'•;»  1  V  ooUBCtor,.  .     79«. 

•    ••!:>•■!■  ^•  •»••         79» 

.....,.-»    !  J.-  a  d«raiiltent.    tt9 

....•.)..••      •   .■.iOr.f^lOMUOW*.      too 

Ml 
•03 

»  o  A^  803 

804 

.    ^h«a.  .  806 

80« 

txMuiaaiei,  807 

:  roller,.  808 

809 

■cved,.  810 

811 

•rt-  lo  Co.,  818 

813 

...  }«id, 814 

;a*er. 816 

liave  poMOMiou,  816 

•n«Ue^ 817 

>wA. 818 

ropertr 819 

ieetnwl, 830 


INDEX. 


105» 


93  Free  nejrroes  hired  out  for  tax,. 821 

R4  Tax  /i.  fa.  ruT  b  to  any  county, 822 

(15  Default  tax  on  brokers,  &C., 823 

86  On  defanhing  companies, 824 

87  Lifitr.f  tax  payer?,  by  whom  returned,  5114 
8R  Governor  may  stay  c-ollection  of,  ...  .  'J 6 
*i9  So  tudinal  interference  xs-ith  taxes...  5115 
90  Fee's  on  tRxfi.fcui 5110,  5111 

See  Courtly   Tax ;   Tax  CoUedors ;   Tax  Reciv- 
er». 
Tax,  (C>)l-\ty.) 

See  fjoviitij  Tox 
Taxation. 

1  For  what  purposes  exercised 4907 

2  Right  of.  f^anted  only  by  the  people,  4907 

Tax  roLLECTORS. 

1  Election  and  f|uiililicaUon  of,. . .  ."ilGC.  5108 

2  Their  oath  and  bond 853.  854.  5109 

3  Bond  for  county  taxes, 855 

4  Shall  not  collect  before  giving  bond. .     856 

5  Vacancies — liow  tilled 852 

G  Bond  and  oath  of  appointee, 857 

7  Duty  of  Tax  Collectors 858 

8  Their  negligence  no  excu.se  to  tax  payer   859 

9  Alteration  of  digest  is  forgery 831 

1 0  F%.  fa.  and  penalty  for  failure  to  set- 
tle,  832,  833 

11  SiichyJ./a.,  how  directed  and  executed  834' 

1 2  Sales  under  such  fi.  fas 837 

13  No  judicial  interference  therewith,. .  .  835  j 

14  Property   of   collector    and   sureties  ] 
bound  from  date  of  bond, 836 

15  When  to  begin  collecting, 838 

16  Penalty  for  collecting  before  giving 
l)ond, 839 

1 7  Their  bond  may  be  sued  on, 864 

18  Rules  for  government  of, 861  to  863 

19  Shall  collect  commutation  military  tax,  986 

20  Their  liability  for  county  tax, ,  492 

21  Commissions  on  State  tax, 860 

22  On  county  tax, 492 

28  Fee  for  issuing /i. /a., 51 )» 

24  No  fee  unless  /?.  fa.  be  collected, 5110 

25  May  issue  garnishment  for  taxes,  ...  5112 

26  Proceedings  on  such  garnishment,..  .  5113 
Tax  Receivers. 

1  How  elected  and  qualified,  840,  1266,  5108 

2  Their  oath  and  bond, 842,  5109 

3  Tacancie.«.  bow  filled, 5108 

4  Liability  of  receivers  and  sureties, . . .    843 

5  Duties  enumerated, 844 

6  Peualty  for  refusing  returns, 846 

7  Claipi  of  right  to  assess,  is  no  refusal..    849 

8  Failures  of,  no  excuse  for  tax  payer, .     845 

9  Double  tax — how  avoided, 847 

10  Clerk  must  forward  return  made  to 
him, 848 

11  Forfeiture  for  delays, S25 

12  For  illegal  digests,  &c., 826 

13  For  defective  digests, 827 

14  For  false  digest,  &c., 829,  830 

15  Proceedings  against  them  for  default,    828 

16  Property  of  receivers   and   sureties 
bound  from  date  of  bond, 836 


1 7  Fi.  fas.  against,  how  directed  and  ex- 
ecuted,       834. 

18  No  judicial  interference  therewith,  .  .     835- 

1 9  Sales  under  such^.  fas, 831 

20  Governor  may  vacate  commission,  8ot),  i>109» 

21  Their  bond  may  be  sued  on 864 

22  Rules  for  gc.ven.meiit  of 8G1  to  863- 

23  Shall  gather  military  statistics, 986- 

24  Shall  ascertain  number  of  blind, 1172 

25  Coinnii^sioiis  from  State 860 

I    26  From  the  county 850- 

j  Tenancy  at  «Vill. 

I       1  Either  partv  mav  terminate 2271 

I      2  Notice  to  quit,..'. 2272 

I      :;  Emblements 2273 

I  T::n*ancy  in  Common 

,      1  Sul>?tituted  for  joint  tenancy 2281 

1      2  Definition  of 2282 

3  Rights  and  liabilities  of  co-tenants, .  .  2283 

4  When  co-tenant  ma}  sue, 2284 

5  May  apply  for  partition, 2285- 

6  One  tenant  may  sue  .ilone, 3183 

Tender 

1  Nature  and  effect  of, 281 5  to  2818 

2  Of  damages  in  ca.se  of  tort, 2988 

3  In  actions  of  trover, 2989 

4  Of  sjjecitic  articles, 2816- 

1  KSTIMONY    DE    BENE    ESSE. 

1  How  taken  at  law, 3810  to  3820 

,2  Perpetuating  in  equity,.  .  .3041  to  3044- 
Testimony,  Pkrpetcation  of. 

Sec  Perpetuating  Testimony. 
Threatening  Letter.s. 

1  Definition  and  jiunishment 4892." 

Timber. 

1  Punishment  for  illegal  measurem't,  4468- 

See  Inspection  and  Insptciors. 

TiMK. 

1  How  computed 6 

2  Sundays  and  holidays  allowed, 2733,  3034 

3  Whenofthecssencoof  the  contract,  2721. 
Tippling  Houses. 

1  Keeping  open  on  Sabbath, 4420* 

Title. 

1  Definition  of, 2820 

..  Perfect  title, 2321 

:;  Origin  of  land  titles 2322: 

4  To  Tand  and  negroes  vests  in  heir,  2451 
•J  To  other  property,  in  administrator,  2451 
G  How  made  on  bond  of  decedent, .  .  2508' 

I  to  2511 

7  Slander  of  title, 2964,  2972 

;      8  May  be  made  to  heir.s  of  obligee,.  2510 
9  How  affected  by  verdict  in  trover,  3012: 
See  Deeds ;    EscJi-e^ais ;    Q-ranis ;    Judii.ial 
Sales ;  Prescription. 
Tobacco. 

Sc»e  Inspection  and  Inspectors. 
Torts  ou  Injuries. 

1  Definition  of  torts, 2894 

2  Injury  common  to  all, 2895 

3  Failure  in  legal  duty, 289G 

4  Private  duties, 2897 

5  Election  by  injured  party, 2898- 

0  PriWty — when  necessary, 2899' 


i|f« 


•* 


1054 


INDEX. 


7  Fraud  and  damug^ ...  2(K)0 

a  Deceit. 2901 

^»  I^tt'TS  to  obtain  cn^lU 'iWfJ 

10  Tort-t  on  wilV,  Si^ :■>•> 

11  IJv  wiff*.  sfrranta,  &k  . 

12  By  cnijd^vcxM ,  .  J'hi  , 

l.<  IlutiHc-uli('n  of  tort-^.. .  .  2tW>, 

II  Virions  ii:iir:   '"  " 

).')  Fraud  l>y  u  '  'i<*«' 

K;  Ab;itc!ii.'nl  <  :   ,.         .    '.  >r _      • 

17   ]'liy^ic'il  iiii'iri"' 

IK  \V1i,  ■   :-  .,  t.'  il  t  .  C.  ■  !•   .  ■'•:... 

1"   \'.  • 

-'I  1' 

•il   li 

•J2  1) 

2.5  M 

2J  ]• 

2..  'I 

2f.  15 

'.'T  r. 

17 

■._■■'  ,  .  I 

.Ji»  To  |iiT»na»|t\ 
;il  T(i  ttlnvfu..  .  . 
■  12  liy  lUil  Hojid  CoiuiMUiUM,.2'j;7  L>  U'J^.U 

1  .\.  "  Ix-tr  Intir.->4.  .  2030 

Ti:  Ml  M.  Wfc* 

1   1'k'.         .    .1  l..r.     .  -U'M 

'Pk\n-^i  I  .  r    I'hBBOMt. 

I  Dniiji.il  of IC4i 

TUKAHON. 

1  Id  lold.;;r«w^^iill'n-puoi*hm't.  4312 

2  III  2<l   d.-^rtM'  <i<-flnit'n-pui>Uhai*t,  421 » 

TRKAHtrnKR    ((.'OUKTT  ) 

S<>.'  Chunty  TV^OKurrr 
'rKKAhDIiril*  (ST*rit.) 

S.T  Stnic  Tmanurrr 

TurA.'«L'BY. 

1  Munoy  drnwn  from,  Am». 4y47 

Turks 

I  r.n>ltyf»rmO,   - '  ,..i....*,>ytnc,  '•'•70 

Tkkm*am».  '  [ 

1  Aciii»n  for 2'V.s 

U  Suit  for  by  rtiuHiiiiiTUKrii, . 

8  In  caM!  of  baiiinvnt* 

TnitwrARHRRd. 

1  On  I:itid,   how  r}«c<M nOTO  l->  3982 

Triai,. 

1  Of  collHtPrnl  iiwii-  ZTAl 

2  l>iMi\«nd  for,  incr.in.ii:.i  .  ;.•<«,.  .  .  4i34 
Trqvkr. 

1    •  of. 2WT 

t,  ('vidcnooufgiMiviu>io!i.  2907 
"  ■*'"'•'  "f  29d'.' 

-  I  oT»  litle,  3ui2.  v.'4H,i 
■\  m^viT .'>  J  2 


4  1 


•I  i. 
10  1 


2U1U 

W  1' 

WII 

r.  T 

2»12 

'***\1 

1 


•rdiot 


r.  i.i.u  ..r 
<;  I'l  , 
7  K-  1 

TbU.ST     I-ISTATB*. 

1   Whrii  thev  cxi^L 


ll-UAc... 


0117 

Gilt; 

228G 

22S7 
22  8 


n  I.I 

•>  y 


>-i  *  impl>«<l,  .    . .  29B9 

2J»0 

U  inu«t  b«  in  writing,  2291 
ind  fthifting  trusU 2292 

>:>••- 220:{ 

.  229 1 
22I»'> 

.  .-j..u  i    ..-I 221H 

Is  are  iinpUed,..  22'.i7 


'^nd  incoti 


Turtles. 

1  Ttiitfl  of  tAkinie,. . 

2  IVuaity  fur  Ukia^  *il«yaily, 

UmI'IKI 

1  .\w.trt]  hj, 

U.'«:vr?-.viTT    cr    (lEOROTV 


A  t.nislcj. . 


■  ^X»f* 

action  of  board..   . . 

•  •  -«rbeii 

uffttm  ka. 


I  u  bo^  •  V  ftixJ  r^fx>rl, 

I I  Umjo  ,j  "  jLiinivxy  to  I  --i-iiature, .... 


2K:;1 
1117 

nic 

1118 
1119 
1120 
1121 
1122 
II2S 
1124 
1125 
IIM 


INDEX. 


1055 


12  0' 


17  o- 


1  1 

2  «' 


3400 
3401 


-     "  11  religion. . .  1127 
,  ..., 1138 

,  ri)  Dc.uro  legislature,  1129 

'^CTfMH? 1130 

,  ill  law  .and  me<lic;uf, 
vntliout  other  license, .  .  1131 
s  in  oonnection  witli. .  .  .  1Kj2 

■1 S  fcampus  oi',  shall  not  lie  eold, H  -p 

]  a  Its  incomo— dcficieMv, 1  Ip-f 

'"I  i  f  -  •   •;•  lr\-.V3  relative  to 1135 

;       •   «    ■•         :,    .'.SSEMELin-H. 

.  .  4399 

.-,.....; i^Jio 

Un  W  H0I,»  i-OM  i:   l;i:  EAD. 

1  Tcnalt}-  f  >r  eellin,:,' '■  '''2 

1  Action  for  selling,, ^5 

2  IndictmentandpunislimciilfOTiy.liing  44J1 

USCUY. 

1  Plea  of  iiPtirj' 

2  Examination  uf  ])artica  as  to,  . . . 
See  fntcrei-t  and  Ufrury. 

Vagrants  and  Vagrancy.  * 

1  Defined — punishment, 443& 

2  Pcrsous  with  Calse  keys,  &c,  deemed 
rogues  and  vagabond.s *'*-^^ 

3  Professional   gamblera    deemed    va- 
graiits 4*^^ 

4  Bonds  incases  of  vagrancy, 44r)3 

5  Duty  and  fee  of  solicitor  in  such  cases,  4454 
Vknoer  a.vd  Pukuiiaskr. 

1  Vender's  equitable  lien,  abolished,. .  .  1083 
See  I'rivaie  SaJes. 
Venue.  ^^ 

1  In  civil  cases  at  law, o-->13 

2  Siiitw  re^fiecting  titltn  to  land 314 

'A  Suiis  Hgaiust   several,    in   different  ] 

counties S316.  49821 

4  Atjiiiust  maker  ami  eodorser,  8316,  4^>83 

5  Agllin^t  riiilroad  (•oni[  anies,. .  684,  S31< 

6  A  grtin- 1  non-residontH, 3318 

7  Scire  facias  against  bail,    8319 

8  To  .-evi ve  dornimt  judgmonts, 3525 

•J  In  equity  casen, 4:0!>6 

10  In  criminal  cases, 4976 

VkRUICT:*. 

1  Must,  covor  the  issues, 3479 

2  Must,  tiiiow  ou  what  ph'a  lound, . . .  3480 

3  M-iilduiiC  verdicts, 3482 

4  Ueceivable  only  in  oi>ea  court 8486 

6  hi  tiover,  tbeic  effect  on  the  title,.  3012 

3483 
0  Form  for  total  divorce, 8484 

7  For  partial  divorce, 3485 

8  Special  verdicts  in  »quit,y 4120 

9  CoUHiiuciioii  of  verdicts, 3481 

10  A  III  iidiiient  of, 3421  to  3423 

11  In  m  lions  for  p.-r.-onilty,  pUintiff 
nmy  h^ve  verdict  fur  the  property, 
or  it>)  value,  or  ler  the  property 
aloiie, 5117 

Voluntary  Conveyances 

1  V  id    agdnst   purchasers   without 
notice 25  88 


VoLv:<TKKns. 

So  Militia  Laws  IC  to  40. 
Voting  Illegally. 

1  Voting  more  than  otice 444i 

2  I3uyit)S  and  sel  ing  votes iM-i 

Z  Voting  by  nun-  r- 4i4i 

VilgaFw  La>ouao!: 

1  In  prt-^ecce  of  t'v;;ja'.er',  . 4271 

V»AEi;ANTti. 


1  Who  u.ay  i^^&ue, ^4505 

2  Form  of  affi<lnvit  lor, 45'.«t» 

3  Forir.  of  warm!". is, 4'i','7 

4  Vi'ho  m:iy  hear, . . .'. 4.jV'".) 

5  I3ackin'4  warrants, 4vU  I 

G  lieuch  w-trri-.n;?, 40  '3 

7  For  good  behavior, 4Ci27 

8  Peace  warrants, 4'^i  ) 

9  Sear^ii  wjirraats 4l/oJ   49i>'J 

10  Special  warr?.nta, 4  .Li 

11  Diotres:!  warrant 5i0l 

See  Poi^'sr.nnj   Warronis. 

Warranty. 

1  ■Alien  im;/ i'  d, 2<W''7 

2  Coveuuuis  of — iicw  consnueU, 26i)'J 

3  Effect  cf  breacii  ot"  vrarranty, 2i>»8 

4  General  warranty, iJijiiJ 

5  Of  fclavo  "in  every  re^puc  ," 2663 

6  Thatslaveis  "ticaUhyatic'ciu   d,"  2664 

7  Of  title  to  slave,  goes  to  assigiite,.  2666 

8  Effect  of  offer  to  rescind, 3666 

9  In  trflL^fcr  of  neg"  tiablfl  p>perh, ..  2727 
See  Damages,  10,  13.  11. 

\VAREtIlM;<SKMEN. 

1  Their  liability  I'.nd  lica, 2091 

Waste. 

1  By  Administrators, 2474 

1      2  Dv  Executors 2416,  2474 

3  by  Guardians, 1767 

I  VVekjiit*!  and  ^Ieasures. 

1  Standard  of,  to  iw  procured, 15:^>0 

2  Notice, 1^* 

3  Marking  instruai**nis 1527 

4  Of  venders  to  be  marked, 15:!8 

5  Selling  by  false  weights,  &,c., 1529 

Western  &  Atlantic  Railroad. 

1  Deljngs  to  the  Stat,-, 888 

2  Relation  of  Stateandpeojde thereto,  i89 

3  Penal  and  road  la^s  apply  to, 8'.H) 

4  Former  laws  remain  of  force,. .  .    .  891 

5  S'lpcrintendent — .ippointment  of,..  892 

6  His  bond  and  oath 893,  891 

7  Hi'!  authority, B95 

8  Rules  for  government  of, 896 

9  Force  and  etiect  of  rules, 897 

10  Suits  against  the  road, 898 

1 1  Demand  before  suit., 899 

12  Books  of  road,  evidence, ^*J 

13  Debtors  to,  are  public  debtors &91 

14  Treaaarer — his  appointment 9i)2 

15  His  oath  and  bond 903,  901 

16  Duties  of  Treasurer 905 

17  Auditor — his  appomiment 906 

18  His  oath  and  bond, 907,  9<>8 

19  Filing  and  record  of  oath  and  bond,    909 


1056 


INDEX. 


20  Duties  of  Auditor 010 

21  State's  remedy  against  Buperinten- 
(lent,  Treasurer,  and  Auditor,  ....  Oil 

22  They  mny  be  required  to  give  nddi 
tionalbond 912 

23  Monthly  Ffiiiement  by  agents', 01. S 

24  Defaulting  «genis,  dis^)in^^ed, 014 

25  Accounts  of  disraisHed  agents,  ....  015 
2(5  Defaiiliin^  agents, OltJ 

27  Oaih  and  t,on«l  of  agents, .  917,  018,  010 

28  Renewed  annually 020 

29  Additional  bond  may  be  required,.  022 

30  Setilenient  witlvauenis. 021 

31  No  credit  for  f reight-^ 024 

32  Oath  of  conductors •.»23 

33  S»'ttlf ments  by  c.>nciuctori" 026 

34  Disburse  men  Is  by  road 925 

36  Governor  <iecidei*,  wheuSiiperijiten- 

dcnt  and  Auditor  differ 92<» 

36  Pr<ceeds  <.f,    paid  into  treasury,.  ..  027 

37  Application  of  proceeds, 027 

88  Kale  of  us.  less  iron 02H.  'X'U 

39  Proceeds— how  applied,  029 

40  Otficers  cannot  purchase,  030 

41  R.cord  of  sales 031 

42  Sale  of  litnd— eiceplloo 032 

43  Who  may  trnvrl  on.  free  of  charge,  033 

44  8uporini<ndent  »hall  enforce  Uw»,  034 

45  Trnnvportttiion  of  lime ....  0K5 

46  ApprcpriHtiun  of  ilA  earnings  naj 

be  difcoiltinue<i, 1104 

WllAKI'lNOKKS 

1  Their  liabi!"'   ht..|  ii.n.  VfKt2 

Widows. 

1  May    sue 
bftod, 

2  Eiempl  from  bail. 
See  Itvutr. 

WlKK. 

1  Teaalty  for  whipping,..  1446' 

2  W  ife's  equity 1710  1 

3  .\bdnctiug  or  harboring 2049  | 

Set  J{uf band  and  W'ift :   Ma'^ifi  M'.iirn 

Wills. 

1  Definition  of  a  will. -;/iO^  j 

2  No  form  rcquirtd — test 286S 

3  Instrumont  mav  be  deed  and  will,.  2864 

4  Mutual  wills..  .' 2366 

5  When  wills  take  effect 2366 

(>  I'ower  of  t<  siator 2367 

7  May  be  good  in  pari  and  void  in  part  2368 

8  >iusl  be  voluntary.  '' 
0  Fraud  vitiates  wills.                             -    "  ■  . 

10  MiMakes  in  wille, 

11  Codicils, '- 

12  Who  may  make  a  will, ... 

13  Infants  under  14  cannot, 

14  Insane  person? ^.■~,^. 

16  Eccentricity  and  imbecilitj 2376  ' 

16  Testamentary  capacity 2377  I 

17  Frmf  corert  luay  make  will— when,  2378  • 

18  Conviction  of  crime-imprisonment,  2379  , 
10  Free  negro  may  make-slave  cannot  2380 


nuiuicide    ot    tiu>'- 
2918,  2045  to  2\»47 

•i";<7 


20  Wills  ot  blind  mutes 2881 

21  Interpreters, 2382 

22  Formalities  of  execution 238S 

23  Illiterate  wiinesses, 2384 

24  Time  of  witn»ste8'  compet'ncy..  ..  23H5 

25  Effect  of  wilnees  being  legatee.  .  ..  2;l8t'> 
20  Testator  must  know  contents  of,.. .  23S7 

27  Charitable  devises, 2388 

28  iDTeniory  nn<i    returns    dispensed 
with— whei 2380 

29  Ordinary'sjuri'diction  as  to  probate  2300 

30  Probate  in  another  county 2301 

31  ElTect  of  probate  in  common  form,  2392 

32  Probate  ia  solemn  form-when  con- 
clusive  2393 

33  Notice  to  helrn — reo«jrd . . .  .  2390 

34  Probnie    in    common    form — when 

C.nr'n..    -o 'J'-'-'^i 

Z'>  i  vacation 

8*'  '  '  'i</ /(V^  for  minors,  .     '/ 

87  VSitneKxrn    may    b*   eiamioed    by 

cnmm-  — ion 2898 

3J*  \  '  be  filed  with  Ordinary.  2300" 

30  !  may  be  esiablifibcd,  ....  24<K) 

40  <  >r.^  iKii  will  reniaina  of  file — copies 

e\  ulcnce 2401 

41  Foreign  wills— when  evidence,.  .  .  .  24ti2 

42  Who  may  offer  wilU  for  probate,.  .  24<i3 
43\Niihin   what   time  executors   must 

propound  lh<«  will,  and  qualify.    ...  24f>4 

44  Kzerutor's  renunciation  is  final,  .  .  2405 

45  .\dttii»ftions  of  eieeiitor  or  legatee,  2406- 

46  Revocation  of  wills.    2438 

47  Kxpress  and  iiuplied  revucatioBs,  .  2430 

41*  R<-vocaiion  — how  executed, 2440 

40  R4-publicaiioo, .  !  i' 

5(t  Cancellation. •    l 

51  Inter  •         •     -rvoke, -J  42 

52  Ho«  .  rt-voCMtionesienda,  2443^ 
o3  Ioc<  :  ,,   .....  ,  .'uvisionk  in  willa,. .  .  2444 

54  Revocation  by  marriage  or  birth  of 
(hild 2445 

55  ilow  republication  may  be  •  ffe<  led,  244G 
■  >Ct  .Nuncupative  wilU — wh»*n  good,.    .  2447 

When  and  bow  they  must  be  proved,  2448 

-  .Notice  U>  heirs..  .'. 2440 

•j''  Any  prop«-jiy  may  pa»a  by  nnocu- 

paii«e  wilU, 2450 

See  Carrat,  1  ;   iJtrut  and  I^^acp. 

WlTKI>KIS. 

1  How  sobpena*^,  and  their  fett^,.. .  8701 

2  Mode  of  collect  iog  ieeft, 8765^ 

3  IVnaJiy  for  exce-sive  claim  of  feea,  37CG 

4  Penally  for  non-attendance 37t.7 

"i  lor  the  Slate,  from  other  counties,.  07W 
0  In  prison,  brought  up  by  habeas  cor- 
pus  376'> 

7  Free  from  arrest :-.770 

8  Shall  not  r-f*^^"  '»■••" — when, .';771 

9CompeteD  -dby the C'.>urt,  3772 

10  Who  are  1  i 3772 

11  Comj-etenry  of  ctiildren 8778 

12  Physical  defects — interpreter, 8774 

13  Drunkenness  incapacitates,.  '''• 


INDEX. 


1057 


14  Conrt  shall,  by  examination,  decide 
as  to  idiots,  insane,  and  drankards, 

15  Competency  of  infamous  persons,. 

16  Of  persons  interested, 

'  17  What  interest  does  not  disqualify,. 

18  Excepted  cases  as  to  interest, 

19  Competency  restored  by  release,  . . 

20  Husband  and  wife  incompetent  for 
each  other, 

21  Party,  when  competent, 

22  When  objection  to  competency  must 
be  made,  and  how  proved, .  , 

23  Restoration   of  competency  by  de- 
posite  of  money,  &c., 

24  Witnesses  must  be  sworn, 

25  Separate  examinations, t. . 

20  Right  of  cross-examination, 

27  Leading  questions, 

28  Memorandum  in  aid  of  memory, . , 
20  Opinions  of  witnesses, 

30  Experts 

31  Impeactiing  one's  own  witness,.. . . 

32  Privileges  of  witness, 

33  How  impeached, 

34  Foundation  must  be  laid,     

35  General  character, 

30  Sustaining  witnesses, 3798, 

37  Witnesses'  state  of  feeling,  and  re- 
lationship to  parties,  may  be  proved. 


3776 
8777 
3778 
3770 
3780 
3781 

3782 
3783 

3784 

3785 
3780 
3787 
3788 
3780 
3700 
3701 
3702 
3703 
3704 
3705 
3700 
3707 
3700 


3800 


38  Who  competent  before  arbitrators,. 

39  Their  fees  in  8uch  case 

40  Slaves  and  free  negroes  competent 
for  or  Hgainst  each  other, 

41  iMaster  competent  for  or  agwinst  hit; 
slnve 

42  Subp<r;na  duces  te  cutn 

43  How  complied  with,. . .  3444,  'M46, 

44  Penally  for  disobeying  it, 

Wood. 

1  Size  of  cord, 

2  Penalty  for  selling  less 

Sec  /iifperiion  and  Inspectors. 

WORI'S. 

1  Meaning  of,  in  Statutes, 

2  Meaning  of  in  contracts, 

3  Meaning  of.  in  wills, . «. 

4  Opprobrious  words — punishment, . 

5  Will  justify  battery— when, 

Worship. 

See  Religious  Worslii/). 
Writ  ok  Error. 

1  Form  of, 

Writ  of  Possession. 

1  When  it  issues, 

2  Does  not  go  ac;ainst  strangeis, . .  . . 

3  In  favor  of  landlord, 


4155 
4147 

4C98 

4690 
844T} 
3447 
3444 


1512 
1512 


0 
2721 
2422 
4271 
4576 


4161 

3559 
3.560 
3987 


E  R  E  A.  T  A  . 


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